Co-Conspirator for Justice: The Revolutionary Life of Dr. Alan Berkman by Susan M. Reverby

Author:Susan M. Reverby [Reverby, Susan M.]
Language: eng
Format: epub
Tags: Ethnic Studies, Radicalism, Health, Biography, American, Political Ideologies, Biography & Autobiography, Social Science, Medical (Incl. Patients), African American & Black Studies, Political Science, History, Political
ISBN: 9781469656267
Google: dvXGDwAAQBAJ
Goodreads: 52711810
Publisher: UNC Press Books
Published: 2020-04-16T07:29:26+00:00

LEGAL LAND

After seemingly endless legal discussions, the defendants were ready to make a constitutional argument.93 As their lawyers had argued in their first statements, much of the first charge of the indictment was based on the evidence the government had already used against Alan, Tim Blunk, and Susan Rosenberg in their other cases.94 Rosenberg’s lawyer Mary O’Melveny and Alan thought they should raise the issue of whether reusing the evidence that three of them had already been convicted on counted as double jeopardy in cases of conspiracy, not just in individual cases, and would therefore be disallowed under the Fifth Amendment to the Constitution.95 Did the amendment apply only to individuals, or did it also apply to the group in the conspiracy as a whole? The lawyers and codefendants argued back and forth.96 If it were double jeopardy for some in the conspiracy, didn’t that extend to them all since they were liable for all the “joint” actions? The lawyers briefed the double jeopardy argument and hoped to persuade the judge.

They proved partially right. In May 1989, a year after they had first been indicted, Judge Greene determined that Alan, Susan Rosenberg, and Tim Blunk could not be part of the conspiracy because of the double jeopardy doctrine. Their charges were dismissed. The government prosecutors, however, were not willing to accept this finding and immediately appealed.97 It was not over.

Alan’s response demonstrated his continued I/we dilemma. “For a few days,” he told Steven, “it seemed like great news, a real end to the incessant trials, and as close of a guarantee as I’m going to get that I’ll walk out in four years.”98 Yet as often happens when there are multiple defendants and differing consequences for each, Alan’s initial joy turned into what he called “a real emotional roller coaster.” As he realized, “It was still a disappointment that only 3 of us had gained directly from it; there couldn’t help but be a little jealousy mixed in with the joy for those who remain and a little guilt mixed with the joy for those who were saved.” He would admit the sense that his prison years might be finite meant his “heart pounded, my breathing quickened, and my whole body trembled. … But then the adrenalin faded away and I found myself in touch with the real sadness I feel for my friends/co-defendants who face so many years inside.”

Realistically, he also knew that the government’s confidence in its ability to win on appeal meant he would not be immediately shipped back to the penitentiary at Marion. Rather, he was kept in D.C. for what the government thought would be an inevitable trial. There was still another small victory: after nearly a year the judge finally ordered that the prisoners had to receive the federal minimum of two hours a week outside. When he finally got out into the air, “it was the first time in 50 weeks, and even though it was rainy, windy, & cold, it felt great.”99

The possibility of getting out of incarceration fueled his imagination.

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.