New Trial for Black Panther Upheld

SAN FRANCISCO — Former Black Panther Johnny Spain should not have been been forced to wear heavy shackles during his trial in the 1971 murders of two San Quentin prison guards and is entitled to a new trial, a federal appeals court ruled today.

By a 2-1 vote, the U.S. 9th Circuit Court of Appeals upheld a lower-court ruling that the 25 pounds of chains Spain was required to wear for more than four years of legal proceedings caused him pain and humiliation, made it difficult for him to assist in his own defense and were not necessary for courtroom security.

Spain, 39, was the only person convicted of murder in a 1971 uprising that killed three guards and three prisoners, including militant leader George Jackson. Authorities claimed Spain, seen running with Jackson out of a maximum-security unit, was aiding in an escape attempt.