Alton H. Maddox, Jr. Te
The Honorable Andrew M. Cuomo
Governor of New York State
NYS State Capitol Building
Albany, NY 12224
Re: “Taxation without Representation”
Dear Gov. Cuomo:
In March 2014, New York State alleged that I was a judgment debtor absent any semblance of due process. Therefore, I have lost my constitutional privilege to travel. Because I am subject to legal rules and not legal concepts, I have never enjoyed a constitutional right to travel. Taxation without representation or taxation without income is also illegal in the United States “except for Blacks.”
My plight emulates the plight of Paul Robeson who was also punished for “speaking truth to power.” He was unable to use his passport from 1950 to 1958. He was also a resident of New York. When Moses told Pharaoh to “let my people go,” he was invoking the right to travel. Article 42 of the MagnaCarta also acknowledges the “right to travel.
The claim that I am indebted to New York is bogus. New York seems to be unable to distinguish a judgment creditor from a judgment debtor. A debt arises from accounting principles. It does not arise from propaganda. New York also has to pay for legal services rendered by a private attorney general to Blacks in New York. These Blacks are governed byDred Scott. Your view on Dred Scott will be especially important in 2014.
It could be argued that my plight is somewhat different from the plight of Paul Robeson. I am being punished for also violating the Compromise of 1877 which called for no constitutional protection for descendants of enslaved Africans including the right to equal protection of the laws. Gov. Samuel Tilden of New York and President Rutherford B. Hayes reached this unconstitutional Compromise of 1877.
Even before the Compromise of 1877, New York had always been a hostile workplacefor Black attorneys. New York’s first Black attorney, George Boyer Vashon, had to work in a hostile workplace. Aaron Alpeoria Bradley was disbarred in New York in the 1850’s for his commitment to his race. President Johnson imprisoned him in Georgia for demanding reparations. Rufus Lewis Milford Hope Perry was disbarred but Blacks vociferously demanded his reinstatement in 1927 but after he had embraced the Jewish faith.
Countless activists including the late Judge Bruce Wright, the late Dr. William A. Jones, the late attorney Louis Clayton Jones, attorney C. Vernon Mason, Betty Dopson, the late Rev. Saul Williams, Min. Louis Farrakhan, the late Khallid Muhammad, the late Wilbert Tatum, Dick Gregory, Rev. Herbert Daughtry, the late Ossie Davis, the late John O. Killens, the late Kwame Ture, the late Dr. Amos Wilson, Jamil Abdul Al-Amin, Mumia Abu-Jamal, Rev. Al Sharpton, the late Sonny Carson, the late Jitu Weusi, attorney Joseph Mack, Charles Barron, Rev. Herbert Oliver, the late Preston Wilcox, the late Rev. Timothy Mitchell, Dr. James McIntosh, Dr. Leonard Jeffries, the late Dr. Charhsee McIntyre, Dr. Calvin Butts, Assata Shakur and the late Dr. John Henrik Clarke believed that New York, in the 1980’s, was not only racist but also morally bankrupt.
For example, Gov. Mario Cuomo was outraged over Sharpton leading the “Day of Outrage” in proximity to the Howard Beach trial in December 1987. Gov. Cuomo noted that Sharpton’s “big fat black ass should have landed on the third rail.” This would have been an Eighth “Amendment violation for exercisingpreferred rights under the First Amendment.
Within eighteen months, Sharpton would be indicted on 67 counts in Manhattan Supreme Court and three counts in Albany County Court. Sharpton was lucky to have found pro bonocounsel and an experienced trial lawyer. It is not easy for an unpopular defendant to find competent pro bono counsel.
The split trials were a trap especially when Judge John Turner of Albany County Court had allowed a dog in February 1990, to testify against a Black defendant accused of burglary in front of an all-white jury. It was the first trial in which I witnessed a dog testifying against a Black defendant.
New York subpoenaed Don King to testify at trial against Sharpton. King’s accountant complied. New York subpoenaed the late Michael Jackson to testify against Sharpton at trial. Jackson’s accountant complied. New York subpoenaed the late James Brown to testify before a grand jury in Albany County. I have been informed and verily believe that he appeared before the grand jury.
People v. Sharpton was also about organized crime. New York State Attorney General Robert Abrams was the chief prosecutor in Sharpton. I alleged in motion papers in June 1990 that Abrams and Mayor David N. Dinkins were connected with organized crime. Over opposing papers, Justice Joan Carey granted my motion for them to testify in People v. Sharpton.
On the day of his arraignment in People v. Sharpton in Manhattan Supreme Court,Sharpton called me. The late Jack Newfield, a journalist, a critic of Don King and an ally of Gov. Mario Cuomo, had previously alerted Sharpton that law enforcement agents would be arresting him later that day. This meant that Newfield had been working with Abrams. The grand jury proceeding was supposed to be secret and off-limits to Newfield who favored Bob Arum over Don King.
I realized that morning that People v. Sharpton had more to do with Don King than it had to do with Sharpton. The federal government was on King like “white on rice.” Given Sharpton’s history of being a switch-hitter, his loyalty to King was questionable. Everyone knew that I was the only attorney who could save his liberty.
Mike Taibbi was a reporter with local WCBS-TV during the height of the Brawleystruggle. He interviewed two men who owned a restaurant in Dutchess County. Apparently, Pagones was in charge of liquor licenses in the district attorney’s office. He allegedly wanted a “cut” of the restaurant’s action.
Pagones was supposed to be a target of a grand jury investigation in White Plains. New York’s state attorney general hired Pagones as an assistant attorney general. Mike Taibbi went from singing bass to singing soprano. The office of state attorney general had to have known of the grand jury investigation before it hired Pagones.
Edwin Garcia, a former member of law enforcement, was a close ally of Pagones. He was not with Pagones the night that Pagones raped Tawana but he had some relevant and credible information, nonetheless. I traveled to Clinton Correctional Facility which is situated near the Canadian border. I found out that Garcia’s testimony would “finger” Pagones as a “rapist” and as a “foot soldier” in organized crime.
Although I made a substantial offer of proof concerning the admissibility and relevancy of Mr. Garcia’s testimony, Justice S. Barrett Hickman was of the view that this testimony, in the defamation trial, would prejudice Pagones before the jury. In order for Pagones to receive a fair trial, the jury, according to Justice Hickman, should not hear this damaging testimony. The revealing transcript was sealed.
Given the well-established axiom that “birds of a feather flock together,” it is reasonable to infer that Tawana Brawley’s rapists were not only members of law enforcement but that they were also members of organized crime. If the MorelandCommission had been allowed to survive, I am certain that it would have seen the fingerprints of organized crime on the tentacles of state government.
For some inexplicable reason, Abrams lied about P.O. Harry Crist’s manner of death. Tawana had fingered Crist as one of the rapists. He and Pagones were also targets of a Dutchess County grand jury investigation concerning the claims of Tawana Brawley especially since, before Tawana was found, he knew of the condition of her body. This information was only available to the rapist.
Even though Abrams also knew that Crist had been murdered, he insisted that Crist had committed suicide. A prosecutor had no jurisdiction over a suicide. He also filed false charges against me with the Brooklyn disciplinary committee. This is called obstruction of justice. Abrams was on an assignment.
I had always maintained that Crist had been murdered. There was no suicide note and no smoking gun according to the pathologist. Obviously, Abrams was running interference for the murderers. A grand jury is concerned about living suspects. In New York, there is no statute of limitations for the murder of P.O. Harry Crist. His death is now in the cold case file.
A finding of suicide would help the murderers. I was used as a distraction to insulate the murderers from criminal prosecutions. I have acquired evidence which should expose the murderers to criminal culpability and mount a vigorous, criminal prosecution. This evidence is of no interest to New York, however.
At the trial for defamation and intentional infliction of emotional distress, Justice Hickman ruled that “naked hearsay” was sufficient to establish prima facie cases for those torts. He also instructed the jury that truth is not a defense for defamation. He repeated this jury instruction throughout the trial. This would have been an appropriate jury instruction for sedition.
If a trial judge could use these irregular instructions and procedures against Maddox, Mason and Sharpton, it does not take a rocket scientist to figure out what is going on in a case with an ordinary defendant. Given the well-documented history of racism in the criminal justice system, you have the responsibility to appoint a special prosecutor and a special grand jury to investigate New York’s criminal justice system.
Brooklyn District Attorney Ken Thompson is already re-examining the files of his predecessor. No reason exists to believe that miscarriages of justice were only happening in Kings County. There are sixty-two counties in New York State and five counties in New York City. It is better to acquit a guilty defendant than to convict an innocent one.
In 1991, a blue-ribbon commission, appointed by Chief Judge Sol Wachtler of the New York Court of Appeals, studied and found that New York’s judicial system was “infested with racism.” This was a serious charge but Gov. Mario Cuomo refused to address it. I was the chief critic of New York’s judicial system in the 1980’s.
The New York State Court Officer’s Association unsuccessfully sued me for defamation. It filed a naked, disciplinary complaint against me which led to a “censure” without any semblance of due process of law. This “Association” also filed a complaint against me with the New York Legislature. In 1976, I had successfully challenged segregated courtrooms in New York. The U.S. Supreme Court had banned them in April 1963.
Segregation, in New York courtrooms consisted of according preferential treatment to white attorneys. Black attorneys were banned from the front rows of court benches. White court officers routinely and repeatedly treated Black attorneys with disrespect. To end this unconstitutional practice, I had to conduct a one-person protest which angered the law enforcement community. The word went out against me and spread like wildfire.
In addition to activists and the blue-ribbon commission, clients also believed that New York’s judicial system was “infested with racism.” Charles Hamilton Houston said that Black lawyers had to be in the vanguard of the legal revolution including the elimination of racism in the judicial system as is also required by the Code of Professional Responsibility. Any Black lawyer who is not a “social engineer” is a “social parasite.”
In matters of racial violence, I became aprivate attorney general. Blacks did not need another private attorney in New York. I refused to accept compensation from clients and from all taxpayers. It is the responsibility of New York State to accord to all persons the “equal protections of the laws.” New York State has been a repeat offender and its chief executive officers have repeatedly reneged on their constitutional oaths with impunity.
The following is a list of persons who expressed a lack of confidence in New York’s judicial system and insisted that I represent them. They included the estate of Michael Stewart, the estate of Michael Griffith, the estate of Yusuf Hawkins, the estate of Gavin Cato and Tawana Brawley. I was barred from representing Tawana Brawley on February 28, 1989. These clients were not interested in “hush money” from ambulance chasers.
The death of Michael Griffith caused the state to appoint the first special prosecutor in a racially-motivated case. The death of Yusuf Hawkins resulted in a conviction and the longest sentence in New York in a racially-motivated case. Tawana Brawley is still fighting a defective, default judgment created by New York State. The estate of Gavin Cato was unable to retain counsel. I went to Israel to effect service of process. I was the only attorney willing to sue the Lubavitch Grand Rabbi but I had been banned from all courtrooms in 1990.
I did not receive a dime from any of these cases. The office of New York State Attorney General should have been on the frontline of representing the victims in all of them. Instead, it was aiding and abetting, the perpetrators who were white and racist. Blacks were unable to enjoy the “equal protection of the laws.”
Other persons insisted that I represent them because they not only believed that the judicial system was racist but the prosecutors as well. Counsel was unavailable to them. They included but were not limited to Al Sharpton, Anthony Davis, Steve Bowman, Andre Nichols, Jonah Perry, the late Chokwe Lumumba, Michael Briscoe of the “Central Park 7”, Willie Bosket and Sam Brown. These were pro bono cases.
There were also public interest cases. They included Jones v. Koch (Schools Chancellor); Rodgers v. New York Public Library (Schomburg Center for Research in Black Culture) and the African Burial Ground. Mayor David N. Dinkins had prematurely raised the white flag on the African Burial Ground. I stepped in to let the bones of our revered ancestry rest in peace. This was my most important case. Their African descendants are still entitled to reparations from New York State under Dutch law.
In 1980, I was pro bono attorney for the Coalition for Community Empowerment, a political organization based in Brooklyn. Among other things, it supported the candidacy of Gov. Mario Cuomo who would have never defeated the late Mayor Ed Koch without the substantial support of Black voters throughout New York City and New York State.
For my role in this gubernatorial campaign, former Assemb. Roger Green offered me a sinecure as general counsel for a medical board. I declined the offer. Instead, I asked for his support and the support of the “Coalition” in establishing a public interest law firm at Medgar Evers College in Brooklyn. This happened. I had envisioned a law school at Medgar Evers College. This is a work in progress
New York imported its Juvenile Offender Law from apartheid South Africa. Children were already being prosecuted as adults without the benefit of due process of law in New York. It worsened in or about 1978 with this Draconian law on the books in New York. They could be arbitrarily transferred to adult courts on the basis of race. I sued because New York was not allowing its juvenile offenders the opportunity to enroll in college. This lawsuit was successful.
I was a petitioner for the 1983 Congressional Hearings on Police Brutality. The history of the New York Police Department with respect to police-sanctioned murders and abuses are well-known. Since I was banned from the practice of law in 1990, these abuses have escalated. Instead of a recommended inspector general, the NYPD should be placed in receivership.
Michael Vick of the New York Jets was vigorously prosecuted for abusing dogs but the NYPD stooped to a low level with state-sanctioned killings of persons of African ancestry. The classic examples are Amadou Diallo (41 shots) and Sean Bell (50 shots). Diallo’s assassins were acquitted by a state-sanctioned jury in Albany, NY and Bell’s assassins were acquitted by a state-approved judge in Queens, NY. Police officers would have gone to prison for killing dogs in a like manner.
Even though these assassinations should have been of public concern, Black selected officials kept their noses clean and for good reason. New York will refuse to compensate them for effectively and competently representing Blacks. This means that Blacks have no political representation. Black presence falls far short of Black representation.
Soon before I arrived in New York and in April 1973, Thomas Shea, a veteran police officer, observed Clifford Glover, ten years old, acting innocently and for no reason, he fatally shot him in the back. New York judges systematically employ the slave codes to explain the rights of a Black man. See, for example, People v. John White in Suffolk County Court.
John White had a lawful reason to kill a white man who was not only a member of a lynch mob but who was also threatening to rape White’s wife and murder his family. An intermediate appellate court in Brooklyn ruled that White and his family should have run for the tall grass to avoid the trespassers after dialing 911.
In New York, whites enjoy legal concepts and Blacks suffer legal rules. White was sentenced to state prison. Gov. David Paterson only commuted the sentence. The case of John White begs for a pardon. “An injustice anywhere,” according to Dr. Martin L. King, Jr., “is a threat to justice everywhere.”
Mayor Michael Bloomberg was able to terrorize the Black community with executive immunity through his misapplication of Penal Law § 140.50 (“stop, question and frisk”). Even though your office enjoyed the constitutional and statutory authority to remove a rogue mayor, it stood quietly by and allowed him to terrorize the Black community.
I was the sole investor in the Freedom Party in 2010. Councilman Charles Barron wrote an op ed piece in the New York Amsterdam News in June 2010 accusing you, in effect, of being a racist for lack of diversity in your gubernatorial administration. This accusation will come back to bite you in 2014.
New York State ended up robbing the Freedom Party in 2010. It should be given retrospective and automatic ballot status. NYC Councilman Barron headed the ticket. My substantial investment as the sole investor in the Freedom Party went up in smoke without any semblance of compensation.
The Freedom Party, which is Black-led and Black-financed, was founded in 1994. Mayor Rudolph Giuliani and Raymond Harding of the Liberal Party successfully challenged the signatures of the independent nominating petitions of the Freedom Party. The Freedom Party arose out of the United African Party. Both saw the need for Black, political representation.
To get on the gubernatorial ballot New York requires 15,000 valid signatures from half of its Congressional districts. In 1994, the Libertarian Party collected only 13, 000 signatures while the Freedom Party collected more than 18,000 signatures. The Libertarian Party was accorded automatic, ballot status while, in a separate forum, the Freedom Party was denied automatic, ballot access.
The testimony in Albany Federal Court revealed that the policy of New York State was to discriminate against Black voters and Black gubernatorial candidates. I heard this disturbing testimony personally. New York has the same mentality that the elected officials of Selma, AL had on “Bloody Sunday,” March 7, 1965. This was the 108th anniversary of the U.S. Supreme Court decision in Dred Scott.
In 2010, the Freedom Party collected 45,000 valid signatures from throughout New York State. This was no small feat. It is highly unlikely that a political party that had collected 45,000 signatures on independent nominating petitions in August 2010 would not be able to attract 50,000 voters in November 2010. This was unprecedented.
The New York State Board of Election announced that the Freedom Party only attracted fewer than 25,000 voters after it had inexplicably lost 190,000 votes. There was never an accounting. This is a statistical improbability. The New York Legislature found that 15,000 valid signatures on independent nominating petitions in August 2010 would presumably compute to 50,000 votes in November 2010.
In the “Central Park 7″, New York banned or disbarred three Black lawyers. –Robert Burns, Alton Maddox and Colin Moore– for representing three, innocent Black boys accused of raping a white woman. For a minor role in the defense of the “Central Park 7”, attorney Joseph Mack was suspended from the practice of law.
Amid the trial of People v. Bowman, Irene Cornel of WABC-AM had interrupted my cross-examination of Marla Hanson. She insisted that someone had to stop this “black gorilla” from cross-examining this white woman. In response, I stated, “I am the ringmaster and this is my circus.” Obviously Ms. Cornel was hallucinating about and revisiting “King Kong.”
New York takes a hostile attitude towards a Black attorney representing a Black defendant against a white, female victim. I was involved in the Marla Hanson case. Mayor Edward Koch was incensed that I had protected my client’s Sixth Amendment rights. He demanded that Presiding Judge Jeffrey Atlas apologize to Marla Hanson on television. He complied instead of facing the music.
I had to forfeit my legal career as a private attorney and to earn a living in order for Blacks to enjoy some semblance of equal protection of the laws. This was a substantial sacrifice for me. I was a perennial, private attorney general. New York owes me attorney fees. My name is not “Joe Louis” and I have no intention of suffering double taxation or sanctioning slavery.
Descendants of enslaved Africans, in New York, are unable to bargain or demand aquid pro quo. New York State operates like the Los Angeles Clippers. In this relationship, however, I am the judgment creditor. Hopefully, you will work to immediately ban racism in the judiciary from May 21, 2014. Wrongful convictions in New York are mounting.
After Bush v. Gore, counsel for Bush 43 successfully represented an Illinois inmate for a wrongful conviction. He established compensation of one million dollars for every year of the inmate’s incarceration. Using that standard, I am entitled to $3 million for every year that I have been banned from courtrooms because of a bill of attainder. No client ever filed a complaint against me and I was never convicted of a crime. On May 21, 2014, this would amount to $72 million dollars.
For starters and for New York to satisfy its obligation to me, it should arrange to give the Slave Theater on Fulton Street in Brooklyn to Blacks after it has been completely refurbished. The balance of the compensation including my role as a private attorney generalshould be non-negotiable.
New York should be exposed to treble damages for its indifference to Blacks for the past forty years at the very least. Blacks have suffered harsh and unconscionable treatment. The compensation for the African Burial Ground should be for one trillion dollars. A trust fund should be established for Blacks.
It should be noted that I was the best trial lawyer in New York State –bar none. If I had represented clients as a private attorney, I would have been entitled to $1,000.00 per hour. On Mother’s Day 1987, the Washington Postdubbed me as “Mr. Civil Rights in the Courtroom.”
After the acquittal in People v. Andre Nichols, the late William Kunstler wrote me a letter which stated that I was the only attorney in New York who could have received an acquittal in this controversial trial for an unpopular defendant. See also Charles Hynes’Howard Beach.
My last job in New York as a poverty lawyer or a public interest lawyer was in 1983. Since that time, I have had to be the private attorney general for Blacks. Any retaliation on my privilege to travel must end forthwith. Have Politics will Travel in 2014. Blacks in New York must seize political representation.
The Freedom Party intends on mounting a vigorous, gubernatorial bid in 2014. Travel must immediately occur throughout the state. I should be travelling to Atlanta, GA this week, May 21, 2010, for a well-deserved tribute. Otherwise, you should subpoena me for court no later than July 1, 2014. I have too much work to do for Blacks and I will not allow New York State to interfere with it.
cc: Hon. Jonathan Lippman