EMERGENCY! NJ COURT DENIES MOVE’S RESTRAINING ORDER & UPHOLDS JUDGE NEW’S CUSTODY DECISION
by Hans Bennett
We have a real emergency on our hands here in Philadelphia. Today, the Camden County Court denied MOVE’s restraining order on John Gilbride (the biological father of 6 year old Zack Africa) and upheld Pennsylvania Judge New’s decision to give Gilbride partial custody (without the mother, Alberta Africa’ s supervision). This is very bad news. I was personally hoping that Gilbride’ s recent assault of Alberta Africa would tip the scales in MOVE’s direction and persuade the courts that Gilbride is an unfit father. Unfortunately, the courts have continued their internationally infamous injustice and repression towards MOVE, and have taken a major step that symbolizes a dangerous escalation of the attack on MOVE. Alberta and MOVE have stated that they will not give the child up, so if the authorities choose to take the child by force, they are subsequently planning another major standoff with MOVE that will be terribly dangerous.
I am posting this article as a concerned Philadelphia journalist (currently working with INSUBORDINATION and AWOL magazines) who has spent the last year conducting interviews with Pam, Ramona, and Mario Africa as well as writing about and photo-documenting the MOVE organization and the struggle for Mumia Abu-Jamal’s life and freedom in Philadelphia today. I am very worried that if we do not spread the word and challenge the Philadelphia authorities as much and as soon as possible, we may very well have ANOTHER massacre on our hands. The government’s relationship with MOVE since it was formed in the 1970s by John Africa has been absolutely horrifying. MOVE women have been beaten into miscarriage, had their children’s arms broken, and had Life Africa stomped to death by police. The Philadelphia authorities are no more concerned about the welfare of MOVE children than when they were beaten to death in the 70s and when they burned MOVE babies alive on May 13, 1985.
Ramona Africa has argued in a recent interview that I did with her (to read full interview, link to: http://awol.objector.org/articles/ramonainterview.html ), the FBI and City of Philadelphia have remained as hell bent on taking MOVE down as they were on May 13, 1985, but that their murderous repression of MOVE was shown to the whole world (and subsequently made the US and the "City of Brotherly Love" look bad). Therefore, today the authorities are looking for an excuse that will give the appearance of legitimacy to their attack on MOVE, and this seems to be just their sort of case.
When the facts of the case are fairly presented, one can’t help but favor upholding the restraining order on Gilbride and overturning Judge New’s decision to give him unsupervised partial custody. However, the authorities know that they can count on the help of the corporate media to distort the issue so they are attempting to carry out this injustice. I write this from the perspective of an independent journalist challenging the corporate media’s murderous censorship.
If we are to learn from the history of the FBI’s COINTELPRO take down of the Black Panther Party (as well as far too many other organizations), this sort of thing is usually designed to hamper revolutionary organizations. Along with the very serious threat of another massacre reminiscent of May 13, 1985, this current attack on MOVE forces them to divert their time, money, and energy away from fighting for the freedom of the MOVE 9 and Mumia Abu-Jamal.
I am posting Monday’s statement from MOVE regarding the decision as well as a letter from Alberta Africa. I am also including the links to 2 other essays that I have recently done about MOVE which provide historical background to today’s emergency situation.
About Aug.8, 1978 and this August’s demonstration commemorating the ’78 assault:
http://awol.objector.org/recentnewsandevents/move902.html
About May 13, 1985 and this Mother’s Day’s demonstration:
http://awol.objector.org/recentnewsandevents/mayann.html
MOVE update from Philly F.O.M.-Friends of MOVE( re:ZACK AFRICA)
ONA MOVE! Today the MOVE organization went to Camden County Court for a hearing to uphold the restraining order against John Gilbride, issued after Gilbride pushed Alberta Africa last Tuesday, thereby fracturing her wrist. Judge Millenky heard two and a half hours of testimony about Gilbride's abuse of Alberta and her son and determined that the restraining order would not be upheld and that the Philadelphia Family Court's ruling by Judge Shelley Robbins New that granted Gilbride partial custody of Alberta's son would stand. He stated that the witnesses' testimony was conflicting, as to details such as where exactly Gilbride stood during the altercation. Gilbride, of course, lied and denied ever touching or abusing Alberta or her son.
Three people aside from Alberta saw and testified to Gilbride's abuse. Alberta sat in court with her wrist wrapped in an ace bandage to help the injury heal, and this judge still decided that there was enough doubt in his mind about the abuse that a small child could be entrusted to this man. Furthermore, Alberta informed Judge Millenky that Judge Shelley Robbins New was promptly removed from Family Court and transferred to Criminal Court after her ruling in the Gilbride vs. Gilbride custody battle. Her credibility is questionable, and this transfer at the very least brings up many more questions about her capabilities to determine what's in a child's welfare.
Apparently, even judges working in her own system are trying to take away her power to determine children's well being. Judge Millenky discounted this admission and continued to rule that the restraining order would not be enforced but that Judge New's ruling would go into effect.
Gilbride is continuing to escalate this situation, in violation of MOVE belief, to take Alberta's son from her out of his own spite and hatred. He is purposely exploiting his "son" and the courts for a personal vendetta, exactly like Rendell and the rest of Philadelphia "legal" officials. We are calling on supporters to increase the pressure on both Philadelphia and Jersey courts. No one wants to see another confrontation occur. More importantly, there ain't no way that these cops are going to come in, enforce a so-called court order, and take a child from his mother to a proven unfit father who abuses his family. These courts have demonstrated their concern for children through these rulings, their foster system, and their ability to bomb a family and then try to cover it up. There is no way they will take this child out of the safety, protection, and love that he is currently surrounded by.
Judge Myrna Field heads Philadelphia Family Court. An emergency stay has been filed in Judge Field's court to suspend all of Gilbride's visitation rights until these court proceedings are settled. It needs to be emphasized that Alberta, and MOVE, are not attempting to separate the child from his father. Gilbride's supervised visits have always been permitted and encouraged. His visits are not an issue. The child should be in contact with his father to the extent that it's safe, healthy, and productive. However, Gilbride having unsupervised custody of the child will be dangerous because of Gilbride's instability.
All supporters need to be contacting Judge Field and encouraging her to grant the stay and to do whatever it takes to overturn her colleague, Judge Shelley Robbins New's, ruling. All of these judges have stated to supporters that their power is limited but this is obviously a lie. Not only do they have the power of these courts, but also they have incredible pull in City Council, with local and national businesses, and with the political candidates working for election. They have many arenas to exercise their power on behalf of a child, and demonstrate that they actually do care about children's welfare. As the people they supposedly represent, we are demanding that they take action.
The courts are playing territory games between Jersey and Philadelphia, trying to confuse and distract folks so that they can easily take this child from his mother and try to weaken and neutralize the MOVE organization. We need supporters to be on these officials and make their awareness and concern loud and clear. This shit isn't going down in the dark. People need to be aware and make their strong stance of supporting children, the MOVE organization, and resistance to this system known.
JUDGE SHELLEY ROBBINS NEW 27 SOUTH 12th STREET, RM 400 PHILADELPHIA, PA 19107
PHONE 215-683-7056
FAX 215-686-9302
JUDGE MYRNA FIELD PRESIDENT JUDGE, JUDGE OF FAMILY COURT
1801 VINE ST.,
SUITE 314 PHILADELPHIA, PA 19103
PHONE 215-686-7970 FAX 215-683-7108
JUDGE ROBERT G. MILLENKY, CAMDEN COUNTY HALL OF JUSTICE
101 S. 5th ST.,
SUITE 120, CAMDEN, NJ 08103-4001
PHONE 856-365-3134
FOR MORE INFORMATION GO TO
WWW.MOVEORG.NET & CALL 610-499-0979
EMAIL ONAMOVELLJA at AOL.COM OR UPRISING1978 at AOL.COM
SOME MORE BACKGROUND:
STATEMENT FROM ALBERTA AFRICA ABOUT THIS SITUATION!
Press Release: Aug. 28, 2002
This is a statement from Alberta Africa, the mother of the child:
Judge Shelley Robins New is obviously bought and paid for by John Gilbride and his lawyer Sheryl Rentz. No ethical judge would have overturned a senior judge's decision (in this case, Judge Edward Rosenberg), and brought about the chaos that now exists in this child's life as opposed to the peace and happiness the child was enjoying before this.
The point I want to make here is that John Gilbride, the so called father of this child, does not love his son and never has loved him, that's why he was able to walk out and abandon the boy the way he did 5 years ago and then come back into the boy's life after disappearing for months, only to build false hopes in the child that his father would do the right thing and love him, be a true father and take care of him. This is hardly the case.
John Gilbride has only one agenda, to fight with me, no matter what it takes, no matter how long or how dirty, no matter how much damage it causes to his son, because John Gilbride is determined to beat me down into the ground and have his way whether its right or wrong. He has said, as recently as yesterday Aug. 27th, that he doesn't care what happens to his son, he will not stop fighting as long as he has a court order, he won't ever stop and he doesn't care about the consequences.
What I want people to understand is that this man is irrational, unstable. He was once a MOVE member, he lived with MOVE for over ten years, he married a committed MOVE woman, me, and had a child in MOVE. There can be no question that John Gilbride knew full well MOVE's belief before he fathered a child in MOVE. Now he wants to come back after becoming a traitor to MOVE, his wife and son, and try to convince people that he loves his son and only wants to be in his life (the excuse Judge New uses in her court order to try to justify giving the boy to his father) but John Gilbride does not love his son, not when he knows MOVE belief and knows that MOVE never turn our children over to our enemies (and a traitor is an enemy by anybody's d efinition).
You see, if John really loved his son, there's no way he would push a fight with me over an issue of me handing him over my son. His love for the boy would be the priority, not a fight, and he would demonstrate that love by respecting my belief and stop trying to get his way and take the boy but rather take the course that will be best for the child's happiness, and work with what he's got, John sees his son as often as he wants and he's always had that despite his attitude, but he knows that based on my religious belief, I will only allow him to be with my young son if I'm present because I'm the boy's mother and this is my belief, and because he has proven himself time and again to be untrustworthy.
MOVE don't take chances when it comes to our children's lives, this is love. The question here is how could any man claim to love his child while at the same instant ruthlessly push a potentially dangerous situation that the child is right in the middle of. John Gilbride is a traitor, and he's a liar, but he wants people to sympathize with him as if he's the victim. Everything happening in his life today, he created 5 years ago when he walked out, abandoning his son. He should now be content with what he has, content to see his son as often as he wants, under circumstances where he was treated well and very fairly.
He pays no child support, never has, and the courts have never even mentioned that fact, let alone demand he pay child support. So in my view I feel John got a good deal from Judge Rosenberg. He doesn't have to pay for anything yet he gets to be with his son anytime, with no limitations put on him because of my understanding of love, peace, encouragement. But that's not enough, and why isn't that enough if he only want to be in his son's life out of love and nothing more? How many men who leave their families get all that John Gilbride gets? Not any! But still John's not satisfied, his son is healthy, secure, happy, but John's still not satisfied. Judge Rosenberg issued an order that everybody could live with, but Judge New is not satisfied with that or the court’s rule of thumb "if it's not broke, don't fix it."
Judge New wants her way and she wants John to have his way, and the child's best interest is not the issue, that's obvious. Judge New is just like John Gilbride, unreasonable, irresponsible, and unremorseful. A judge who has proven herself unethical with her court order dictating to a MOVE mother to give over her child to a man like John Gilbride, despite her superior judge's advice not to do that, and despite Dr. Suzanne Ross, a renowned child psychologist, who's advice to Judge New in a recent court hearing of July 31, 2002 was that such a thing as giving this child to his father and taking him away from his mother would utterly destroy the child. This is the kind of judge and woman Judge New is proving herself to be, no good, and because of her racist, hateful, biased behavior all hell is breaking loose and things are gonna get a lot worse.
ONA MOVE