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Monday, April 26, 2002

The Trials of Jamil Abdullah Al-Amin

H. Rap Brown: “The black militant from hell,” according to civil rights worker Ekwueme Michael Thelwell, writing in The Nation, “the Negro America loved to hate.”

Jamil Abdullah Al-Amin: A Muslim convert who, according to Thelwell, “embarked on a life of rigorous study and spiritual and moral inquiry with the same single-minded intensity and uncompromising commitment Rap had brought to militant social struggle.”

Brown and Al-Amin: One and the same man. The two personae converged in an Atlanta courtroom this year, where Al-Amin was tried and convicted of murdering a sheriff’s deputy.

In this issue, Jenny Brown concludes her in-depth look at Al-Amin’s trial and its context. Part 1 appeared in the April 19 issue of the Call.

A wrenching trial full of conflicting evidence (Part 2)

1960s black militant, now Muslim leader, sentenced to life in prison in cop-shooting charge

By Jenny Brown

Al Amin also became a significant advocate for unity among Muslims, leading a council of 35 mosques, leading successful efforts to unify this group with other Muslim organizations, and serving on the board of the American Muslim Council, which advocates for Muslim civil rights.

But it’s unclear whether it is this current work or his earlier Black Power reputation that have led to the non-stop police investigations. For example, Al-Amin was arrested after the 1993 bombing of the World Trade Center. Al-Amin’s brother, Ed Brown, explained the pattern for a recent Nation article, “Something happens. Say the first attempt to bomb the World Trade Center, right? They feed their infallible profile into their computer. Muslim … radical … violent … anti-American, whatever, who knows. Anyway, boom, out spits the names, H. Rap Brown prominent among them. Next thing the Feds come storming into the community and haul Jamil in. This actually happened. Of course it’s stupid. And every time they have to let him go. But how do you stop it? A goddam nightmare, they never quit.”9

Police said that members of a Dar-ul mosque had received the same training as suspects in that World Trade Center bombing. Therefore, since Al-Amin is a leader in the Dar-ul Islam movement (House of Islam movement), he was suspect. But they found no evidence and he was released.

In 1994 two men from Atlanta were convicted of gunrunning, along with nine men in New York. Police listed one of the men as a member of “Al-Amin’s inner circle,” and the FBI said that the gun shipments originated at the Al-Fajr Trading Co., located next door to Al-Amin’s grocery store in the West End neighborhood. Al-Amin was never charged with anything in this case, either.

In 1995 Al-Amin was arrested again, this time as a suspect in the shooting of a young man near his store. The imam was driving his son to school when he was arrested, a month after the shooting. According to a factsheet prepared by Al-Amin’s supporters, “The police interrogated his seven-year-old son for six hours before notifying someone to pick up the child.”10 The charges against Al-Amin were dropped when the shooting victim told the press that he had not seen his assailant but that the police had threatened him if he didn’t finger Al-Amin. Community Mosque leader Nadim Ali notes of this investigation that the FBI, the Georgia Bureau of Investigation, and the Bureau of Alcohol, Tobacco and Firearms participated. “It was a local routine assault, so why were they involved?”11

The murder case for which Al-Amin was convicted started with him being pulled over again, in May 1999. Elaine Brown noted in her March 26, 2000 editorial: “Police admit he was stopped … merely for driving a car displaying dealership tags … or, as it’s now said in the vernacular, ‘driving while black.’ Later, he was charged with theft by receiving — on the already-questionable assertion that the car he was driving was stolen — and the horrible ‘crime’ of driving without proof of insurance.”

When the cops were looking in his wallet, they found a badge given to him by the town of White Hall, Alabama, making him an auxiliary officer there. For that, he was charged with impersonating a police officer. (According to the police, he flashed the badge.)

Then he missed his court date. It’s not clear whether he didn’t go because he was not told of the court date, or because there was an ice storm that day (it is clear that the judge didn’t show up because of the weather). Because of his failure to appear, a warrant was issued for his arrest.

It was this warrant which Deputies Kinchen and English were sent to serve on March 16, 2000, a mission which left one deputy dead and the other seriously injured.

“An eminently avoidable human tragedy took place,” writes Thelwell in a recent Nation article. “Why was it necessary to send into a Muslim community, under cover of darkness, heavily armed men wearing flak jackets to bring in a respected and beloved religious leader, a figure of fixed address and regular and predictable habits? And this in service of a warrant for charges they describe as relatively minor? Who authorized this action and in this manner? Was this abysmally poor judgement or deliberate provocation?”

The prosecution’s version of events is roughly as follows, as presented by Assistant District Attorney Robert McBurney in the trial’s closing arguments:

The two officers drove by the mosque and the store at 10 at night, looking for Al-Amin. He wasn’t there. They saw a car pull up as they were leaving. They returned to where someone was parked, the two cars facing each other. The two deputies got out of the car simultaneously and a person English said was Al-Amin got out of his car and stood behind the door. English said I need to see both your hands, as Al-Amin’s right hand was behind the door of the vehicle. Al-Amin allegedly said, “OK, here it is” and opened fire on them with a Ruger assault rifle, which sprayed bullets at the two deputies and casings all over the street. The deputies shot back. Both deputies were injured. The prosecution claimed that Al-Amin then got a pistol and shot Kinchen repeatedly while he was lying helpless and wounded on the ground, aiming for his groin from close range. Kinchen later died. Then, they alleged, Al-Amin got back in his car and fled to Alabama, where he was apprehended four days later.

The trial revealed a number of contradictions between this version of events and the physical evidence, witness testimony, and even Deputy English’s own previous testimony. Among these:

Both deputies said they shot their assailant, and a trail of blood was found by the police near the shooting and reported in the press. However, when Al-Amin was captured in Alabama four days later, he had no injuries. In the trial, the prosecution said the blood trail had been animal blood.

In the hours following the shooting, there were three calls to the emergency 911 line, which were taped, in which callers reported a person bleeding profusely, and in one case asking for a ride, in the same part of Atlanta as the shooting. Only one of the 911 calls was admitted as evidence because the callers were not identified.

English, the surviving deputy, said he was sure the assailant had gray eyes. Al-Amin has brown eyes. However, the warrant the deputies were sent to execute listed Al-Amin as having gray eyes. In later statements English said the assailant was wearing yellow-tinted glasses that night.

English picked Al-Amin out from a photo lineup after undergoing surgery and being dosed with morphine. The defense argued that in addition to the effects of the painkiller, English could well have seen the TV news from his hospital bed, coverage which displayed Al-Amin’s picture and reported him to be a fugitive, prior to English being asked to identify his assailant in the photo lineup.

Civilian witness testimony about the night of the shooting was in each case inconsistent with the story given by the prosecution:

Two witnesses who heard the gunfire reported that slow, less loud shots preceded louder, more rapid gunfire. This is the opposite of what they would have heard given the prosecution’s version.

One witness reported seeing a person shooting a man on the ground, but said that the shooter wasn’t built like the imam, whom he knew.

Another witness reported seeing a white van leaving the area after the shooting.

One of the witnesses who heard the gunfire also heard two car doors close (or a trunk and a car door close) before he heard a car leave the scene.

By 11 p.m. that night, Al-Amin was the prime suspect, according to the police and press. A manhunt was launched. He was arrested in White Hall, Alabama, four days later. A day after that, police found a bag with two guns, ammunition, a cellphone, clothing, and other items identified with Al-Amin in the woods near where he was captured. Ballistics tests linked the guns to the shooting. However, neither the guns nor the ammunition had any fingerprints. After that, a car identified as Al-Amin’s black Mercedes was found in the yard of someone identified as a friend of Al-Amin’s in White Hall. Police said it had bullet holes in it and bullets that matched those from the guns of the deputies.

When Al-Amin was arrested, Ron Campbell, an FBI agent who volunteered to join the manhunt in Alabama, admitted to kicking and spitting on Al-Amin, and calling him a cop-killer. He claimed Al-Amin spat back. Other officers, who said they told Campbell to cool it, testified that in fact Al-Amin had not responded at all to the FBI agent’s assault.

Community Mosque leader Nadim Ali comes from Philadelphia, and recalled that this same FBI agent shot and killed a 23-year old black Muslim man, Glenn “Jahlil” Thomas, in Philadelphia in 1995. At that time, Campbell claimed the man was pulling a weapon, but the autopsy showed that Thomas had been shot in the back of the head. Campbell was cleared by an internal police investigation and never charged with a crime, but the community believed it was a cover-up.12

In closing trial arguments, defense attorney Jack Martin suggested that the guns that were found near the site of Al-Amin’s capture could have been planted, and that FBI agent Campbell had the opportunity to do so.

Inconsistencies also came out in the trial concerning the guns, the car, and the arrest.

Police testified that someone they later identified as Al-Amin shot at them from the woods, and that they did not return fire. Two civilian witnesses said that they saw men in uniform, or four men in dark clothing, shooting into the woods, but that they did not see or hear anyone firing at the officers. “Why does the community see one thing, and every federal officer sees another?” defense lawyer Martin asked in exasperation.

A police chance to support their allegation that Al Amin shot at the officers shortly before his capture was ruined by the police having Al-Amin wash his hands after he was arrested, “so they could take fingerprints.”

A shell casing was found at the base of the Mercedes’ windshield, of which the police apparently took one photo, and that casing was traced to the Ruger which was linked to the shooting by ballistics evidence. The defense questioned how the shell casing survived the 3-hour interstate drive from Atlanta to White Hall.

The prosecution’s scenario for the guns requires us to believe that an obviously calm and intelligent person who had effectively evaded a nationwide manhunt in the early ’70s for a year and a half would not have thought to divest himself of two murder weapons until four days later when he is being pursued through the Alabama woods by all types of law enforcement. This seems unlikely.

Legally, the defense was not required to paint an alternative version of the shooting, only to show that the prosecution scenario was reasonably doubtful. Al-Amin himself did not take the stand, but the defense implied that the only way Al-Amin could exonerate himself was to implicate someone else, which was something he was not willing to do.

“Can a doctor know something and not tell? … Can a priest know something and not tell? … Can an imam know something and not tell?” asked defense attorney Tony Axam in the closing arguments. “The law does not force him to tell.”

The defense also argued that the police had never entertained the possibility that someone other than Al-Amin had committed the crime, and because of this they let important evidence and opportunities for investigation go by the wayside.

Prosecutors asked why Al-Amin would flee to Alabama. “Why did the defendant run? Innocent men don’t run,” asserted McBurney.

“It is who we are that gives us the prism of how we look at something,” Axam countered. “Who you are, where you come from … How old you are, where you were born, how you grew up.” And how much police repression you have received, he might have added.

“Imam Jamil Al-Amin has never stopped fighting for our people’s rights,” stated a flier distributed by the Malcolm X Grassroots Movement at Al-Amin’s arraignment in Alabama. “That’s why the government’s been trying to frame him for 30 years. Don’t let them win now.”

In an email to supporters, Abdul Malik Mujahid responded to the life sentence handed down by the jury: “This punishment and the death [penalty] is hardly different since he can only come out of jail after his death. Imam Jamil is innocent. The verdict will be reversed in the appeal court, insha Allah.”


9. From Thelwell’s Nation article. Thelwell and Ed Brown are Civil Rights Movement co-workers. [back]

10. Factsheet available at www.ImamJamil.com/articles/cointelpro.asp. The website www.ImamJamil.com also contains a confession to the shooting of Kinchen and English by a man named Otis Jackson, as well as his retraction of the confession, and an analysis of both documents. The Jackson confession states that Jamil Al-Amin was present during the incident, but that Jackson himself was the shooter. [back]

11. March 10, 2002 interview with Nadim Ali. [back]

12. Philadelphia Daily News, July 13, 1995 “FBI agent cleared by cops; Witnesses sense shooting cover-up”; and Philadelphia Inquirer, July 13, 1995, “Report said to clear FBI agent in shooting,” by Thomas J. Gibbons, Jr. [back]

The author attended the closing arguments of the three-week trial. She is not related to any of the Browns mentioned in this article. Other sources include a radio interview by Amy Goodman with Ed Brown and Ekwueme Michael Thelwell on Democracy Now! on March 19, 2002, and an interview by Heather Gray with with Bilal Mahmoud and Nadim Ali on Radio Free Georgia on March 11, 2002; Atlanta Journal-Constitution coverage of the crime and the trial; literature produced by the National Support Committee for Imam Jamil, including the website www.imamjamil.com, and interviews and discussions with members of Imam Jamil Al-Amin’s mosque. Dave Lippman, correspondent for Free Speech Radio News (www.fsrn.org), assisted with this article.

© 2002 Jenny Brown. The author is co-editor of the Gainesville Iguana (www.afn.org/~iguana), a monthly radical newsmagazine in Gainesville, Florida. She is also a project director for Redstockings of the Women's Liberation Movement. You can reach her at jbrown72073@cs.com.