Who is ibn Kenyatta?
ibn Kenyatta is a New York State prisoner, incarcerated since 1974, convicted of attempted murder of a NYC transit cop.

Did he have a prior record?
No, ibn Kenyatta lived in Crown Heights, Brooklyn. He was a young, struggling artist and writer. He was on his way home from the Bronx when the subway fare dispute occurred. He was unarmed.

Why did he have two trials?
The first trial ended in a hung jury. His lawyer believed the second trial would have also ended in a hung jury if the Judge had not ordered the jury to continue deliberations. Trial transcript indicated the jury wanted to dismiss the "Attempted Murder" charge and consider some form of assault. (The transit officer was not seriously wounded.)

What kind of "institutional record" does Kenyatta have?
He has been an "exemplary" prisoner; African History Instructor, Assistant to the Art Instructor, prolific artist, poet, and essayist.

Why is he refusing parole?
Parole requires an admission of guilt. Kenyatta has consistently proclaimed his innocence and consistently refused to appear before the parole board. (He did appear in 1999 and attempted to read his statement explaining his position, but the parole commissioners would not hear it.)

Why can't he just say he's guilty and come out on parole?
Kenyatta believes the transit cop, who had four weapons, would have killed him had he not fought back. He believes he is innocent of the charge because he had to defend himself. Therefore, as a matter of conscience, he cannot and will not go before the parole board and say he's guilty.

Isn't parole better than prison?
First, there's no guarantee that even if Kenyatta went before the board, he would be granted parole. Under the Pataki administration, lifers or anyone convicted of a violent crime are routinely denied parole. Secondly, in order to come out on parole, a prisoner has to sign an agreement that is actually a continuation of his/her prison sentence. Third, Kenyatta is not willing to be supervised by state parole officers. He is willing to be supervised by responsible members of the community from which he came.

What is Kenyatta's disability?
In early December 1994 Kenyatta was ill with a bladder/kidney infection but was not seen by the prison doctor until after we - his family and friends - had bombarded the prison superintendent with phone calls and letters. By the time the prison doctor saw him for the first time on Dec. 21st, Kenyatta was near death from renal failure and was immediately sent to the Emergency Room at an outside hospital. As a result of the lack of medical care at the prison, he cannot urinate on his own and has to self catheterize four to six times each day.

If the prison or state caused his disability, isn't that a lawsuit?
Yes, Kenyatta's lawsuit was filed by Attorney Lennox Hinds in Federal Court and settled by the Office of the Attorney General for the Department of Correctional Services.

Was Kenyatta's unconditional release part of the lawsuit?
Yes, and although the lawsuit was presented from two perspectives: 1) monetary and 2) non-monetary, the Judge stated that the court would only be concerned with the monetary aspect and that the non-monetary or unconditional release issue is a "political issue".

Who can grant Kenyatta unconditional release?
The Governor of the State of New York has the power to grant different forms of release. (Note: the Governor recently granted clemency to several prisoners; clemency, however, is parole). The Attorney General, as the state's highest law enforcement officer, has the power to make a recommendation to the governor. The Attorney General represented the state in the monetary negotiations; the Attorney General can represent the state in the non-monetary negotiations by recommending Kenyatta's release.

Why should Kenyatta be released?
Kenyatta should be released on humanitarian grounds. He has spent 26 years, half his lifetime, in prison. He is permanently disabled as a result of lack of medical care. He has suffered and continues to suffer physically and emotionally. He is willing to be supervised by the community. Community residents have indicated their willingness to assist financially, emotionally, and spiritually in his readjustment.

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