The Case of ibn Kenyatta

During the early morning hours of January 24, 1974, ibn Kenyatta was on a subway platform in the Bronx, New York waiting for a Brooklyn-bound train to return home. He was approached by a transit officer regarding a farebeating (not paying his fare); an argument followed and escalated. The cop hit Kenyatta with his billy club. Kenyatta fought back. The cop pulled his gun and shot at Kenyatta; Kenyatta wrestled the gun away from the cop and shot back. Cops poured into the station, beat and arrested Kenyatta. Kenyatta was taken bloodied to a hospital. From there he was booked for attempted murder and possession of a weapon (the cop's gun).

Kenyatta immediately refused to cooperate with the judicial process; he was taken to court in shackles and pajamas. His supporters rallied outside with a picket line denouncing police brutality. The first trial ended in a mistrial on May 9, 1974. The jury had requested instructions on "assault" which meant they had dismissed the top indictment count of "attempted murder".

The second trial began on October 10, 1974 and went on despite glaring misprocedures such as the officer being allowed to take evidence home and minutes from the first trial not being available. On November 25, 1974 Kenyatta was sentenced (concurrent sentences): 21 years-to-life for Attempted Murder and a 7-year indeterminate term for Possession of a Weapon. Kenyatta's supporters were stunned. He had no record, was unarmed, and was defending himself against the cop.

Kenyatta began life in prison on November 26, 1974.

On May 13, 1976 by decision, the Appellate Division modified the sentence for Attempt Murder to fifteen years-to-life and otherwise affirmed the conviction.

In 1988, when called after serving his minimum sentence, Kenyatta refused to go before a parole board. His position was that he would rather stay in jail and maintain his innocence than be branded a "guilty" man freed by the prison system.

In Dec. 1994 Kenyatta became ill with a bladder problem. His requests to see a doctor went unheeded and he became progressively worse. Finally, on Dec. 21, 1994 after numerous calls to Fishkill Warden Strack by family and friends, the prison doctor was sent to examine Kenyatta and had him immediately sent to an outside hospital emergency room. Kenyatta was near renal failure; he spent almost six weeks in the hospital and he could no longer urinate on his own after that - he currently has to self-catherize several times a day. This is an irreversible medical disability. In addition, the illness so debilitated Kenyatta, that he lost his artistic drive, immediately ceasing to draw, which he had extensively done for years.

In 2000, the State of New York settled in the "failure to treat" medical lawsuit filed by Kenyatta. Although Kenyatta's unconditional release to the community was part of the settlement demand, the court would only consider the monetary aspect.

Currently, supporters are writing to New York State Attorney General Eliot Spitzer regarding unconditional release for Kenyatta. Although the New York State Governor is the only individual who can grant release, a recommendation from the Attorney General would provide critical support.

Updates:

- December 2005: Kenyatta, for reasons as yet unknown to us, has been placed in solitary confinement for six months. His access to stamps and other materials is severely limited and he is, by his own words "pacing his cell for 24 hours a day". His medical situation is serious at this time as well: the prison has stopped giving him sterile equipment with which to self catheterize, and he has thus developed a urinary tract infection. Letters of support are now needed more than ever, as well as calls to the prison. Be in touch to learn more.

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