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Julio Pinto Gandia, Nationalist leader sedition trial: 1954

Julio Pinto Gandia from New York is shown in a November 1954 photograph. He was a Puerto Rican Nationalist Party leader charged with conspiracy to overthrow the U.S. government.

 

Pinto Gandia publicly defended shootings of U.S. Representatives at the Capitol building saying it was a “spontaneous impulse caused by the refusal of the United States government to give up its control of Puerto Rico and its p e o p l e .”

 

At trial, Pinto Gandia acted as own attorney. The former president of the Nationalist Party’s New York municipal board and reputed head of the party in the U.S. was sentenced in 1954 to six months imprisonment for contempt.

 

As a result of the trial on sedition charges, he was sentenced to six years in prison.

 

Sedition trial:

 

Following the wounding of five U.S. Representatives in the Capitol building March 1, 1954 by four Puerto Rican nationalists who opened fire on them from a visitor gallery, the U.S. government began a series of mass arrests that resulted in two conspiracy trials 1954-55. A third trial took place in Puerto Rico.

 

The four participants in the shooting—Delores Lolita Lebron, Rafael Cancel Miranda, Irvin Flores Rodriguez and Andres Figueroa Cordero—were quickly arrested and convicted in the attack with sentences varying from 16 years to 75 years in jail.

 

But the federal government went further, convening three different grand juries, summoning 91 Puerto Ricans and bringing indictments against 17 members of the Puerto Rican Nationalist Party for “seditious conspiracy to overthrow the United States government by force.”

 

The four charged in the shootings were also among the 17 charged with conspiracy.

 

The indictment alleged that the defendants were “active members, leaders, officers or persons in control of the Nationalist Party of Puerto Rico, which is charged to be an organization dedicated to bringing about the political independence of Puerto Rico from the United States by force of violence or armed revolution.”

 

In effect, the government was using the same strategy it was using to break up the U.S. Communist Party during that period. If you were an active member of the Nationalist Party, you were guilty even if you committed no illegal acts yourself.

 

Four of those charged turned state’s evidence and gave testimony against the other defendants.

 

At the first month-long trial in October 1954, much of the evidence against the group consisted of testimony by police or informers of speeches given by Nationalist Party leaders who had used slogans like, “Throw the Yankees out at pistol point,” “give your life and property for independence,” and saying that President Harry Truman “could be hanged in a place in San Juan.”

 

Many of the speeches dated prior to the 1950 attempted armed revolution in Puerto Rico by the Nationalist Party that was defeated and for which many party members were jailed in Puerto Rico.

 

Defense attorney Conrad J. Lynn charged the government sought “proscription of a dissenting political group because of its ideas.”

 

Julio Pinto Gandia, a defendant who was acting as his own counsel and was the alleged leader of the group in the U.S., told the court that the party, founded in 1922, was not “a band of terrorists” and that any violent actions arose out of individual “despair.”

 

The most sensational specific testimony came from one of those indicted who turned state’s evidence--Gonzalo Lebron Sotomayor, brother of Delores Lolita Lebron who was the leader of the four shooters.

 

Lebron Sotomayor testified that Pinto Gandia told him there would be attacks on Congress, President Dwight Eisenhower and the Puerto Rican Resident Commissioner in Washington, but could not say how the plans would be carried out.

 

Other specific testimony involved another of those indicted who turned state’s evidence. Angle Luis Medina testified he had purchased a number of pistols and three carbines in Chicago at the direction of a party leader who told him “to be ready in case of a revolution” to free Puerto Rico.

 

The evidence against most of the defendants committing any specific illegal act was thin.

 

U.S. Attorney J. Edward Lumbard summed up the case saying that the Nationalist Party had supplied the pistols used in the U.S. Capitol shooting and a 1950 attempt to assassinate President Harry Truman and that each of the 13 defendants had their “moral fingerprints on the guns” used.

 

Lumbard further told the jury that the government did not have to prove that the defendants were part of a conspiracy to overthrow the U.S. government—only that they had conspired to overthrow the authority of the United States in Puerto Rico.

 

The defense called five witnesses to testify that the Nationalist Party did not advocate overthrow of the U.S. government and only sought total independence for Puerto Rico.

 

Lynn told the jury that the government was trying “proscription of a dissenting political group because of its ideas.”

 

Pinto Gandia had earlier sought dismissal of the indictments against the four shooters as double jeopardy and because the government, “intended to bring the guilt of the four defendants upon the other defendants by association or inference.”

 

He added, “it is not a crime to preach and work for the freedom of a nation and that membership in the Nationalist Party itself did not indicate anyone was part of a conspiracy.

 

The jury deliberated only a few hours before finding all the defendants guilty.

 

Two weeks after the verdicts, more arrests took place and a second trial scheduled.

 

The trial of 11 other Nationalists took place February-March 1955 and followed the same lines as the first trial, except that Lebron Sotomayer gave additional details to his earlier testimony.

 

Ten of the 11 were found guilty. Serafin Colon Olivera, 28 of New York, was acquitted. Testimony had indicated he was a Nationalist Party member in 1949 and attended a Nationalist dance in 1953.

 

Those found guilty in the two trials received sentences ranging from 18 months to six years in prison. Appeals failed.

 

In Puerto Rico, Nationalist Party leader Pedro Albizu Campos hailed the attack as “sublime heroism.” The governor revoked a previous pardon of the party leader and he was arrested after a shootout and imprisoned.

 

Charges were placed against 15 party members on the island, however 12 were acquitted at trial in late 1954. The three found guilty were sentenced to prison terms ranging from 3-10 years.

 

Albizu Campos’ health suffered badly in prison where he suffered a stroke in 1956 that left him unable to talk or walk. He was pardoned in 1964, but died a few months afterward.

 

The Nationalist Party was all but dead as a result of the U.S. trials and by suppression by authorities in Puerto Rico, although it continues to exist today.

 

First trial sedition trial in 1954:

 

Jorge Luis Jimenez, sentenced to six years imprisonment

Manuel Rabago Torres, sentenced to six years imprisonment

Rosa Collazo, sentenced to six years imprisonment

Juan Bernardo Lebron, sentenced to six years imprisonment

Juan Francisco Medina, sentenced to six years imprisonment

Armando Diaz Matos, sentenced to six years imprisonment

Julio Pinto Gandia, sentenced to six years imprisonment

Carmelo Alvarez Roman, sentenced to six years imprisonment

Jose Antonio Otero Otero, sentenced to six years imprisonment

Andress Figueroa Cordero, one of 4 convicted shooters, sentenced to additional six years imprisonment

Rafael Cancel Miranda, one of 4 convicted shooters, sentenced to additional six years imprisonment

Dolores Lolita Lebron, one of 4 convicted shooters, sentenced to additional six years imprisonment

Irvin Flores Rodriguez, one of 4 convicted shooters, sentenced to additional six years imprisonment

 

Second trial in 1955:

 

Juan Hernandez Valle, Puerto Rico, sentenced to six years imprisonment

Maximino Pedraza Martinez, sentenced to six years imprisonment

Santiago Gonzalez Castro, sentenced to six years imprisonment

Esteban Quinones Escute, sentenced to four years imprisonment

Angel Luis Arzola Velez, sentenced to four years imprisonment

Antonio Herrera Moreno, sentenced to four years imprisonment

Carmen Dolores Otero Torresola, sentenced to four years imprisonment

Pedro Aviles, sentenced to four years imprisonment

Julio Flores Medina, sentenced to 18 months imprisonment

Miguel Vargas Nieves, sentenced to 18 months imprisonment

 

Those who turned state’s evidence:

 

Gonzalo Lebron Sotomayor, suspended sentence

Francisco Cortez Ruiz, suspended sentence

Carlos Aulet, suspended sentence

Angel Luis Medina, suspended sentence

 

Acquitted at May 1955 trial:

 

Serafin Colon Olivera

 

For more information and related images to the 1954-55 conspiracy trials of the Puerto Rican Nationalist Party, see flic.kr/s/aHskRMRawC

 

For more information and related images to the 1950 attempted assassination of President Truman and the 1954 wounding of five U.S. Representatives, see flic.kr/s/aHskghBC71

 

The photographer is unknown. The photo is believed to be a mugshot. The image is courtesy of the D.C. Public Library Washington Star Collection © Washington Post.

 

 

 

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Uploaded on February 11, 2019
Taken sometime in 1954