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Jury Rejects Alibi Testimony

In contrast to the overwhelming evidence presented to the jury which established Stanley 'Tookie' Williams' guilt, the defense consisted of Williams' step-father, two inmates that were housed in jail with Williams, and Williams' girlfriend. The testimony of these various individuals was soundly rejected by the jury.Here are details from the Los Angeles District Attorney's office:

Fred Holiwell

Holiwell, the step-father of Stanley Williams, testified that he saw Williams at the Showcase club at Sunday, March 11, 1979. However, Holiwell was not at all sure as to the time he saw Williams. Holiwell, when initially interviewed by the police, said he saw Williams between 3:00 a.m. and 4:00 a.m. and that Williams then left. (TT 2621).However, under questioning by the defense, Holiwell said it could have been "around 5:00 or 5:15" in the morning, but he didn't "take note of the exact time" that he saw him. (TT 2614). Then, Holiwell said he didn't know when Williams left, explaining "I was in the back of my camper. So, how could I really see if he left?" (TT 2622).

Holiwell then admitted that he initially told the deputies that "he did not know how the defendant left." (TT 2622). Then, Holiwell even admitted that he never said he "definitely" saw Williams. Instead, he said he thought he saw him (TT 2622) but was "not sure." (TT 2625).

Eugene Riley

Eugene Riley was a county jail inmate who, prior to trial, had been housed with and had spoken with Williams. (TT 2640). He claimed he saw Williams at the Showcase at "about 5:30" in the morning on Sunday, March 11, 1979. (TT 2642). After watching Williams smoke a sherm (PCP cigarette), he drove Williams to the home of James Garrett. (TT 2644).The next time he claimed to have seen Williams was in 1981, when they were both housed together in jail. (TT 2645). At that time, Williams and Riley spoke about Riley testifying as a witness for Williams. (TT 2646).

However, prior to that conversation, Riley admitted he had never previously talked about the night of March 11, 1979, and he had never heard of the Brookhaven murders. (TT 2658). As such, Riley was unable to explain how he was able to recall these events. The only logical explanation, and surely the explanation drawn by the jury, was that Williams spoke with Riley in jail and told him what to say on the stand.

Joseph McFarland

Joseph McFarland, who had previously been convicted of seven felonies (Penal Code 664/211) was also a county jail inmate who, prior to trial, had been housed with and had spoken with both Stanley Williams and Eugene Riley. (TT 2677, 2693, 2725, 2729). McFarland testified that George Oglesby was a "jailhouse rat" (TT 2683) and that some inmates gave Oglesby fake information, knowing he would take it to the deputies. (TT 2684).However, McFarland admitted he did not know what Williams had told Oglesby. (TT 2742). McFarland also testified that Williams did pass an escape note to Oglesby. (TT 2693-2694, 2697). Lastly, McFarland testified that Williams told him (McFarland) about the notes and that he (Williams) wanted McFarland to testify about them. (TT 2699).

Beverly McGowan

Beverly McGowan testified that on February 27, 1979, Williams came over to her house for dinner and then he spent the night. (TT 2750). She claimed that although they saw each other regularly, she never saw Williams again after the morning of February 28, 1979. (TT 2752, 2755). McGowan admitted that since Williams was arrested, she had visited him regularly in jail and that he had asked her to help him with his case. (TT 2752-2754, 2757, 2763).

Tookie Williams Began 'Plague on Society'

In 1971, Stanley 'Tookie' Williams, along with Raymond Lee Washington, founded one of the most violent and predatory street gangs ever known, the Crips. As a result of Williams' actions, this gang is now active throughout the United States, as well as other countries across the globe, according to the Lost Angeles District Attorney's office.In response to Williams' petition for clemency, the District Attorney reported to Gov. Arnold Schwarzenegger the damage caused society by the Crips gang:

This gang is responsible for the regular commission of crimes such as murder, rape, robbery, and drug sales. The gang has taken over large areas of many of our communities. As a result, hard-working, law abiding citizens are forced to live in daily fear that gang members might take their lives.

In 2004 alone, in the City of Los Angeles alone, gang-related crimes accounted for 291 homicides, 717 attempted homicides, 2616 felony assaults, 61 attacks on police officers, 2308 robberies, 44 kidnappings, 36 rapes, 754 acts of witness intimidation, 20 acts of extortion, and 188 carjackings. (P. Exh. 5).

Of course, these statistics only cover those crimes in which the victim was brave enough to contact the police. Many more victims, acting under the fear of gang retaliation, never even contact the authorities. Instead, they simply continue living in submissive fear of the gang members that control their communities.

Plague to Society

Although Stanley Williams is not directly responsible for every gang crime committed today, he was an integral founding member of a gang that has contributed, and continues to contribute, to the gang problem with devastating force.This plague on our society continues to spread, and continues to take lives on a daily basis. Williams unleashed this violence in no less a manner than if he had released a deadly virus into our communities.

Williams' Violent Acts on Death Row

In response to Stanley 'Tookie' Williams' petition for clemency, the Los Angeles District Attorney's office outlined in its response the following prison discipline record of the notorious founder of the Crips gang.After being convicted of the four murders and sentenced to death in 1981, Stanley Williams was sent to San Quentin State Prison. Upon arriving at San Quentin, Williams quickly demonstrated violent behavior consistent with a hardened murderer. Although this is not an exhaustive list of Williams' violent acts while in prison, it is illustrative of his behavior at San Quentin:


On June 30, 1981, just two months after being sentenced, Williams was involved in a violent fight with another inmate. Williams was observed kneeling over the other inmate and striking him in the head with his closed fists. When Williams was ordered to cease fighting, he ignored the order. Only after repeated orders to stop, did Williams stop his violence. (P. Exh. 6).

On January 26, 1982, Williams was ordered to lineup for his return to his cell. Williams refused the order and became hostile. The guard then explained the line-up procedure to Williams. Williams responded by saying "you'll get yours boy, I can do anything now because I know what the gunmen will do…one of these days I'll trick you boy." (P. Exh. 7).

On January 28, 1982, Williams had two separate instances where he threw chemical substances at guards. In one of these instances, Williams threw a chemical substance in the eyes and on the face of a guard. As a result of that assault, the guard suffered from chemical burns to these areas and had to be taken to the hospital where he received emergency care. (P. Exh. 8).

On January 29, 1982, Williams again attacked a guard by throwing a chemical substance on him. (P. Exh. 9).

On February 16, 1984, a guard saw Williams bending over another inmate and striking him with his closed fists. In an effort to stop the attack, the guard blew his whistle and drew his weapon. Williams, however, continued to fight. Only after a guard fired a warning shot, did Williams stop fighting. (P. Exh. 10).

On June 8, 1984, Williams was observed participating in inappropriate behavior with a female visitor. When the guard advised the female of the prison policies, Williams became verbally hostile and stated, "you are looking around too much and that's not your job. I have dusted many officers on the street, one more would not make any difference." (P. Exh. 11).

On July 4, 1986, Williams stepped between a guard and another inmate and began to beat up the inmate. The guard ordered Williams to stop but Williams continued with the assault. Eventually, after gun officers responded, Williams stopped the attack. (P. Exh. 12).

On October 10, 1988, Williams was involved in a fight that led to him being stabbed. Prison officials subsequently learned that this stabbing was done in retaliation for a September 22, 1988, stabbing of another inmate ordered by Crips leader Stanley Williams. (P. Exh. 13).

On October 19, 1988, Williams was placed in Administrative Segregation based on his association with the Crips street gang. (P. Exh. 13).

On December 24, 1991, Williams was involved in another fight with an inmate. Once again, despite being ordered to stop, Williams continued with the assault. Eventually, gun officers responded by firing a round near Williams. After the shot was fired, guards gained control over Williams. (P. Exh. 14).

On July 6, 1993, a large fight broke out in the shower area. Williams was one of the combatants. A guard ordered the inmates to stop, but the fight continued. After a warning shot was fired, the fighting stopped. Subsequently, a stabbing instrument ("shank") made of sharpened plastic was recovered from where the fight had occurred. (P. Exh. 15).

Procedural History and Appellate Review

To date, Stanley 'Tookie' Williams' case has received extensive legal scrutiny in both state and federal court. Since his conviction in 1981, Williams has pursued multiple appeals and habeas corpus petitions.In each and every instance, in both state and federal court, his conviction has been affirmed as appropriate and just, according to the Los Angeles District Attorney's office.


On April 18, 1980, the trial court granted Williams' motion to substitute his hand-picked attorney, Joseph Ingber, as attorney of record in place of Gerald Lenoir.

On January 21, 1981, the jury trial commenced and on March 13, 1981, the jury returned guilty verdicts of four counts of first-degree murder and two counts of robbery. The jury also found the special circumstance allegations of robberymurder and multiple murder to be true. Lastly, the jury found true the special allegations that defendant Williams personally used a shotgun and that a principal was armed with a firearm.

On March 17, 1981, both parties having rested without presenting evidence at the penalty phase, argument was presented on behalf of the People and defendant Williams as to whether the penalty should be death or life imprisonment without possibility of parole. Following arguments and instructions of law by the Court on this issue, the jury, on March 18, 1981, returned a verdict of death as to each of the charged first-degree murders.

On April 15, 1981, defendant Williams' motions for a new trial and for modification of the verdict and findings imposing the death penalty were heard by the Court and denied. The trial court then sentenced Williams to death on counts 1, 2, 3 and 7.

On April 11, 1988, on automatic appeal to the California Supreme Court, in the cases of People v. Stanley Williams, Crim. No. 21977, and In re Stanley Williams, Crim. No. 23806, consolidated under Case No. S004365, and published at (1988) 44 Cal.3d 1127, the imposition of the death penalty was affirmed and defendant Williams' first habeas petition was denied following an evidentiary hearing.

On January 18, 1989, the California Supreme Court denied defendant Williams' second state habeas petition in Case No. S008526.

On that same date, January 18, 1988, defendant Williams filed his first federal habeas petition in the United States District Court in Case No. CV89-00327-SVW. The district court held that petition in abeyance while defendant Williams returned to the California Supreme Court with his unexhausted claims.

On April 11, 1994, following another evidentiary hearing, the California Supreme Court denied defendant Williams' third state habeas petition in Case No. S011868, published at (1994) 7 Cal.4th 572.

On June 21, 1995, the California Supreme Court denied defendant Williams' fourth state habeas petition in Case No. S039285.

On December 21, 1988, defendant Williams returned to federal court and, following an evidentiary hearing, the United States District Court denied defendant Williams' amended habeas petition in Case No. CV89-00327-SVW, and published its order at (1998) 41 F.Supp.2d 1043.

On December 17, 1999, defendant Williams' subsequent Rule 60(b) motion to reopen the judgment was denied, and the order was published at (1999) 1999 WL 1320903.

On September 10, 2002, the United States Court of Appeals for the Ninth Circuit denied defendant Williams' direct appeal and Rule 60(b) motion in Case Nos. 99-99018 and 00-99001, published at (2002) 306 F.3d 665.

On September 9, 2004, the Ninth Circuit Court of Appeals amended the opinion and denied defendant Williams' petition for rehearing and suggestion for rehearing en banc, published at (2004) 384 F.3d 567.

On February 2, 2005, the Ninth Circuit Court of Appeals denied defendant Williams' subsequent petition for rehearing and suggestion for rehearing en banc, published at (2005) 396 F.3d 1059.

Finally, on October 11, 2005, the United States Supreme Court denied defendant Williams' petition for writ of certiorari in Case No. 04-10500.As this historical accounting proves, Williams has benefited from a detailed and exhaustive review of all of his legal claims and each court has affirmed the guilty verdicts and affirmed the death sentence. In doing so, our courts, both state and federal, have given appropriate and serious consideration to Williams, consideration which Williams so violently denied each of his victims.

'Tookie Must Die' -- Why Many Blacks Oppose Clemency for Williams



Earl Ofari Hutchinson





Commentary/Analysis, Earl Ofari Hutchinson,

New America Media, Dec 05, 2005

Editor's Note: It's a myth that a large majority of blacks oppose the death penalty, detest police and as jurors won't vote to convict a fellow black. In fact, writes PNS contributing editor Earl Ofari Hutchinson, some of the loudest voices calling for the execution of Stanley "Tookie" Williams come from black communities. Hutchinson is author of "The Crisis of Black and Black."



• Video: pro-Tookie rally

• Video: Screening of a movie on Tookie's life.



LOS ANGELES--The small crowd of clergy, community activists and death penalty opponents that gathered in front of the Los Angeles courthouse recently was no different than other groups that for weeks have kept up the drum beat for California Gov. Arnold Schwarzenegger to grant Stanley "Tookie" Williams clemency.



There was one very loud exception. A young African-American man shouted that Williams was a thug and a murderer and should die. He was not an agitator or a crank. He represented a body of pro-death penalty sentiment among blacks that has seldom been publicly heard during the great Tookie debate.



I was not surprised when I heard this young man's words, for there are many blacks like him who want Williams dead. The instant I went to bat in my columns for clemency for Williams and against the death penalty in general, the e-mails and comments I got flew hot and heavy. Black critics bitterly reviled me for advocating clemency. They were adamant that Williams must pay for his crimes, and for the murder and mayhem the Crips gang, which he helped found, has unleashed on impoverished black communities.



Their hardened attitude toward Williams flew in the face of conventional wisdom that says that blacks are passionate opponents of the death penalty. They aren't.



During the past decade, even as more whites have said they are deeply ambivalent about the death penalty or oppose it, many blacks continue to say that murderers, even black ones, must pay with their lives. A Harris Interactive poll in August 2001 found that nearly half of black respondents supported capital punishment. Three years later, a Gallup Poll found that black support for the death penalty still hovered at close to 50 percent.



The death penalty debate can no longer be neatly pigeonholed into a black verses white racial divide issue, and with good reason. Whites generally are not at risk from black criminals. Other blacks are. They are more likely to be victims of violent crime or to have friends or relatives who have been crime victims than whites.



The Justice Department's annual crime victim surveys have consistently found that blacks are nearly twice as likely to be victims of murder than whites. The leading cause of death among young black males under age 24 is homicide. In nearly all cases, other blacks will kill them.



Blacks are scared stiff and fed up with that continuing surge in murder violence that tears at black communities. A hint of that came in June 1999. A Justice Department survey that year found that blacks in a dozen cities generally applauded the police. This confounded some black leaders who, like many others, assumed that blacks are inveterate cop haters. They aren't. They are against racist and abusive police officers, and expect and demand efficient, fair policing in their communities.



In Los Angeles, New York, Chicago and other cities, community activists have staged anti-murder marches, held vigils and have lobbied city and state officials for tougher gun laws. They have also taken a step that once would have been considered racial treason: They have repeatedly demanded that blacks break their code of silence toward the police and help them identify the young shooters.



Then there's the myth of the "soft" black juror. It goes like this: Black jurors are so hateful of white authority that they will gleefully nullify the law and let a black lawbreaker waltz out of court a free man or woman, even if that person is a killer. This is nonsense. In most big cities, blacks make up a majority or a significant percent of those who sit on juries, and they routinely convict other blacks of crimes, including murder, every day.



It's true that in past years, blacks were the staunchest opponents of capital punishment. They had good cause to be. The death penalty was a blatantly racist weapon wielded by prosecutors, particularly in the South, against blacks convicted of rape and murder on the flimsiest of evidence, as long as their alleged victims were white. The death penalty is still used and handed down in a racist fashion. However, crime fears and rampaging murder rates in many black communities have partially trumped that, and made more blacks than ever regard capital punishment not as a weapon to hammer blacks, but to hammer violent criminals.



Tookie certainly no longer fits the label of the violent predator. He has tireless worked to redeem his life, and those of countless other angry, violence-prone youths. But many blacks have lost friends and loved ones to those gun-toting youths. They are unforgiving and unsparing in their rage at them, and they blame Williams for helping to spawn them. It's unfair to blame one man for the sins of some in the youth generation. But when the body count rises, people look to place blame on someone, and Williams is that someone. It's only a short step from there for them to loudly say that Tookie must die.

BYE BYE TOOKIE...!! May you rot in HELL.. You should have never been nominated for a Nobel Peace Prize... You haven't changed, you just got to damn old to beat on people anymore, or you would still be the mean sorry ass your are..

see ya.

Updated: 12:28 a.m. EST (05:28 GMT), December 13, 2005

Execution chamber awaits Williams







Crips gang co-founder Stanley Tookie Williams is less than three hours away from execution, more than 25 years after he used a shotgun to kill four people in two separate robberies. The U.S. Supreme Court late Monday rejected the convicted killer's last-ditch appeal, hours after California Gov. Arnold Schwarzenegger also denied clemency. Williams' supporters argue he is a changed man. But the stepmother of one of his victims says that "justice is going to be done tonight."

DEVELOPING STORY | NEWS UPDATE

Stanley Tookie Williams, the co-founder of the Crips gang who became an anti-gang crusader while on death row, was executed by lethal injection today. The warden at San Quentin said Williams seemed annoyed it took awhile to get a needle into his left arm. "He did seemed frustrated that it didn't go as quickly as he thought it might," said warden Steven Ornoski.

FULL STORY | NEWS UPDATE