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United States District Court Northern District Of Illinois Eastern Division

United States of America ex rel.| Judge Julius J. Hoffman | | v. > No. 69 CR 180 | Bobby G. Seale |CERTIFICATE OF CONTEMPT

In conformity with Rule 42(a) of the Federal Rules of Criminal Procedure and Title 18, United StatesCode, Section 401 I hereby certify that I saw and heard the conduct set forth below, which conduct took place in the actual presence of the Court during the trial of the case entitled United States ofAmerica v. David Dellinger, et al., 69 CR 180 which commenced on September 24, 1969, and has continued to the date of this order

I find that the acts, statements and conduct of the defendant Seale hereinafter specified, each constitute a separate contempt of this Court; that each constituted a deliberate and wilful attack upon the administration of justice in an attempt to sabotage the functioning of the Federal judicial system; that this misconduct was of so grave a character as to continually disrupt the orderly administration of justice. To maintain the dignity of the Court and to preserve order in the courtroom under these circumstances has been a task of utmost difficulty. There were accordingly repeated warnings to the defendant Seale to cease this conduct and that it would be dealt with accordingly at an appropriate time. However, his continued disruptive conduct made it necessary for this Court for the first time within the experience of this Court to physically and forcibly restrain him. These measures, however, proved insufficient. Because of the potential effect that the continuation of these activities might have had in the future on the administration of justice in this case, it is necessary that I deal with this conduct at this time. As isolated questions from or references to the transcript can give but a partial view of the act, statements and conduct referred to, I hereby make the entire record part of these proceedings.

The Court also notes that a reading of this record can not and does not reflect the true intensity and extent of the disruptions which, in some instances, were accompanied by physical violence which occurred in the presence of the Court.

Accordingly, I adjudge the defendant Bobby G. Seale guilty of the several criminal contempt described below. In citing these specific acts and statements of the defendant Seale as contemptuous, the Court has selected only the most flagrant.

I.

On Friday, September 26, 1969, during the morning session prior to the time opening statements were made, the defendant Seale addressed the Court in the following manner (Tr. 3):

“If I am consistently denied this right of legal defense counsel of my choice who is effective by the judge of this court, then I can only see the judge as a blatant racist of the United States Court—

The Court: Just a minute. Just a minute.

Mr. Seale: —with gross prejudicial error toward all defendants and myself—

The Court: Just a minute. What did you say? Read that, Miss Reporter.

Mr. Seale: I said if my constitutional rights are denied as my constitutional rights have been denied in the past in the course of the trial, et cetera, then the tenor is the act of racism, and me, a black man, there seems to be a form of prejudice against me, even to the other defendants, on the part of the judge.”

II.

During the morning session on October 14, 1969, while the Court, Mr. Schultz and Mr. Weinglass were engaged in a colloquy, the defendant Seale interrupted Mr. Weinglass and the following occurred (Tr. 2206):

“Mr. Seale: Hey, you don’t speak for me. I would like to speak on behalf of my own self and have my counsel handle my case in behalf of myself.

How come I can’t speak in behalf of myself? I am my own legal counsel. I don’t want these lawyers to represent me.

The Court: You have a lawyer of record and he has been of record here since the 24th.

Mr. Seale: I have been arguing that before that jury heard one shred of evidence. I don’t want these lawyers because I can take up my own legal defense and my lawyer is Charles Garry.

The Court: I direct you, sir, to remain quiet.

Mr. Seale: And just be railroaded?

The Court: Will you remain quiet?

Mr. Seale: I want to defend myself, do you mind, please?

The Court: Let the record show that the defendant Seale continued to speak after the court courteously requested him to remain quiet.”

III.

During the morning session on October 16, 1969, out of the presence of the jury, while the witness Oklepek was testifying, a colloquy began between the Court, a marshal and Mr. Kunstler. After a marshal explained that three spectators who were asked to leave the court had been allowed to return, the defendant Seale stated to the Court: “I think there is a bit of racism involved myself.” (Tr.2700).

IV.During the afternoon session on October 20, 1969, out of the presence of the jury, the defendant Seale presented and extensively argued a motion to be permitted to defend himself (Tr. 3121-3145).At the conclusion of the argument the jury returned to the courtroom and the following occurred (Tr.3145):

“The Court: Is there any cross examination of this witness?

Mr. Seale: I would like to say, Judge, that you denied my motion to defend myself and you know this jury is prejudiced against me.

The Court: I will ask you to sit down.

Mr. Seale: You know that; the jury can’t go home to their loved ones and their homes, and you know they have been made prejudiced against me.

The Court: Ladies and gentlemen of the jury, you are excused.”

The jury was then excused and the following occurred (Tr. 3145-3149):

“Mr. Seale: They have been made prejudiced against me, I know. I should be allowed to defend myself. I should be allowed to speak so I can defend myself.

The Marshal: Be quiet.

Mr. Seale: Don’t tell me to shut up. I got a right to speak. I need to speak to defend myself.

The Court: Mr. Seale: I must admonish you that any outburst such as you have just indulged in will be appropriately dealt with at the right time during this trial and I must order you not to do it again.

Mr. Seale: In other words, Judge—

The Court: If you do, you do it at your own risk, sir.

Mr. Seale: In other words, you are saying you are going to put me in contempt of court for speaking on behalf of myself?

The Court: I will not argue with you.

Mr. Marshal—

Mr. Seale: Is that what you are saying to me? I mean, I want to be clear.

The Court: Will you be quiet? That is all. You have lawyers to speak for you.

Mr. Seale: They don’t speak for me. I want to represent myself. Charles R. Garry is not here in my service. I have explained to you in the past what the situation was. I was put in jail and everything else. Now you are saying you are going to put me in jail, you are going to put me in jail, that’s one thing. You are going to put me in contempt of court because I am speaking in behalf of myself.

The Court: I didn’t put you there, sir.

Mr. Seale: Because I am speaking in behalf of myself, to have a right to defend myself.

The Court: Yes sir.

Mr. Schultz: If the Court please, there is one thing that has not been stated—

Mr. Seale: The jury is prejudiced against me all right and you know it because of those threatening letters. You know it, those so-called jive threatening letters, and you know it’s a lie. Now how can that jury give me a fair trial?

The Court: Mr. Marshal, will you go to that man and ask him to be quiet?

Mr. Seale: I will speak for myself. They can speak on behalf of myself. I still want to defend myself, and I know I have a right. I just want to let him know. That racist, that fascist. You know, the black man tries to get a fair trial in this country. The United States Government, huh. Nixon and the rest of them. Go ahead and continue. I’ll watch and get railroaded.

Mr. Schultz: If the Court please, there is one thing that has not been placed on the record, the fact that since the trial began—in fact, I think since September 24th, so far as I know—and I think this is a hundred per cent accurate—whenever the defendants have wanted to meet with Mr. Seale and the lawyers, the marshals have made arrangements to bring them to a room where all of them could get together, where Mr. Seale and the defendants and the lawyers have all met and consulted at every occasion that they have so requested. It has been done on a regular basis since the trial did begin.I just thought that should be on the record and if there is any statement by defense counsel to the contrary, since I am not at the meetings and I don’t know how many times they have asked the marshals to meet, I think they should so state now.

Mr. Seale: I would like to put something on the record. You weren’t in that room unless you got a tape recorder in there and—

The Marshal: I am asking you to keep quiet.

Mr. Seale: That man is lying on me.

The Marshal: All right.

Mr. Seale: I met with these defendants and argued with these so-called cats about so-called defending me. I want that for the record, too.”

V.

During the morning session on October 22, 1969, while argument on a motion of William Kunstler for leave to withdraw as counsel for defendant Seale, the following occurred in open court (Tr.3534-3536):

“Mr. Seale: Can I speak on that and answer his argument?

The Court: No. This is not your motion, sir. Your motion has been decided.

Mr. Seale: In other words, I can’t speak in behalf of myself?

The Court: Not at this time, sir.

Mr. Seale: Why not?

The Court: Because this is your lawyer’s motion.

Mr. Seale: That ain’t my lawyer.

The Court: This is not your motion. This is the motion of Mr. William Kunstler for leave to withdraw as your lawyer.

Mr. Seale: Well, this man has misconstrued a whole lot of things concerning my right to defend myself and he knows he did.

They can jack you up and get you to sit up there and say rotten, crazy stuff concerning my right to defend myself.

The Court: I would request the marshal to ask the young man to sit down.

Mr. Seale: Well, I want my right to defend myself and this man knew, I indicated to him he was not my counsel at the very beginning when I first got here and arrived here and was in jail.

The Court: That motion—since you will not listen to the Court, you may sit down.

Have him sit down, Mr. Marshal.

Mr. Seale: I still want my right to defend myself. A railroad operation, and you know it, from Nixon on down. They got you running around here violating my constitutional rights.”

VI.

During the morning session on October 22, 1969, in the presence of the jury after the witness Carcerano had been excused, the Government attempted to offer Government’s Exhibit 14 into evidence and the following occurred (T. R. 3599-3601):

“Mr. Schultz: That’s the number, your Honor. We would like to offer it at this time so that before the next witness takes the stand—

The Court: Show it to counsel.

Mr. Seale: That’s not a black power sign. Somebody correct the Court on that. It’s not the black power sign. It’s the power to the people sign.

The Court: Mr. Marshal, will you stop the talking, please.

Mr. Seale: Yes, but that is still wrong, Judge Hoffman. It’s not a black power sign. It’s a power to the people sign, and he is deliberately distorting that, and that’s a racist technique.

Mr. Schultz: If the Court please, this man has repeatedly called me a racist—

Mr. Seale: Yes, you are. You are, Dick Schultz.

Mr. Schultz: And called Mr. Foran a racist—

The Court: Ladies and gentlemen of the jury, I will ask you to leave the court. Mr. Marshal, remove the ladies and gentlemen of the jury.”

The jury was then asked to leave the courtroom and the following occurred:

“The Court: Mr. Seale and Mr. Kunstler, your lawyer, I must admonish you that such outbursts are considered by the court to be contemptuous, contumacious, and will be dealt with appropriately in thefuture.

Mr. Kunstler: Your Honor, the defendant was trying to defend himself, and I have already indicated my—

The Court: The defendant was not defending himself.

Mr. Seale: I was too, defending myself. Any time anybody gives me the wrong symbol in this courtroom is deliberately—

The Court: He is not addressing me with authority—

Mr. Seale: —distorting, and put it on the record.

The Court: Instruct that man to keep quiet.

Mr. Seale: I want to defend myself and ask him if he isn’t lying, and he is going to put that lying crap on the record? No siree—I am not going to sit here and get that on the record. I am going to at least get it be known—request that you understand that this man is erroneously representing symbolsrelated to the party of which I am chairman.”

VII.

During the afternoon session on October 22, 1969, the Court informed the defendant Seale that theCourt would supervise the decorum of the courtroom and the following occurred in open court (Tr.3641-3642):

“Mr. Seale: They don’t take orders from racist judges, but I can convey the orders for them and they will follow them.

The Court: If you continue with that sort of thing, you may expect to be punished for it. I warned you right through this trial and I warn you again, sir.

Bring in the jury.

Mr. Seale: We protested our rights for four hundred years and we have been shot and killed and murdered and brutalized and oppressed for four hundred years because of—

The Court: There is another instance, that outburst may appear of record and it does.

Did you get it, Miss Reporter?

The Reporter: Yes, sir.Mr. Seale: I hope you got my part for the record, too, concerning that. Did you get that, ma’am?

The Reporter: Yes, sir.

Mr. Seale: Thank you.

The Court: And that outburst also.

Mr. Dellinger: I think you should under stand we support Bobby Seale in this— at least I do.

The Court: I haven’t asked you for any advice here, sir.

Mr. Seale: If you let me defend myself, you could instruct me on the proceedings that I can act, but I have to just—

The Court: You will have to be quiet.

Mr. Seale: All I have to do is clear the record. I want to defend myself in behalf of my constitutional rights.

The Court: Let the record show that the defendant Seale has refused to be quiet in the face of the admonition and direction of the court.

Mr. Seale: Let the record show that Bobby Seale speaks out in behalf of his constitutional rights, his right to defend himself, his right to speak in behalf of himself in this courtroom.

The Court: Again let the record show that he has disobeyed the order of the court.Bring in the jury, Mr. Marshal.

Mr. Seale: Please do.”

VIII.

At the opening of the morning session on October 27, 1969, the following occurred in open court (Tr.4217-4222):

“The Court: Ladies and gentlemen of the jury, good morning.

Mr. Seale: Good morning, ladies and gentlemen of the jury.

As I said before, I hope you don’t blame me for anything.

The Court: Mr. Marshal, will you tell that man to sit down.The Marshal: Take a seat, Mr. Seale.Mr. Seale: I know—The Court: Mr. Marshal, I think Mr. Seale is saying something there.Mr. Seale: I know I am saying something. You know I am getting ready to speak out in behalf of myconstitutional rights again, don’t you?The Court: I will ask you to sit down, sir.The Marshal: Sit down.Mr. Seale: You also know I am speaking out for the right to defend myself again, don’t you, because Ihave that right as a defendant, don’t I?The Court: I will have to ask you to sit down, sir.Mr. Seale: You know what I am going to say, don’t you?The Court: No, I don’t.Mr. Seale: Well, I said it before.The Court: I don’t know what you are going to say and you have a very competent lawyer of recordhere.Mr. Seale: He is not my lawyer and you know I fired him before that jury was even picked and puttogether.The Court: Will you ask him to sit down, Mr. Marshal?The Marshal: Sit down, Mr. Seale.Mr. Seale: What about my constitutional right to defend myself and have my lawyer?The Court: Your constitutional rights—