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96 Evergreen Avenue
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Inscription. Zion Baptist Church,
with its distinctive double towers, was built in 1921 to house a congregation
originally organized in 1886. It is the last house of worship passed by many
funerals on their way to several nearby cemeteries, including the one from
which the street takes its name: Evergreen.
It was one of the churches where civil rights rallies were held in the 1960's when St. Augustine was the site of a major campaign led by Dr. Martin Luther King and Dr. Robert B. Hayling that resulted in the passage of the landmark Civil Rights Act of 1964. One of those who spoke at a rally here was the famous attorney William Kunstler (1919-1995). He was already familiar with St. Augustine, having represented local Freedom Rider Henry Thomas in a 1961 Mississippi case that went all the way to the U.S. Supreme Court. In a poem he wrote later, Kunstler paid tribute to the role played by St. Augustinians in bringing "an evil era to an end," and concluded: "Sometimes it takes the courage of a few, to teach the rest of us just what to do." This Historic Marker Presented this 2nd Day of July, 2007 by: Northrop Grumman Erected 2007 by The 40th Anniversary to Commemorate the Civil Rights Demonstrations, Inc. (ACCORD). Marker series. This marker is included in the
Florida, St. Augustine Freedom Trail, and the Martin
Luther King, Jr. marker series.
Location. 29° 53.652′ N, 81° 19.899′ W. Marker is in St. Augustine, Florida, in Saint Johns County. Marker is on Evergreen Avenue when traveling west.
As you can see from the above description, the famous attorney William Kunstler was a speaker here, man, talk about your radical lawyer!!!!!
William
Kunstler
William Moses
Kunstler (July 7, 1919
– September 4, 1995) was an American self-described "radical lawyer" and civil
rights activist,
known for his violent clients. Kunstler was a board member of the American Civil Liberties Union (ACLU) and the
co-founder of the Law Center for Constitutional Rights (CCR), the
"leading gathering place for radical lawyers in the country".
Kunstler's
defense of the "Chicago
Seven" from
1969–1970 led The New York Times to label him "the country's most
controversial and, perhaps, its best-known lawyer ..." Kunstler is
also well known for defending members of the Catonsville
Nine, Black Panther Party, Weather Underground Organization, the Attica Prison rioters, and the American Indian Movement He also won a de
facto segregation case regarding the District of Columbia's public schools and
"disinterred, singlehandedly" the concept of federal removal jurisdiction in the 1960s. Kunstler refused to defend
right-wing groups such as the Minutemen, on the grounds that: "I only
defend those whose goals I share. I'm not a lawyer for hire. I only defend
those I love."
He was a
polarizing figure; many on the right wished to see him disbarred, while many on
the left admired him as a "symbol of a certain kind of radical
lawyer." Even some other civil rights lawyers regarded Kunstler as a
"publicity hound and a hit-and-run lawyer" who "brings cases on
Page 1 and wins them on Page 68. Legal writer Sidney
Zion quipped that
Kunstler was "one of the few lawyers in town who knows how to talk to the
press. His stories always check out and he's not afraid to talk to you, and
he's got credibility—although you've got to ask sometimes, 'Bill, is it really
true?'"
Early life
The son of a
physician, Kunstler was born to a Jewish family in New
York City and attended DeWitt Clinton High School He was
educated at Yale
College, graduating Phi
Beta Kappa in 1941, and Columbia University Law School from which he
graduated in 1948. While in school, Kunstler was an avid poet, and represented Yale in the Glascock
Prize competition at
Mount Holyoke College.
Kunstler served
in the U.S. Army during World
War II in the Pacific
theater, attaining the rank of Major, and received the Bronze
Star. While in the
army, he was noted for his theatric portrayals in the Fort
Monmouth Dramatic
Association.
After his
discharge from the Army he attended law school, was admitted to the bar in New York in 1948 and
began practicing law. Kunstler went through R.H.
Macy's executive
training program in the late 1940s and practiced family and small business law
in the 1950s before entering civil rights litigation in the 1960s He was an
associate professor of law at New York Law School (1950–1951).
Kunstler won
honorable mention for the National Legal Aid Association's press award
in 1957 for his series of radio broadcasts on WNEW: "The Law
on Trial." At WNEW, Kunstler also conducted interviews on controversial
topics, such as the Alger
Hiss case, on a
program called "Counterpoint."
Civil rights career
Rise to prominence (1957–1964)
Kunstler first
made headlines in 1957 defending William
Worthy, a
correspondent for the Baltimore Afro-American, who was one of forty-two
Americans who had their passports seized after violating the State Department's travel
ban on Communist China (after attending a Communist youth
conference in Moscow) Kunstler refused a State Department compromise which
would have returned Worthy's passport if he agreed to cease visiting Communist
countries, a condition Worthy considered unconstitutional
Kunstler played
an important role as a civil rights lawyer in the 1960s, traveling to many of
the segregated battlegrounds to work to free those who had been jailed. Working
on behalf of the ACLU, Kunstler defended the "Freedom
Riders" in
Mississippi in 1961. Kunstler filed for a writ of habeas
corpus with Sidney
Mize, a federal
judge in Biloxi, and appealed to the Fifth Circuit; he also filed similar pleas
in state courts. Judge Leon Hendrick in Hinds County refused Kunstler's motion to cancel
the mass appearance (involving hundreds of miles of travel) of all 187
convicted riders. The riders were convicted in a bench trial in Jackson city
and appealed to a county jury trial, where Kunstler argued that the county
systematically discriminated against African-American jurors.
In 1962,
Kunstler took part in efforts to integrate public parks and libraries in Albany,
Georgia. Later that
year, he published The Case for Courage (modeled on President Kennedy's Profiles in Courage) highlighting
the efforts of other lawyers who risked their careers for controversial clients
as well as similar acts by public servants. At the time of the publication,
Kunstler was already well known for his work with the Freedom Riders, his book
on the Caryl
Chessman case, and his
radio coverage of trials. Kunstler also joined a group of lawyers criticizing
the application of Alabama's civil libel laws and spoke at a rally against HUAC.
Kunstler
represented the first Title IX federal removal cases under the Civil Rights Act of 1964: protesters at
the 1964 New York World's Fair.
In 1963, for
the Gandhi Society of New York, Kunstler filed to remove the cases of more than 100 arrested
African-American demonstrators from the Danville Corporation Court to the
Charlottesville District Court, under a Reconstruction Era statute. Although the district judge remanded the cases to city court, he dissolved
the city's injunction against
demonstrations In doing so, Judge Thomas
J. Michie rejected a
Justice Department amicus curiae brief urging the removal to create a
test case for the statute. Kunstler appealed to the Fourth Circuit That year
Kunstler also sued public housing authorities in Westchester County.
In 1964,
Kunstler defended a group of four accused of kidnapping a white couple, and
succeeded in getting the alleged weapons thrown out as evidence, as they could
not be positively identified as ones used.[18] That year he
also challenged Mississippi's unpledged elector law as well as racial
segregation in primary elections; he also defended three members of the Blood Brothers, a Harlem
gang, charged with murder.[19][20]
Kunstler went
to St. Augustine, Florida in 1964 during
the demonstrations led by Dr. Martin Luther King and Dr. Robert B. Hayling that
resulted in the passage of the landmark Civil Rights Act of 1964. Kunstler
brought the first federal case under Title IX of the Civil Rights Act of 1964,
which allowed the removal of cases from county court to be appealed; the
defendants were protestors at the 1964 New York World's Fair.
ACLU director (1964–1972)
He was a
director of the American Civil Liberties Union (ACLU) from
1964 to 1972, when he became a member of the ACLU National Council. In 1966 he
co-founded the Center for Constitutional Rights. Kunstler also
worked with the National Lawyers Guild.
In 1965,
Kunstler's firm Kunstler, Kunstler, and Kinoy was asked to
defend Jack
Ruby by his brother
Earl, but dropped the case because they "did not wish to be in a situation
where we have to fight to get into the case" Ruby was eventually permitted
to replace his original defense team with Kunstler, who got him a new trial. In
1966, he also defended an arsonist who burned
down a Jewish Community Center, killing twelve, because he was not provided a
lawyer before he signed a confession.
Kunstler's
other notable clients include: Salvador
Agron, H.
Rap Brown Lenny
Bruce, Stokely Carmichael the Catonsville
Nine Angela
Davis, Larry Davis, Gregory Lee Johnson, Martin Luther King, Gary
McGivern, Adam Clayton Powell, Jr. Filiberto Ojeda Rios, Assata
Shakur, Lemuel
Smith Morton
Sobell, Wayne
Williams, and Michael X.
"Chicago Seven" (1969–1972)
Kunstler gained
national renown for defending the "Chicago
Seven"
(originally "Chicago Eight"), in a five-month trial in 1969–1970,
against charges of conspiring to incite riots in Chicago during the 1968 Democratic National Convention. Under
cross-examination, Kunstler got a key police witness to contradict his previous
testimony and admit that he had not witnessed Jerry
Rubin, but had
rather been given his name two weeks later by the FBI Another prosecution
witness, photographer Louis Salzberg, admitted under Kunstler's
cross-examination that he was still on the payroll of the FBI
The trial was
marked by frequent clashes between Kunstler and U.S. Attorney Thomas Foran, with Kunstler
taking the opportunity to accuse the government of failing to "realize the
extent of antiwar sentiment" Kunstler also sparred with Judge Julius
Hoffman, on one occasion
remarking (with respect to the number of federal marshals): "this
courtroom has the appearance of an armed camp. I would note that the Supreme
Court has ruled that the appearance of an armed camp is a reversible
error" During one heated exchange, Kunstler informed Hoffman that his
entry on "Who's
Who" was
three times longer than the judge's, to which the judge replied "I hope
you get a better obituary". Kunstler and co-defense attorney Leonard
Weinglass were cited for
contempt (the convictions were later overturned unanimously by the Seventh
Circuit). If Hoffman's contempt conviction had been allowed to stand, Kunstler
would have been imprisoned for an unprecedented four years.
The progress of
the trial—which had many aspects of guerrilla
theatre--was covered on
the nightly news and made Kunstler the best-known lawyer in the country, and
something of a folk hero. After much deadlock, the jury acquitted all seven on
the conspiracy charge, but convicted five of violating the anti-riot
provisions of the Civil Rights Act of 1968 The Seventh
Circuit overturned all the convictions on November 21, 1972 due to Hoffman's
refusal to let defense lawyers question the prospective jurors on racial and
cultural biases; the Justice Department did not retry the case.
American Indian Movement (1973–1976)
Kunstler
arrived in Pine Ridge, South Dakota on March 4,
1973 to draw up the demands of the American Indian Movement (AIM) members
involved in the Wounded Knee incident Kunstler, who headed the defense,
called the trial "the most important Indian trial of the 20th
century", attempting to center the defense on the Treaty of Fort Laramie (1868). Kunstler's
team represented Russell
Means and Dennis
Banks, two of the
leaders of the occupation.
Kunstler
objected to the heavy trial security on the grounds that it could prejudice the
jury and Judge Fred J. Nichol agreed to ease measures. The trial was moved to
Minnesota. Two authors and three Sioux were called as defense witnesses, mostly
focusing on the historical (and more recent) injustice against the Sioux on the
part of the U.S. government, shocking the prosecution.
In 1975,
Kunstler again defended AIM members in the slaying of two FBI agents at Pine Ridge Indian Reservation, not far from
the site of the Wounded Knee incident At the trial in 1976, Kunstler subpoenaed
prominent government officials to testify about the existence of a Counter-Intelligence Program (COINTELPRO)
against Native American activists.[
District Judge Edward J. McManus approved Kunstler's attempt to subpoena FBI director Clarence M. Kelley
Kunstler also
defended a Native American woman who refused to send her daughter with muscular dystrophy to school.
Attica (1974–1976)
In 1974–1975,
Kunstler defended a prisoner charged with killing a guard during the Attica Prison riot. Under cross-examination, Kunstler
forced Correction Officer Donald Melven to retract his sworn identification of John
Hill, Kunstler's
client, and Charles Pernasilice (defended by
Richard Miller), admitting he still retained "slight" doubts that he
confessed to investigators at the time of the incident. Kunstler focused on
pointing out that all the other prosecution witnesses were testifying under
reduced-sentencing agreements and called five prison inmates as defense
witnesses (Miller called none), who testified that other prisoners hit the
guard.
Despite Justice
King's repeated warnings to Kunstler to "be careful, sir", Kunstler
quickly became "the star of the trial, the man the jurors watch most
attentively, and the lawyer whose voice carries most forcefully". Although
the prosecution was careful to avoid personal confrontation with Kunstler, who
frequently charmed the jury with jokes, on one instance Kunstler provoked a
shouting match with the lead prosecutor, allegedly to wake up a sleeping jury
member. The jury convicted Hill of murder and Pernasilice of attempted assault.
When Kunstler protested that the defendants would risk being murdered due to
the judges remanding them, King threatened to send Kunstler
with them New York Governor Hugh
Carey granted
executive clemency to Hill and the other inmates in 1976, even though Hill's
name was not on the recommended list of pardons delivered to the governor and
his appeals were still pending.[58]
In June,
Kunstler and Barbara Handshu, representing another inmate at Attica, Mariano Gonzales, asked for a new hearing on the role
of FBI informant Mary Jo Cook.
Assata Shakur (1977)
Kunstler joined
the defense staff of Assata
Shakur in 1977,
charged in New Jersey with a variety of felonies in connection with a 1973
shootout with New Jersey State Troopers.
Collaboration with Kuby (1983–1995)
Kunstler was
defending Omar Abdel-Rahman ("the Blind Sheik") for the 1993 World Trade Center bombing at the time of
his death.
From 1983 until
Kunstler's death in 1995, he employed future radio personality Ron Kuby as a junior
partner. The two took on controversial civil rights and criminal cases,
including cases where they represented Sheikh Omar
Abdel-Rahman, head of the
Egyptian-based terrorist group Gama'a al-Islamiyah, responsible for the 1993 World Trade Center bombing; Colin Ferguson, the man responsible for the LIRR
shootings, who would later reject Kuby & Kunstler's legal counsel and
choose to represent himself at trial; Qubilah
Shabazz, the daughter
of Malcolm X, accused of plotting to murder Louis
Farrakhan of the Nation
of Islam; Glenn Harris,
a New York City public school teacher who absconded with a fifteen-year-old
girl for two months; Nico
Minardos, a flamboyant
actor indicted by Rudy
Giuliani for conspiracy
to ship arms to Iran; Darrell Cabey, one of the persons shot by Bernard
Goetz; and
associates of the Gambino crime family.
Kunstler's
defense of the three clerics made him "more visible, more venerated, more
vilified than ever".
During the
first Gulf
War, they
represented dozens of American soldiers who refused to fight and claimed conscientious objector status. They
also represented El-Sayyid Nosair, the assassin of the late Jewish leader Rabbi
Meir Kahane who was
acquitted of murder charges.
Representation of mobsters
Kunstler represented
a number of convicted mobsters during his career, claiming "they were
victims of government persecution"
and "I never made a nickel on an OC [organized crime] case."
Some of the more prominent mobsters were Joe Bonanno, Raymond Patriarca, John
Gotti, and Louis Ferrante, who claimed in his memoir, Unlocked: the Life and
Crimes of a Mafia Insider, that "he [Kunstler] took a hundred grand
off me."
Other work
In 1979,
Kunstler represented Marvin
Barnes, an ABA and NBA basketball player, with past legal troubles and league
discipline problems.
During the
1994-95 television season, Kunstler starred as himself in an episode of Law
& Order titled "White Rabbit", defending a woman charged with complicity
in the 1971 murder of a policeman during the robbery of a Brinks truck, who
previously had been in hiding ever since; the plot was based on the real
activities of the Weather Underground.
Kunstler
appeared as a lawyer in the movie The
Doors in 1991, as a
judge in the movie Malcolm X in 1992 and as himself in several
television documentaries.
Death and legacy
In late 1995,
Kunstler died in New York of heart failure at the age of 76. In his last major
public appearance, at the commencement ceremonies for the University at Buffalo's School of Architecture and
Planning, Kunstler
lambasted the death penalty, saying, "We have become the charnel
house of the Western
world with reference to executions; the next closest to us is the Republic of
South Africa."
William
Kunstler was survived by his wife Margaret Ratner Kunstler and daughters Karin
Kunstler Goldman, Jane Drazek, Sarah
Kunstler and Emily
Kunstler and
grandchildren Jessica Goldman, Daniel Goldman and Andrew Drazek. Emily
Kunstler and Sarah
Kunstler have completed
a documentary about their father entitled William Kunstler: Disturbing
the Universe which had its
world premiere screening as part of the Documentary Competition of the 2009 Sundance Film Festival. Karin Goldman
is currently the charities bureau section chief at the attorney general's
office of New York.
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Monday, May 19, 2014
May 19th 4th stop on the Civil Rights Tour, 96 Evergreen Street The Zion Baptist Church A central meeting place Long Post
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