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In that trial, jurors found prosecution witnesses "contradictory and not credible...." Although a mass arrest was made, one defendant was acquitted. None of the others were tried, and all those held were released.
Prior to both incidents, FBI agents had targeted Conway, later discovered through a Freedom of Information Act (FOIA) request. Various letters and other documents identified him as a BPP member through efforts of a "highly sensitive source who is of continuous value to the Bureau" - aka an informant. The same memo confirmed that from November 1969, the Baltimore Police coordinated BPP surveillance activities with the FBI.
Conway's Trial
No physical or other evidence linked him to the officer's killing, and Conway to this day maintains his innocence. Yet at trial, he was denied his choice of counsel and right to defend himself, was forced to use a prosecution appointed attorney, and unwisely chose a political, not a criminal defense that might have acquitted him. In addition, the lawyer spent only 45 minutes with him prior to trial, and during proceedings "often appeared to be intoxicated. (Apparent from the transcript itself is the lawyer's inadequate and inappropriate demeanor in the afternoons, following lunch recess.)"
The prosecution relied mainly on an informant's testimony, Charles Reynolds, "placed....in Conway's cell under suspicious circumstances and against (his) written protests to the guards." He was convicted for assault, and contrary to Conway's claim, said he confessed.
Another officer responding to the shooting provided the only other evidence, saying he "followed a man who seemed to be acting suspiciously" near where the suspects were arrested.
He identified Conway only after being shown photos, at first recognizing no one. When given new ones with only Conway's repeated, he picked him. A more reliable lineup was never used.
Charles Reynolds had been imprisoned in Maryland, but at the time was in Michigan on forgery charges. He had four previous convictions, served earlier as a police informant, and wrote to Baltimore police from Detroit offering his testimony again in return for help with Michigan's Parole Board.
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