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John Clutchette

Released
Date of birth:1943
Gender:Male
Race:Black
Era:1970s
State:California
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Black Liberation Soledad Brothers
John Clutchette

Biography

The third of the Soledad Brothers, charged with co-defendants George Jackson and Fleeta Drumgo with the January 16, 1970 killing of Soledad guard John Mills. He was acquitted on March 27, 1972. After his release he was later convicted on an unrelated 1980 California murder charge and has been in custody since.

The Black Panther discussed the challenge to California Penal Code section 4500 and its mandatory death-penalty implications for the Soledad Brothers and Earl Talmage. The report describes pending litigation involving prisoners, not an executed release or a newly imposed sentence. The Black Panther, February 13, 1971, original PDF page 15. Source: https://www.marxists.org/history/usa/pubs/black-panther/06%20no%203%201-20%20feb%2013%201971.pdf#page=15

Contemporary Soledad defense pamphlet

The contemporary Soledad Brothers defense pamphlet reports that Clutchette had been assigned an April 20, 1970 parole date before the Mills prosecution (printed p. 4); printed p. 14 says the parole decision was made December 9, 1969. These are a scheduled parole and a decision date, not proof that he physically left prison on either day. The pamphlet also describes the three defendants being isolated for 29 days after the January 16, 1970 guard killing and describes their February 17, February 24 and March 17 court proceedings (printed pp. 3, 8, 10-11). Those events occurred during existing imprisonment; they do not establish a new initial admission or release date.

Source: Soledad Brothers pamphlet, spring 1970, with May 17, 2019 addendum. The pamphlet is a defense publication; its allegations and legal arguments are attributed to that source.

Angela Davis’s contemporary essay, reprinted in The Black Panther of May 22, 1971, reports that John Clutchette had been continuously held since August 1966, in San Quentin, Tehachapi and Soledad. It describes his underlying second-degree burglary sentence as six months to fifteen years. These are an attributed historical custody-start month and an indeterminate judicial sentence, not a measured completed custody total. The month is not converted to an invented admission day, and no release or current-status field changes.

Original PDF 1973, pages 14.

The defense pamphlet describes eight days of Y-wing cell confinement after the January 16, 1970 Mills killing followed by twenty-one further days of isolation for the three accused, with family communication and counsel cut off. The twenty-nine days describe a restrictive phase within existing imprisonment, not total lifetime custody. It reports February 17 and 24 arraignment proceedings, final arraignment March 17, chains during court and attorney interviews, and a gag order. Defense accusations of racial bias, obstructed witness access and changed crime-scene conditions are attributed claims. The threatened death penalty and proposed June 22 trial are not imposed punishment or a completed proceeding. Later independently established outcomes remain intact. The pamphlet reports an April 20, 1970 prospective parole date and an ordered Chino training-center transfer, not an accomplished release. It says the parole date was given December 9, 1969; those two dates serve different roles.

Soledad Brothers (1970), with Homage to the Soledad Mothers addendum (May 17, 2019), PDF page 4.

Cases

San Quentin State Prison
Charges: Murder of correctional officer John Mills
Arrested: Feb 14, 1970
Sentence: Acquittal did not end his imprisonment on the earlier burglary conviction. The parole board subsequently set a November 13, 1972 parole date; the precise physical-release date has not been independently verified.
Prosecutor: Ed Barnes; William Curtis
Judge: Spiro Vavuris
Convicted: No
Institution State: California
Charges: Earlier stolen-television/burglary prosecution preceding the Soledad Brothers murder indictment.
Sentence: The 1970 pamphlet describes arrest at his aircraft-company job, an interim bail release, rearrest involving unpaid traffic tickets and later conviction leading to Soledad. The defense disputes guilt and describes counsel advising a guilty plea. An April 20, 1970 parole date and ordered Chino transfer were prospective, not accomplished discharge. Exact arrest, admission, release and aggregate actual service remain unestablished. Source: https://freedomarchives.org/Documents/Finder/DOC513_scans/Soledad_Brothers/513.SoledadBrothersPamphlet.AW.pdf#page=5