On October 4th, the Abolitionist Law Center and the Peoples Law Office filed Habeas motions in the United States District Court for the Eastern District of Pennsylvania on behalf of Janet Hollaway Africa and Janine Phillips Africa of the MOVE 9, to appeal the decision of the Pennsylvania Board of Probation and Parole (board)
to deny them parole in May of 2018. Despite maintaining favorable
recommendations and receiving no disciplinary infractions for decades,
Janet and Janine were denied parole even though others similarly
situated were released by the board.
In May of 2018, the board ruled the petitioners should not be granted
parole due to their lack of remorse, minimization of the offenses
committed, and an unfavorable recommendation of the prosecutor. One of
the many issues the petitioners, through their attorneys, raise is the
erroneous justifications used to deny them parole because the board’s
false allegations are contradicted in the record. While the board
stated there was opposition to their release, there was in fact support
from the district attorney’s office. As such the motion argues the board
violated substantive due process rights of Janet and Janine by denying
them appeal for reasons that do not include rehabilitative and deterrent
purposes. Not only do the petitioners have a favorable recommendation
in support of their release, they also have family and community
support, employment options, and access to stable housing. Moreover, the
petitioners have accepted responsibility for their actions before the
board, in their community,and with their advocacy works.
The Parole Board’s decision to deny Janet and Janine was
completely arbitrary and lacked any rational basis. The justifications
provided by the Board are contradicted by the evidence, including the
false claim that the District Attorney’s Office opposed parole. Janet
and Janine are well deserving of parole-DOC staff describe both women as
model prisoners, they have not had a disciplinary incident in decades
and they’ve both participated in community fundraisers, the dog training
program and other social programs inside of prison. ~ Attorney Brad
Thomson
In addition to Janet, Janine and Mike Sr., three other members of the
MOVE 9 remain incarcerated, as two died in custody. During the August
8, 1978 altercation, a Philadelphia police officer was killed and
following a highly politicized trial, the MOVE 9 were convicted of
third-degree homicide. All nine were sentenced to 30-100 years in
prison. The six surviving members of the MOVE 9 are all eligible for
parole.
Contact
Brad Thomson, People’s Law Office, 773.235.0070 ext. 123, BradJayThomson@gmail.com
Bret Grote, Abolitionist Law Center, 412.654.9070, bretgrote@abolitionistlawcenter.org
