ASSEMBLY RESOLUTION No. 129

STATE OF NEW JERSEY

217th LEGISLATURE

 

INTRODUCED APRIL 4, 2016

 


 

Sponsored by:

Assemblyman  RONALD S. DANCER

District 12 (Burlington, Middlesex, Monmouth and Ocean)

 

 

 

 

SYNOPSIS

     Commends New Jersey Supreme Court’s decision delaying Sundiata Acoli’s release.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Assembly Resolution commending the New Jersey Supreme Court’s decision to reverse the order to release Sundiata Acoli, the killer of New Jersey State Trooper Werner Foerster.

 

Whereas, On the morning of May 2, 1973, Clark Edward Squire, otherwise known as Sundiata Acoli, James Coston, otherwise known as Zayd Malik Shakur, and Joanne Chesimard, otherwise known as Assata Shakur, were stopped by New Jersey State Trooper James Harper on the New Jersey Turnpike for a broken tail light; and

Whereas, New Jersey State Trooper James Harper and New Jersey State Trooper Werner Foerster were the officers present on the scene that morning; and

Whereas, According to court documents, there was an altercation during the traffic stop and Acoli's gun went off during a struggle with Trooper Foerster; and

Whereas, Records indicate that Joanne Chesimard shot Trooper Harper and then used Trooper Foerster’s own firearm to shoot Trooper Foerster twice in the head as he lay on the ground; and

Whereas, Sundiata Acoli claimed he was grazed by a bullet, lost consciousness, and couldn't remember the exact sequence of events; nevertheless, upon the conclusion of the events that morning, both James Coston and Trooper Foerster had both been shot dead during the traffic stop; and

Whereas, Both Joanne Chesimard and Sundiata Acoli were convicted for the murder of Trooper Foerster; and

Whereas, Joanne Chesimard, the convicted accomplice of Sundiata Acoli, escaped from prison shortly after the murder of State Trooper Foerster and is believed to reside in Cuba; and

Whereas, In 1974 Sundiata Acoli was sentenced to life in prison plus 24 to 30 years for the murder of Trooper Foerster; and

Whereas, Sundiata Acoli was denied parole in 1993, 2004, and 2011; and

Whereas, Upon the third denial of parole, Sundiata Acoli filed an appeal with the full Parole Board which was denied, leading Sundiata Acoli to file an appeal with the Appellate Division of the Superior Court; and

Whereas, On September 29, 2014, an Appellate Court issued a decision granting parole to Sundiata Acoli and requiring the Parole Board to expeditiously set conditions for his parole; and

Whereas, The New Jersey Attorney General and State Parole Board appealed the Appellate Court’s decision ordering parole for Sundiata Acoli; and

Whereas, On February 23, 2016, the Supreme Court reversed the lower court’s decision, determining that the appropriate remedy would be to remand the case to the full Parole Board for completion of the administrative process, thereby delaying Sundiata Acoli’s release from incarceration; now, therefore,

     Be It Resolved by the General Assembly of the State of New Jersey:

 

     1.    This House respectfully commends the New Jersey Supreme Court in its decision to overturn the judgment of the Appellate Division to release Sundiata Acoli, the convicted killer of New Jersey State Trooper Werner Foerster.

 

     2.    Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Clerk of the General Assembly to the Chief Justice and the Associate Justices of the Supreme Court of New Jersey.

 

 

STATEMENT

 

     This Assembly resolution commends the decision made by the New Jersey Supreme Court to overturn the release of Clark Edward Squire, otherwise known as Sundiata Acoli, who had received a sentence of life imprisonment after being convicted of killing New Jersey State Trooper Werner Foerster.

     On September 29, 2014, after three denials of parole, the Appellate Division of the Superior Court issued a decision granting parole to Sundiata Acoli, stating that the Parole Board should expeditiously set conditions for Sundiata Acoli’s parole. Subsequently, the New Jersey Attorney General and State Parole Board appealed the Appellate Court’s decision ordering parole for Sundiata Acoli.

     On February 23, 2016, the Supreme Court reversed the lower court’s decision determining that the appropriate remedy would be to remand the case to the full Parole Board for completion of the administrative process, delaying Sundiata Acoli’s release from incarceration.