The Hajj Womack Case

STILL IN CAPTIVITY: LITTLE HEADWAY MADE IN HAJJ WOMACK CASE

By SAEED AHMED

With the continued denial of bail and little hope of an imminent trial, Morehouse alumnus Hajj Womack remains incarcerated at the Fulton County Jail for what is now his fifth month.

Womack, a 1994 Honors graduate in History, was imprisoned December 8, 1995, on 97 counts of felony. The charges against him stem from 17 armed robberies of fast-food restaurants between December 1994 and May 1995.

Since the arrest, Womack's attorneys have petitioned for bail twice, but were turned down. An arraignment hearing was held March 8, 1996, where Womack pleaded "not guilty" on all counts.

The trial is next, but Prosecuting Attorney Shawn LaGrua does not expect the case to come to court soon.

"The problem is with the court's scheduling," LaGrua said. "The Olympics are starting, and since we expect the trial to last four to six seeks, I'm not sure the Court will allow it to start before then."

Early last month, a third appeal for Womack's bail was filed -- this time, to the Georgia Court of Appeals.

"I am confident [this Court] will overturn the last two rulings," said Attorney Harry Bowden, one of two lawyers working on Womack's case pro bono. "Hajj's right to liberty is being violated and he is being held unconstitutionally."

Many believe Bowden has valid reasons to make such an assertion.

The United States Constitution stipulates that in order to deny a defendant bail, the Prosecution has to prove evidence of additional crimes being committed if he is released. The Appellant, on the other hand, needs to indicate roots in the community.

Transcripts of the February 2, 1996, bond hearing show that whereas Womack's attorneys presented 23 character witnesses on his behalf, the State offered no evidence. The appeal for bond was turned down even after the Court was informed that Womack would be assured residence, employment and enrollment at Clark Atlanta University, if granted bail.

"At the hearing, we clearly showed that we carried the burden of proof to entitle Hajj to a bond," Bowden said. "But the court erred by relieving the State of its burden of persuasion."

LaGrua disagrees.

"Mr. Womack is not residing in Atlanta currently, and the Defense did not put up any ties to Morehouse," she said. "So the threats [of additional crimes and of flight] still remain if he is released from custody."

Womack's case is one that has drawn nationwide attention. Many believe this 22-year-old could not have committed the crimes, given his record of scholarship and service.

At Morehouse, Womack was a Research Assistant, a Phi Beta Kappa nominee and a volunteer tutor, among other things. At the time of his arrest, he was pursuing a Ph.D. in History at the University of Michigan, Ann Arbor, and according to Dr. Earl Lewis, his Graduate Advisor, was doing very well.

"I would just as soon think that I committed the crimes before I would believe [he] did," said Dr. Alton Hornsby, Chair of the Morehouse History Department. "There are far too many inconsistencies for Hajj to have been involved at all."

Among the "inconsistencies" cited, are the following:

-- Womack was away at a History conference in Louisiana during one of the alleged robberies. On another, he was participating in the College's commencement exercises.

-- While the Prosecution contends there are witnesses who can place Womack at the scene of the crimes, he has yet to face a police line-up.

-- Although the State has conceded Womack may not have been physically involved in each of the 17 incidents, the counts of armed robbery, aggravated assault and possession of firearm for those still stand.

Some students insist there is also a fourth "inconsistency": Womack is charged with robbing the same establishment and the same witness three times in three consecutive months.

"It just doesn't make sense," said Junior Biology major Kelven Goodridge. "You just don't go back and rob the same place over and over."

With such gray areas surrounding Womack's involvement in the robberies, some believe the real reason behind his incarceration is his membership in the Five Percent Nation, which the Georgia State law recognizes as a "gang."

LaGrua has contended Womack committed the crimes to fund the activities of the organization.

"[He] belongs to a sect whose primary goal is to overthrow the establishment by robbing fast-food restaurants," she once said.

But Morehouse Professor Larry Crawford thinks it is "unjustified" to accuse Womack of charges based on his association.

"A lot of [people] are condemning Hajj based solely upon his organizational affiliation," the Sociology instructor said. "Since when does your participation on an organization, by default, make you guilty of a crime?"

Womack's family insists that is what happened in this case. They believe Womack was incriminated by his roommate, a fellow Five Percenter, who was also arrested.

"This is a case of 'guilt by association'," said his mother, Franchine Womack-Stuart. "Just because his roommate was one of the people arrested, they [the State] assumed Hajj knew all about it, and so he must have been involved. How can you hold him responsible for his roommate's actions?"

While Womack remains imprisoned in the maximum security section of the Fulton County Jail, letters and contributions of support continue to pour in from colleges and universities across the country.

A Defense Fund set up to help alleviate Womack's legal fees has grown to about \$10,000, according to Secretary-Treasurer Dr. Marcellus Barksdale.

"We are emboldened and encouraged by the support we have received from students," he said.

The Fund has estimated that if Womack is granted bail it will be set at a minimum of $100,000.

"It is therefore imperative that the level of awareness among students grows and they continue supporting the cause," Barksdale added.

Meanwhile, visitors who have been allowed to see Womack agree he is not letting the experience "break his spirits."

"He's doing fine under the circumstances," said Attorney George Lawson, who will represent Womack at the trial. "Hajj contends he is innocent but he also understands his case has to be tried."

"He is anxiously waiting. He knows he will have his day in court."