1972 Baton Rouge shooting

On New Year's Day 1972, twenty-one Black Muslims, including two women, checked into the Bellemont Motor Hotel on Airline Highway. According to East Baton Rouge District Attorney Sargent Pitcher, the group told a police intelligence officer they were seeking no trouble. On January 7, the police arrested three members for distributing Black Muslim literature without a permit and asking businesses to donate to their fictitious "Young Artists Association" organization. The group then left the Bellemont and moved to the White House Inn on North Third Street. At the White House Inn, the group invited local young African-Americans for "rap sessions", in which participants confessed the Muslims spoke of "giving the city back to blacks". The group also announced a street rally to be followed by a march to city hall. ==Events==

On January 10, 1972, a crowd had gathered near a Cadillac vehicle, which had been used to block North Boulevard. Maurice Cockerham, a WBRZ-TV news editor, cameraman Henry Baptiste, and newscaster Robert "Bob" Johnson arrived on scene and asked what was happening. They were told by the crowd it was none of their business and were requested to leave. Cockerham testified that he heard Samuel Upton, the de facto leader of the demonstration, speaking to the crowd from the roof of the vehicle. According to Cockerham, Upton had "referred to whites as white devils and as serpents and made several references to killing whites, ... that their teachings required that they kill whites." Within one minute, police officers had fired at the crowd, leaving five black demonstrators injured on the ground. The crowd threw rocks, bottles, and bricks at the officers, injuring several in the process. Aftermath In the aftermath, Louisiana Governor John McKeithen ordered 700 members of the Louisiana National Guard to patrol the streets to quell intercity tensions. After the demonstrators' arrests, an itinerary was found in their hotel room by the BRPD, indicating they had left Chicago in November 1971. At certain points along the cross-country trip, the group had split into pairs, with one set sometimes forming an advance party. Their tour began in Rochester, New York before arriving in New Orleans on December 31. ==Legal proceedings==

Criminal case On January 11, 1972, eight men were charged with murder and inciting to riot. The men accused were named: Lawrence Brooks, Robert Barber, David McKinney, Toussaint L'Ouverture Hale, Clennon Brown, Warren Hall, Ramon Eames and Ridgley Williams Jr. All but seven defendants ranged from ages 21 to 25. Baton Rouge District Judge Donovan W. Parker set a $500,000 bond for each individual. By February 1973, twelve Muslims were deemed competent to stand trial, while one was still at large and the other declared legally insane. That same month, District Attorney Ossie Brown scheduled the trial to begin on March 26 before Judge Elmo Lear. Brown also indicated all twelve Muslims would be tried together. On February 20, public defender Murphy Bell filed a motion for a change of venue, alleging that the defendants "cannot receive a fair trial here, principally because of the publicity" of the shooting. It was also reported that 300 prospective jurors had been called into court to determine whether the defendants were guilty or not, and if they can receive a fair trial in Baton Rouge. On February 26, Judge Lear ruled the trial will be held Baton Rouge after 60 prospective jurors had been questioned in court. Out of the 60 jurors, 38 had claimed they did not have a fixed opinion about the case or held strong opinions that they could not pull them aside and listen to evidence impartially. On May 7, 1973, Judge Lear denied defense motions for a new trial. He then sentenced each of the nine men to a maximum prison sentence of 21 years, with automatic credit applied to time already served. Of the remaining four, three were awaiting trial and one had not been arrested. The defendants' public defenders had pledged to appeal their convictions. On March 31, 1975, the Louisiana Supreme Court overturned the convictions and ordered a new trial for the defendants, on a 4–3 ruling. In his majority opinion, Justice John Allen Dixon accused Judge Lear of unfairly determining whether the defendants received a fair trial by depriving the defendants' legal motion for a change in venue or trial location. On September 22, Judge Lear postponed the retrial due to the attorneys not having sufficient time to prepare their defense. On November 20, 1975, Dudley Patrick Beavers, the last known Black Muslim involved in the killings, was arrested in Houston, Texas and held in Harris County Jail on a $150,000 bond. In April 1976, Judge Lear began defense motion hearings for the nine Black Muslims. On April 23, Lear threw out the murder charges filed against the defendants due to the district attorney's office taking no actions on the charges within the three-year limit. Assistant District Attorney Ralph Roy objected to Lear's actions stating he would seek a review with the Louisiana Supreme Court. Because of this, defense attorneys Bert Garraway and Samuel Dickens sought to have the charges of inciting to riot against the defendants dismissed. He pointed to the Code of Criminal Procedure that forbids further prosecution of any charge arising from the same facts involved in the same case. In response, Lear gave the prosecution and the defense to hand him written arguments by the next week for consideration. On May 27, Lear denied to have the charges for inciting to riot dismissed. He gave the prosecution until June 9 to seek a review to have the murder charges against the defendants. Retrial On June 11, the Louisiana Supreme Court denied to have the inciting to riot charges dismissed, and approved for the retrial to proceed. By mid-June, jury selection began with 300 Baton Rouge citizens summoned to court to testify as potential jurors. On July 2, the nine Black Muslims were convicted of inciting to riot and participating in a riot, with the jury verdict voting 10–2 after deliberating for more than four hours. By this point, five of the nine defendants had been released on bail. The next week, on July 8, the defendants were sentenced to 21 years in prison, with credit applied to time already served. ==References==