Into Federal District Court

This chapter recounts the federal district court injunction proceeding instituted by the Committee for Industrial Organization (CIO) and American Civil Liberties Union (ACLU) to stop Jersey City from denying leafletting rights and public-speaking permits. Revealing the hearing’s nastiness, the chapter shows that the trial had legal significance beyond exposing Mayor Hague’s misdeeds, as it tested whether Jersey City’s claim of traditional municipal police powers against alleged CIO communists or the ACLU’s new vision of nationally protected speech and assembly rights for workers would prevail, and indeed, whether federal courts would accept jurisdiction. With law in flux, the chapter concludes, the district court broke new ground by assuming jurisdiction, rejecting Jersey City’s old legal vision, embracing new ACLU views, and enjoining Jersey City as requested.

Evidence of Perjury and a New Petition

Attorney Paul Magnarella filed another petition with the Federal District Court asserting that during O’Neal’s 1970 trial, Jean Young, a key witness for the prosecution, had falsely claimed to have forgotten that she had received numerous payments from the FBI for information. Alcohol, Tobacco, and Firearms Agent James Moore lied on the witness stand when he said he had not heard of Jean Young receiving FBI payments for information. FBI records established that Jean M. Young had gone by at least seven different surnames, had been arrested three times by Kansas City, Missouri, police, had received a total of fourteen payments from the FBI for information, and had provided information to the FBI on Pete O’Neal. ATF agent Moore testified that he did not know of Young’s paid informant status, even though he later would write that both Young and an FBI agent had told him before the 1970 trial that Young was a paid informant. Magnarella argued that the prosecution was required to reveal to the judge, jury, and defense any evidence that reflects negatively on its witnesses. Failure to do so should result in a new trial.

Submission, Responses, and Final Orders

Attorney Austin Shute delivered attorney Magnarella’s petition to the Federal District Court in Kansas. Judge Arthur J. Stanley had retired, and his long-time colleague Judge Earl E. O’Connor had taken over Pete’s case. He accepted the petition, directed the U.S. Attorney to file a response, and allowed O’Neal’s counsel to file a reply. A U.S. Assistant Attorney responded to the petition by arguing, without legal support, that the writ of coram nobis was all but extinct and recommended that the judge invoke the fugitive disentitlement doctrine. The presiding judge refused to examine the merits of the petition. He invoked the fugitive disentitlement doctrine, saying that O’Neal could have litigated his legal issues on appeal in 1970. Because O’Neal had fled the jurisdiction of the court back in 1970, the judge said he was not entitled to any court resources.

First Petition

Attorney Paul Magnarella, utilizing the writ of coram nobis, filed his first petition with the Federal District Court in Kansas outlining the judicial errors in Pete O’Neal’s 1970 trial and requesting a new trial. Magnarella argued that California Youth Authority law had expunged O’Neal’s early convictions, thereby making O’Neal ineligible for indictment under the Federal Gun Control Act. He also argued that Judge Arthur J. Stanley’s acceptance of the FBI’s warrantless wiretaps of O’Neal’s telephone and the judge’s refusal to hand over the data from the wiretaps to O’Neal were contrary to the U.S. Constitution. To justify O’Neal’s flight and fugitive status, Magnarella explained that O’Neal fled abroad to avoid threats on his life. Magnarella described how the FBI through its COINTEL program conspired with local police to commit illegal acts designed to eliminate the Black Panther Party.

Arrest, Trial, Escape

In chapter 5 Pete O’Neal describes his arrest in Kansas City, Missouri, for allegedly violating the Federal Gun Control Act of 1968. O’Neal travels to California to seek help from Charles Gary, the Panthers’ regular defense attorney. Rather than offering to defend O’Neal, Gary tells him he could help the Party more from inside prison. Deeply disappointed, O’Neal leaves the Black Panther Party and forms the Sons of Malcolm. He is convicted in Federal District Court with attorney Austin Shute defending and Judge Arthur J. Stanley presiding. Fearing that he would be killed in prison, O’Neal flees to Sweden with his wife, Charlotte.