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Ruchell "Cinque" Magee in Memoriam: One Year After California's Longest-Held Political Prisoner Came Home to Die
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Ruchell "Cinque" Magee in Memoriam: One Year After California's Longest-Held Political Prisoner Came Home to Die

National Political Prisoner Coalition
Published Oct 17, 2024

Magee survived. That is the first fact about his case, and it remains the most important one. He survived sixty-seven years in California state prisons — at Soledad, at Folsom, at San Quentin, at Pelican Bay, at the California Medical Facility at Vacaville. He survived the August 7, 1970 Marin County Civic Center incident in which Jonathan Jackson, James McClain, and William Christmas were killed and a Marin County judge died. He survived being charged with a capital crime arising from that incident, conviction, and life-without-parole sentencing. He survived George Jackson\'s 1971 killing at San Quentin, the death of essentially every contemporary of his original Marin County prosecution, and the better part of a century of denied parole hearings. He died at home.

What he was inside for

Magee was first imprisoned in 1963 on a state-court conviction for aggravated kidnapping arising from a $10 marijuana sale dispute that escalated into a charge of armed kidnapping. He always maintained the original conviction was a frame. He was 24. The original sentence was indeterminate — life with the possibility of parole.

On August 7, 1970, Magee was one of three Black prisoners being transported to a courtroom at the Marin County Civic Center to testify in a trial unrelated to his original case. Jonathan Jackson — the 17-year-old brother of George Jackson — entered the courtroom that morning with smuggled weapons, took the judge, the prosecutor, and several jurors hostage in an attempt to negotiate the release of his brother and the Soledad Brothers. The hostage attempt ended in gunfire in the parking lot outside the courthouse: Jonathan Jackson, James McClain, William Christmas, and the judge died. Magee survived, shot. He was charged with aggravated kidnapping and conspiracy to commit murder arising from the incident, convicted, and sentenced to life without parole.

He filed pro se federal habeas petitions for decades. He represented himself in multiple proceedings. He maintained a steady correspondence and statements from inside.

The release

In 2023 the California Board of Parole Hearings, applying the state\'s elder-parole and youth-offender-parole frameworks that California had enacted in 2017 (and that Magee, then 84, was finally eligible under for the first time), granted parole. Governor Gavin Newsom did not block the recommendation. Magee was released to a halfway facility on July 19, 2023. He died three months later, on October 17, 2023, at age 84.

The first year without him

The year between Magee\'s death and October 2024 was the first in nearly seventy years in which no political-prisoner list anywhere in the United States needed to carry his name. The Jericho Movement, the National Jericho Movement, the Anarchist Black Cross network, the Sundiata Acoli Freedom Campaign, the Friends of Ruchell Magee, and the Black August commemorations across the diaspora marked the year. His extant writings have begun to be republished — the open letters, the federal habeas petitions, the prison correspondence.

What Magee left behind is, in the simplest accounting, the longest single record of survival in modern U.S. political imprisonment. He should never have served sixty-seven years. He served them, and lived to come home, and died free. The political-prisoner support tradition NPPC documents marks October 17 every year because what he survived is what every long-held prisoner is being asked to survive.

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