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Zolo Azania Update

May 10, 2008

Reprinted from the National Jericho Movement

Zolo to Face a Third Death Penalty Trial

Indiana Supreme Court in a 3 to 2 decision allows the State of Indiana to seek the death penalty for the third time in the case of Zolo Agona Azania.

Indianapolis — On Thursday, May 10, 2007 the Indiana Supreme Court reversed Boone County Superior Court Judge Steve David’s ruling that barred the state of Indiana from pursuing the death penalty in the case of Zolo Azania. Lake County Prosecutor Bernard Carter appealed Judge David’s ruling and that resulted in oral arguments before the Indiana Supreme Court on June 27th, 2006. Zolo, who was convicted of murder in 1982, has spent the last 26 years in Indiana prisons, most of that time on death row. Twice the state has had Zolo’s death penalty verdict overturned by the Indiana Supreme Court due to: prosecution’s suppression of evidence favorable to the defendant, ineffective assistance of counsel, and systematic exclusion of African Americans from the jury pool.

In Judge David’s ruling, he argued that the state could not seek the death penalty against Zolo a third time because of the length of time that had passed since the crime was committed (24 years at that time), and that the delay was caused primarily by the state. Many of the witnesses, material and character, are now deceased and much of the evidence is either missing or destroyed. David also found that a jury at a third sentencing trial would be unduly focused on the “future dangerousness” of the convicted, depriving Zolo of an unprejudiced decision by the jury. Judge David concluded that society’s interest would be best served by barring the state from a third death sentence.

The majority opinion, written by Justice Sullivan and supported by Chief Justice Shepard and Justice Dickson, tries to blame Zolo Azania for the 25 year delay by having the audacity to file appeals to his conviction and death sentence which ultimately exposed mistakes and misconduct by the prosecution in his trials. As stated above, it was this same Indiana Supreme Court that found there was just cause for these appeals. To now blame Zolo for the delays caused by pursuing them is tantamount to blaming the victim.

Justices Boehm and Rucker both wrote dissenting opinions supporting Judge David’s ruling. In his dissenting opinion Justice Boehm found the majority opinion’s arguments for attributing the delays to Zolo as “both novel and indefensible”. Justice Rucker was troubled by the inordinate delay (25 yrs plus) affecting Zolo’s ability to produce character witnesses and cross examine state witnesses.

The state of Indiana has already convicted and held Zolo for over 25 years for a crime in which he has always maintained his innocence. It is only fair that it drops its pursuit of the death penalty that is cruel, inhuman, racist and has no place being used in a civilized society.

Zolo’s lawyers are considering a petition for certiorari to the United States Supreme Court.

Sentencing Hearing October 20, 2008

The Indiana courts have set a new date for a trial before a jury on the sole issue of Zolo’s sentence, which could be the death penalty, on October 20, 2008.

Since 1981, for more than 25 years, he has been imprisoned by the state of Indiana. He is recognized by the Jericho Movement and others as a political prisoner. Zolo did not receive a fair trial and has always maintained his total innocence of any involvement in the crime for which he is imprisoned.

Zolo is a prolific writer and an accomplished artist whose work has been exhibited in many places around the country. His writing and his art reflect who he is: A man who lives his political convictions. At the time of his arrest for the shooting death of a policeman, Zolo was a well known activist in his hometown of Gary, Indiana. He was an ex-con who had grown up in extreme poverty, but he was also the valedictorian of his CETA federal job training class and had received a scholarship to Purdue University just prior to his arrest. He was involved in the campaign to make Martin Luther King’s birthday a national holiday and had designed a button used by campaigners in Gary. He also declared himself a conscious citizen of the Republic of New Afrika and was involved in the struggle for self-determination of African people in America.

Since his arrest Zolo has fought the charges against him from his prison cell, often on death row. His tireless efforts have exposed the unfair and racist way his case has been handled by the authorities. He has defended his own rights and the rights of other prisoners, winning the respect of fellow prisoners and jailers alike. His victories, overturning his death sentence twice, have set precedents cited by other prisoners.

As Indiana Circuit Court Judge Steve David wrote in a May, 2005 decision: “fundamental principles of fairness, due process, and speedy justice” were violated in Zolo’s case. Judge David also pointed out that “the State bears most of the responsibility for the delay between the defendant’s 1982 conviction and the currently pending penalty proceeding.” In 1993, the Indiana Supreme Court overturned Zolo’s original death sentence because the prosecution had failed to turned over a gunshot residue test. In 2002, the Indiana Supreme Court overturned Zolo’s second death sentence because “the jury pool selection process was fundamentally flawed,” including the unconstitutional exclusion of Blacks.

Judge Steve David ruled that prosecutors could no longer seek the death penalty because Zolo’s constitutional rights to a speedy trial and due process would be violated. But prosecutors appealed and two years later, the court ruled that “neither the delay nor any prejudice that Azania may suffer from it violates his constitutional rights. The State may continue to seek the death penalty.” The Court then appointed Marion Superior Court Judge Robert Altice as special judge to preside over Zolo’s new penalty phase, because Judge Steven David was called to active military duty.

Now the Indiana courts have set a new date for a trial before a jury on the sole issue of Zolo’s sentence on October 20, 2008. The proceeding will probably be in Fort Wayne. However, Zolo and his lawyers, Jesse A. Cook of Terre Haute, Indiana and Michael E. Deutsch of the National Lawyers Guild and the People’s Law Office in Chicago are fighting for a change of venue to Gary, Indiana or Indianapolis, both cities with a more diverse jury pool. Zolo hopes that progressive activists will again pack the courtroom to show their opposition to the death penalty as they have in the past.

The Indiana courts have also held that Zolo’s new sentencing proceeding will be conducted pursuant to the current Indiana death penalty statute enacted in 2002, which means that when the trial court judge receives a sentencing recommendation from the jury, the judge is to sentence the defendant “accordingly,” whether the jury recommends the death penalty, or a term of years.

The jury will thus be presented with the stark choice of the death penalty or Zolo’s release within a short time, and the danger is that the jurors will choose the death penalty because they may succumb to media hysteria and believe that a person convicted of killing a police officer is too dangerous to let out of prison. The Indiana Supreme Court has written that “In Azania’s case, the specter of an unconstitutional sentence particularly arises where the jury might consider Azania’s future dangerousness. We held that future dangerousness was not a concern in Azania’s re-sentencing, because the trial judge would have the final say in applying the death penalty and because the jury system requires that we trust juries to follow the law in their deliberations. With the trial judge’s sentencing discretion limited by the 2002 death penalty statute amendment, we emphasize again that a trial judge is not expected, and indeed not permitted, to enter a sentence where the sentence, or the manner of arriving at it, is illegal.”

The stakes are high for this next step in Zolo’s more than a quarter century of fighting for justice, for his freedom and for his very life. Those who oppose the death penalty need to continue to get the word out that Zolo is a wonderful person who contributed much to the lives of others and still has much to contribute, and that the government should not be allowed to put him to death.

What can we do to support Zolo?

Plan to come to court in October 2008, and write to Zolo at:

Zolo Azania #4969
Indiana State Prison
P.O. Box 41
Michigan City, IN 46361 USA

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