Barrington NH
May 25, 2004
by Paul Pat Morse

Political Prisoner Simunyu finally free.

Scottford Simunyu tasted his first breath of air beyond prison walls in 2 1/2 years recently when he was released from jail by the United States Immigration Service.
Simunyu, who had fled his native Zimbabwe after the assassination of his father in 1984, put it simply, "Freedom feels good". His release was obtained through the efforts of his family, friends, Seacoast Peace Response in Portsmouth, and the generosity of people from all over New England.
The former BAE Systems employee was arrested by the INS in September of 2001 at a time when many immigrants were being rounded up for minor visa violations. Simunyu, who had an expired visa, applied for political asylum before Immigration Judge Thomas Ragno fearing that if he were deported to Zimbabwe his life would be in danger. Ragno, infamously known as "The Tarzan Judge", for racist remarks he had made in previous cases, denied Simunyu’s appeal and ordered him held without bail as a flight risk.
Although Ragno has since been removed from the bench for his courtroom behavior, his decision about Simunyu’s fate still held. Simunyu was taken to Rockingham County House of Corrections in Brentwood, NH, where he remained for the next two years. During that time he appeared before Judge Ragno on at least six occasions pleading his case. Each time Ragno sent him back to jail with the news that there was not enough evidence yet to warrant his release.
I met Scottford Simunyu at RCHC in September of 2003. I had been sent there by Portsmouth District Court Judge Sharon DeVries for refusing to pay a fine stemming from my non-violent civil disobedience action in Market Square the previous spring. That action was taken in protest of the war in Iraq.
I appeared before Judge DeVries for trial. She found me guilty of disorderly conduct and ordered me to pay a fine of $240. When I refused to pay the fine she sentenced me to 12 days in RCHC.
I met Scottford during my second day at the jail. He was concerned about what had happened to me and was incredulous that I had been jailed for my action.
When he told me his story I also felt disbelief that something like this could happen in my country. I knew that all is not well on the home front and that human rights are being violated. But I was moved very personally by what had happened to Scottford.
Here was a man who was gainfully employed, contributing to society, had a family, and his whole life had been turned on its head. He lost his job, his freedom, and his family. Everything. In a few short minutes all was gone. And why? He had harmed no one. He didn’t sell drugs. He robbed no man nor did he commit any violent crime. Yet he was sentenced to an indefinite period in prison with no chance at bail by an Immigration judge who acted arbitrarily and capriciously.
How can one man do this to another with no one saying a word? If there is a criminal in this case it is former Judge Thomas Ragno. A man who is the ultimate abuser of power. Yet, Ragno did not operate in a vacuum. His colleagues knew of his behavior. Prosecutors knew of his behavior. Defense attorneys knew of his very outrageous behavior. But none would move to stop him. And so Scottford Simunyu spent 2 1/2 years of his life answering to the whims of this man.
While I was in jail I told Scottford that I would work on his case when I was released and shortly after I got out I sent word of his plight over the Internet and through Seacoast Peace Response, an organization I belong to. I asked for volunteers to work on the legal aspects of his case and also asked for donations to pay his mounting legal fees and other expenses.
The response was immediate and strong. A third year law student at Boston College, Michael Goldman, volunteered to work with Scottford’s lawyer at the time, John Udo. Goldman wrote the brief petitioning the INS for a new hearing.
As that brief was being written donations started pouring in with another volunteer, Bob McElwain, at the helm of fundraising. In all, over $2500 has been raised to date and more is coming in weekly.
The INS finally responded to the brief asking for a new hearing and set a date for one. At that point Scottford sought out a new lawyer as well. William Joyce, a former immigration judge, was willing to take over the case and he assigned his associate Chris Lavery to represent Scottford in court.
After a couple of go-arounds in court Immigration Judge Paul Gagnon granted Scottford bail. He set bail at $10,000, which seemed impossibly high at the time. This meant that we had to come up with $2,000 in cash to pay the bail bondsman plus $10,000 in collateral. However, we were able to raise the money and several generous people stepped forward and put up the collateral. Two days later Scottford walked out into the sunshine.
His tribulations are not over. Scottford still faces a hearing in which Judge Gagnon will decide on his application for political asylum. There is also the ongoing attorney’s fees which will amount to an additional $2,000. On top of that the judge ordered that Scottford could not work while his case is pending.
Still, Scottford is a happier man today. Thanks in great part to the outpouring of support from the New England community.

SPR is still asking for donations for the Scottford Simunyu Defense Fund. Any checks can be made out to Seacoast Peace Response (SSDF) and mailed to the address below:

Seacoast Peace Response
PO Box 863
Porstmouth NH 03802

Submitted by Paul Pat Morse

For more info go to: http://www.seacoastpeaceresponse.org

Contact: info@seacoastpeaceresponse.org