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STUDENT  ESSAY                FEATURE





              There are also aspects of the Evans case that   But he was held responsible for leading a group   white jury of seven women and five men. When
            suggest the validity of a not guilty verdict. First,   of mostly troubled teens and young adults to   Evans’ counsel requested a retrieval due to a non-
            during the shootout there was an eyewitness who   murder.” How can you convict someone of   diverse jury, the motion was dismissed. Later, it
            stated  that Evans  repeatedly  tried  to bring  the   murder if you cannot prove beyond a reasonable   was also revealed that some jurors joked about
            shootout to a halt by surrendering, but could not   doubt that they shot anyone? During the murder   Evans’ guilt, but the motion was still dismissed.
            reach police. By making this statement, he was   trial, the defense also argued that the violence   “In the aftermath, he faced charges of seven
            suggesting that it was the police who wanted the   was not planned, but spontaneous, and that at   counts of first degree murder, two for each of the
            shootout to continue, and not Evans. Next, it is   least officers were under the influence of alcohol.   three policeman killed and one for the civilian
            worth repeating that there is still no clear evidence   An autopsy provided proof that the officer was   who died.” How can one person be charged on
            as to who fired the first shots. One of the New   intoxicated at the time of the shooting.  seven  counts  for  three  murders,  when it was
            Libya activists testified that the meeting Evans   Despite the conflicting evidence in the   not proven that they even fired a gun? Due to
            called that day was not about arming themselves   Glenville shootout, the fact that Evans’ 6th   this evidence Evans should be found not guilty:
            to attack police, but a black history topic, and   Amendment rights were violated means that he   the jury was all-white during a time when racial
            that no weapons were involved in that meeting.   should have been found not guilty. Throughout   tensions were high, his right to an attorney was
            This challenges the previous statement that the   the process, Evans’ 6th Amendment rights were   not granted, and he didn’t receive a fair trial.
            purpose of the meeting was to arm themselves   violated. Evans repeatedly asked for an attorney,
                                                                                   1   http://images.ulib.csuohio.edu/cdm/singleitem/collection/
            against the police. Furthermore, every witness   but the officers continued to interrogate him   general/id/6349/rec/17, page 18.
            that was called to the testify as to the time when   without an attorney present. His lawyer filed   2   https://www.pbs.org/hueypnewton/people/people_hoover.html
            Evans became armed and his intentions behind   a motion for the trial to be held in a different   3   https://www.smithsonianmag.com/history/complicated-history-
            when he became armed, stated that they did not   location due to the publicity and racial issues   1968-glenville-shootout-180969734/
            identify Evans as the person who shot first, nor   during that time. His attorneys argued that Evans   4   https://www.smithsonianmag.com/history/complicated-history-
            did they support the argument that Evans had   could not receive a fair trial. The biggest issue   1968-glenville-shootout-180969734/
            even shot anyone that evening. In his 2010 thesis   with the trial was that Evans’ 6th Amendment   5   http://images.ulib.csuohio.edu/cdm/singleitem/collection/
                                                                                    general/id/6349/rec/17, page 20.
            from Cleveland State University, Michael Zadell   rights were violated when he was not judged by a
                                                                                   6   https://www.smithsonianmag.com/history/complicated-history-
            wrote, “He was never accused of firing one shot.   jury of his peers. Evans was convicted by an all-  1968-glenville-shootout-180969734/


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            JULY/AUGUST 2019                                                           CLEVELAND METROPOLITAN BAR JOURNAL | 51
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