Happy Holidays from the Kunstler Fund

December 2004


Dear Friends,


Thank you for your continued support of the William Moses Kunstler Fund for Racial Justice. It is with great pleasure that we give you a report on our work and accomplishments over the past year.

The Rockefeller Drug Law Project

Since May 8, 1998, the Kunstler Fund has been fostering a network of prisoners, their families and supporters to fight against New York’s extraordinarily punitive mandatory sentencing laws. During the past year, Martha Weatherspoon, a 76-year-old grandmother and first-time non-violent offender was freed five years early from a 20-year-to-life sentence as were Melba Padilla, Kevin Muscoriel, Maritza Santos, Ron Gantt, and Cheri Gallipoli and scores of other non-violent first-time low-level drug offenders sentenced to life terms under the Rockefeller laws. The Kunstler Fund brought public and media attention to all their stories.
As we sat down to write this letter, the Rockefeller Drug Laws were finally modified after after 8 years of unrelenting grassroots organizing and advocacy by the Kunstler Fund. Hundreds of prisoners connected to the Fund will be rejoining their families.

What the new law provides:

The bill passed in Albany will bring relief to thousands of people imprisoned or who will be imprisoned under New York's drug laws. The bill both reduces sentences for some drug offenders and increases the quantity thresholds required to kick in tougher sentences. Under the Rockefeller laws, Class A-1 felons faced 15-to-life; now they will face 8-to-20. Weight thresholds for heroin, cocaine, and other hard drugs have doubled from four ounces to eight ounces to trigger a Class A-1 charge and two ounces to four ounces to trigger a Class A-II charge. The bill also provides for persons currently serving the longest sentences to ask for court hearings to seek sentence reductions in line with the new sentences.

These changes are a victory. But real Rockefeller Reform will mean more judicial discretion, sentencing reform, retroactivity – the ability to apply these changes to those who have already been sentenced – and drug treatment.

Madres of Argentina Join Our Struggle

In February of this year, a delegation from the Kunstler Fund and the Mothers of the NY Disappeared traveled to Argentina to pay tribute to the Madres de Plaza de Mayo. It was a momentous and inspirational trip uniting two organizations in the struggle for human rights. In April, a delegation from the Madres visited the Kunstler Fund in New York.Their visit reinvigorated the Rockefeller reform movement. After the Madres met with Manhattan District Attorney Robert Morgenthau, State Assembly Speaker Sheldon Silver and Senate leader Joe Bruno, the state senate passed a unanimous resolution honoring them. Margarita
Lopez held hearings at City Hall with the Madres, the Kunstler Fund and the Mothers of the NY Disappeared. After their 10-day trip to New York, Senator Bruno called for a committee on the Rockefeller laws. It was the work of that committee that resulted in last week’s reductions in sentences.

The Tulia, Texas Project

Since September of 2000, the Kunstler Fund has worked to bring national media attention
to the story of a racist drug bust in Tulia that imprisoned over 15% of the African American community. In January 2005, Tom Coleman, the undercover agent responsible for the arrests, will go on trial for perjury. He is charged with lying on the witness stand during the trials of the drug bust defendants. The Kunstler Fund will be there for the latest chapter in this struggle for justice.

Ryan Matthews’ Fight for Justice

For two years, the Kunstler Fund has been working to bring public attention to the
case of Ryan Matthews, a mentally-retarded African American teenager who was sentenced to death for a crime he did not commit. Ryan was finally exonerated this past August and has returned home to his family. Emily Kunstler and Sarah Kunstler are at work on a documentary about his fight for life and freedom. Emily and Sarah’s last death penalty video, “A Pattern of Exclusion: The Trial of Thomas Miller-El.,” was instrumental in bringing attention to a pattern of racism in jury selection in Dallas, Texas. Mr. Miller-El has been on death row for nearly 20 years. His case was recently argued before the U.S. Supreme Court for the second time.

* * *

Please help us to continue our work. It is your support that makes our victories possible. You can donate by credit card on our website, http://www.kunstler.org/donate.html, or by check. Please make checks payable to the William Moses Kunstler Fund for Racial Justice, and mail to the Kunstler Fund at 13 Gay Street, New York, NY 10014. Thank you for your continued interest and support.


Warmest regards,

Margaret Ratner Kunstler
President

"Contributions to the WMK Fund are tax-deductible under Section
501 (c) (3) of the Internal Revue Code. A copy of the Fund's
annual report is filed with the Attorney General and a copy is
available either from the Fund or the Attorney General's Charities
Bureau, 120 Broadway, New York, NY 10272."

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