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Henry Winston

Released
Full name:Henry M. Winston
Date of birth:02. 04. 1911
Date of death:13. 12. 1986
Age:75† Deceased
Gender:Male
Race:Black
Era:1940s
State:New York
Time Imprisoned:
5 Years 3 Months 25 Days
Support
Communism Communist Party USA
Henry Winston

Biography

Henry Winston was One of twelve Communists sentenced under Dennis v. United States.

Henry M. Winston, a leader of the communist Workers' Party, along with eleven other party leaders were found guilty for advocating the violent overthrow of the United States. None of the defendants ever directly advocated to overthrow the government, but the prosecutor claimed that by supporting an ideology that advocated for violence, they also did by extension. The defendants claimed that their First Amendment freedom of speech rights were violated and they served no "clear and present danger to the nation".

They were found guilty and each sentenced to five years in prison and a $10,000 fine. The case went all the way to the Supreme Court who affirmed the lower court's verdict.

White reports that following recapture and imprisonment in the Smith Act case Winston became permanently blind and disabled from a brain tumor which prison officials waited two years to treat adequately. This is the historian’s account of prison medical neglect, without a new custody date or second duration.

Ahmed White, Under the Iron Heel (University of California Press, 2022), physical PDF pages [242] (printed page = physical minus 11); source193 SHA256 7c24fb0ba336fcbf379fb9720f70dcdbf754d796a50dee77b39e38e0f9bd2868.

Cases

FCI Terre Haute
Charges: Conspiracy to advocate violent overthrow of the U.S. government and to organize the CPUSA to teach the same (Smith Act, 18 U.S.C. § 2385)
Arrested: Jul 19, 1948
Sentenced: Oct 21, 1949
Incarcerated: Mar 5, 1956
Released: Jun 30, 1961
Sentence: 5 years (jumped bail; surrendered 1956); commuted by JFK June 30, 1961 after he lost his eyesight in custody from untreated brain tumor
Judge: Hon. Harold R. Medina
Indicted: Jun 28th 1948
Convicted: Yes
Institution State: Indiana
Security: Multi
Charges: Smith Act (18 U.S.C. § 2385) — conspiracy to teach and advocate the overthrow of the U.S. government by force and violence
Arrested: Jul 20, 1948
Sentenced: Oct 21, 1949
Incarcerated: Mar 5, 1956
Released: Jun 30, 1961
Sentence: 5 years plus additional time for bail-jumping
Convicted: Yes
Charges: Contempt / remand during the 1949 Foley Square Smith Act trial.
Incarcerated: June 1949
Sentence: Remanded for the remainder of the trial. Actual detention is expressly described. Exact release and total custody remain unknown; this does not replace the separate 1950s federal sentence. Source: https://scientiarum.fi/wp-content/uploads/2023/06/Savonen-vaitos-B5-final-web.pdf#page=169