NJ cop-killer ordered freed
Top court overrules Parole Board
A former Black Panther who was convicted of murdering a New Jersey state trooper 49 years ago will soon be a free man.
The New Jersey Supreme Court on Tuesday ruled 3-2 to grant parole to Sundiata Acoli, 85, the Black Liberation Army activist who killed Trooper Werner Foerster in 1973.
Acoli, who has dementia, plans to live with his daughter in Brooklyn, reports say.
Acoli had appeared before the Parole Board eight times since 1993, and was denied parole every time.
“In light of Acoli’s verbal renunciation of violence as an acceptable way to achieve social change; more than two decades infraction-free in the federal prison system; the multitude of programs and counseling sessions he completed; his honor status as an inmate; his acquisition of vocational skills; and his advanced age, it is difficult to imagine what else might have persuaded the board that Acoli did not present a substantial likelihood to reoffend,” wrote Justice Barry Albin in the ruling.
He added there was no “substantial credible evidence” that Acoli posed a risk to the public as the Parole Board had previously ruled in denying his release.
“When a parole decision is so far wide off the mark, or so manifestly mistaken under the governing statutory standard, intervention is required in the interests of justice,” the judge said.
Gov. Phil Murphy and his attorney general decried the ruling.
“I am deeply disappointed that Sundiata Acoli, a man who murdered Trooper Werner Foerster in cold blood in 1973, will be released from prison,” Murphy said. “In 1996, Governor Whitman signed a law ensuring that anyone who murders an officer on duty will receive life in prison without the possibility of parole, and I profoundly wish this law had been in place when Acoli was sentenced in 1974.”
Acting New Jersey Attorney General Matthew Platkin added, “I am grateful to the attorneys in my office who opposed the release of Sundiata Acoli, and I am disappointed that he will be released on parole.”
Acoli, formerly known as Clark Edward Squire, was riding with James Costan and Joanne Chesimard, now known as Assata Shakur — all of whom were armed — when they were stopped by Trooper James Harper for a broken taillight early May 2, 1973, according to the court opinion.
Foerster arrived as backup as Acoli exited the car to speak with Harper and patted Acoli down, finding a gun and ammo.
Chesimard then opened fire, striking Harper in the shoulder and a firefight ensued between the two sides — leading to Foerster’s death.
Acoli was convicted of murder by a jury in 1974 and was sentenced to life in prison, plus 24 to 30 years.
Shakur, who was also convicted, escaped to Cuba, where she remains to this day. She is on the FBI’s list of most-wanted fugitives.