“I deeply wish this law was in force when Acoli was convicted in 1974,” Governor Murphy said in a statement. “Our men and women in uniform are heroes, and anyone who would take the life of a service officer must remain behind bars for the rest of their lives.”
Sofia Elijah, a civil rights lawyer who advocated for Mr Acoli, praised the Supreme Court for “correcting the incorrect application of the law by the Parole Board”.
Ms. Elijah said in a statement: “We appreciate and thank his thousands of supporters from lawyers, individuals and NGOs for briefing on his behalf to protect his freedom; freedom that is rightfully his. We very much hope that Mr. Acoli’s freedom will draw the attention of thousands of elders like him trapped in the New Jersey prison system. “
On May 2, 1973, Mr. Accoli drove a white Pontiac on the New Jersey Highway with two members of the Radical Black Liberation Army, James Costan and Joan D. Cesimard. A police officer, James Harper, stopped the car at about 1 a.m. after noticing a broken taillight.
Trooper Foerster, a married 34-year-old officer who lived in Old Bridge, New Jersey, arrived on the scene as a reserve.
Ms. Cesimard, who was a leading figure in the Black Liberation Army at the time, fired the first shot, according to the trial, starting a shootout between her, Soldier Harper, and Mr. Costan.
During the melee, Mr. Acoli tried to grab the Trooper Foerster pistol, according to the decision.
“In the course of this physical struggle, Acoli claimed that Private Harper shot at him, destroying the top of his head and causing him to faint,” the ruling said. “According to Acoli, when he regained consciousness, the body of soldier Forster was lying on the ground nearby and Acoli fled with Kostan and Cesimard, both badly wounded.
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