86,400,033 petition signatures
Demand Mumia Abu-Jamal gets exonerated!
- Target: President Barack Hussein Obama
- Sponsored by: Jesse Shramenko
On December 9th 1981, Mumia Abu-Jamal was filling out his log sheet when he then heard some shouting along with a police cruiser. As Abu-Jamal continued to fill out his log sheet he then heard what sounded like gunshots. Abu-Jamal then saw people running up and down Locust Street and as he scanned the street he then saw his brother Billy Cook staggering through the street dizzy. When he got out of his cab and ran to his brother; Abu-Jamal was then shot in the chest by a
uniformed cop who turned towards him. Abu-Jamal, after closing his eyes and trying to breathe was then severely beaten and run head-on into a telephone poll. Later on, Mumia Abu-Jamal was accused of murdering police officer Daniel Faulkner and was convicted on that accusation.
Mumia Abu-Jamal possesses an immense amount of innocence factors.
THE PHONY CONFESSION
According to the affidavit of Kenneth Pate, police officers told his
half-sister, Priscilla Durham, that she was part of a brotherhood of police
officers being she was a security guard. Subsequently, police told her that she "had to stick with them and say that she heard Mumia say that he killed the police officer, when they brought Mumia in on a stretcher". As the affidavit goes on, Kenneth Pate then asked Priscilla Durham "did you really hear him say that?" Durham replied "All I heard him say was: 'Get off me, get off me, they're trying to kill me'".
In Police Officer Gary Wakshul's original report, Wakshul claimed "the Negro
male made no comment". Gary Wakshul, before making a PCRA testimony
contradicting his original report, was savagely beaten by undercover police
officers in front of a judge (Wakshul was working as a court crier) with the
motive unexplained to this day.
Officer Stephen Trombetta, who was assigned to guard Mumia Abu-Jamal, made several reports that Abu-Jamal made no confession.
Dr. Coletta, the attending physician at Jefferson Hospital on December 9th 1981, who was with Mumia Abu-Jamal the entire time, says that he never heard Mumia Abu-Jamal speak.
POLITICAL AND JUDICIAL BIAS
Frank Rizzo, previous mayor of Philadelphia, PA lashed out at Mumia Abu-Jamal claiming "They believe what you write, and what you say, and it's got to stop. And one day, and I hope it's in my career, you're going to have to be held responsible and accountable for what you do."
According to the affidavit of Terri Maurer-Carter, the trial judge, Albert Sabo claimed, "Yeah I'm going to help 'em fry the n****r". According to the documentary, "From Death Row: Mumia Abu-Jamal", Albert Sabo referred to Sonia Sanchez, a poet who testified on Mumia Abu-Jamal's behalf, as a "friend of a cop-killer's".
TRIAL FLAWS
Judge Albert Sabo colluded with the prosecutor and the defense lawyer.
Judge Albert Sabo only allowed $150 each to the defense for an investigator, a photographer, a pathologist, and a ballistician. Mumia Abu-Jamal's court-appointed attorney, Anthony Jackson, claimed that Abu-Jamal's case "could not be defended with the limited resources that were available. I presented no expert testimony on ballistics or pathology since no funds were available to retain such experts."
At a 1995 PCRA hearing for Mumia Abu-Jamal, William Harmon, an unconfirmed witness for the defense, was called to testify on the witness stand by Judge Sabo despite the defense's objections. Sabo's only excuse was "well let's see what he has to say".
At Abu-Jamal's 1982 trial, Mumia Abu-Jamal's defense attorney Anthony Jackson objected to Mumia Abu-Jamal not being allowed to be present at Jackson's questioning of certain police witnesses on the record. Judge Albert Sabo replied, "I don't care about Mr. Jamal."
Mumia Abu-Jamal was not allowed to be his own lawyer.
The prosecutor, Joseph McGill, removed 11 out of 13 African Americans from the jury using 10 out of 15 peremptory charges. This gave McGill a 66.7% strike rate of African Americans from the jury in Abu-Jamal's 1982 trial. This is prima facie evidence.
McGill requested that Mumia Abu-Jamal be put to death because of his recent membership with the Black Panther Party.
McGill asked Mumia Abu-Jamal at his sentencing hearing the following:
"Q. Mr. Jamal, let me ask you if you can recall saying something sometime ago and perhaps it might ring a bell as to whether or not you are an executioner or endorse such actions.
'Black brothers and sisters - and organizations - which would not commit
themselves before are relating to us black people that they are facing -- we are facing the reality that the Black Panther party has been facing which is..'
Now, listen to this quote. You've often been
quoted saying this:
'Political power grows out of the barrel of a gun.'
Do you remember saying that, sir?"
McGill's request for Abu-Jamal to be put to death because of his involvement with the Black Panther Party and the previous question had nothing to do with the issue that was at hand; both instances clearly show McGill's bias against Abu-Jamal and the Black Panther Party.
The defense attorney, Anthony Jackson, did not ask Mumia Abu-Jamal what happened the night Daniel Faulkner was murdered and in 1995, at a PCRA hearing for Mumia Abu-Jamal, testified that there were witnesses that he did not interview, in fact Jackson did not interview a single witness. Jackson also admitted in 1995 that his performance was inadequate and incompetent. Jackson also did not have
experience practicing as an attorney in a capital case.
Anthony Jackson admitted to Judge Sabo under oath that he was unprepared for the trial and that he couldn't get along with Mumia Abu-Jamal. Jackson asked to be relieved from the case several times and finally stopped requesting this when Judge Sabo threatened him with contempt of court.
After the trial, Anthony Jackson claimed that there were things he could've and should've done during Abu-Jamal's trial after being asked by a reporter if he [Jackson] "just had a bad client." In the book "The Framing of Mumia Abu-Jamal" by J. Patrick O'Connor, O'Connor asks why Anthony Jackson did not engage in certain practices.
In Anthony Jackson's closing statement, before the jury made a verdict, Jackson asked where they did and didn't have the death penalty.
According to the affidavit of Anthony Jackson, Jackson did not prepare for the sentencing phase of the trial.
Another example of incompetence on Anthony Jackson's part that many Mumia Abu-Jamal supporters cite is that Anthony Jackson found Gary Wakshul's original report too late in the trial and the DA claimed Wakshul was on vacation (even though Wakshul was instructed to remain in his home), in turn Albert Sabo did not allow Anthony Jackson to find Gary Wakshul and have him testify.
PREVIOUS APPEAL DENIALS
The 3rd Circuit Court of appeals denied Mumia Abu-Jamal a new trial, one of the claims that was made before that court by the defense was that Judge Albert Sabo, as previously mentioned, claimed "yeah i'm going to help 'em fry the n****r". The reason this claim was denied was because it was referred to by all three of the judges as "re-opening a claim". This is because Judge Pamela Dembe denied this claim in the past in regards to another appeal forAbu-Jamal.
Judge Pamela Dembe denied the request for a new trial on Sabo's claim before the trial because according to her there was no evidence that Sabo acted in a discriminatory manner. Here however, is an excerpt from the court transcripts that implicates Sabo acting in a discriminatory manner against Abu-Jamal when referring to a juror:
THE COURT: She's a mental case.
MR. McGILL: I don't think she would be charmed by this guy.
THE COURT: She wouldn't be charmed by him.
MR. McGILL: That's one of the reasons I took her.
THE COURT: She'll hang him. But the trouble is I'm afraid she might have gotten some information yesterday.
MR. JACKSON: I agree.
POLICE AND PROSECUTORIAL INTERVENTION
Veronica Jones originally told police that she saw two men jogging away from the scene before police arrived. Testifying in 1982, Jones recanted and denied ever making the statement. However, when Jones was asked if she had talked to the police since her first statement, Jones testified that police had visited her in prison the following month claiming the following:
"They were getting on me telling me I was in the area and I seen Mumia, you know, do it...They were trying to get me to say something that the other girl [Cynthia White] said. I couldn't do that."
Veronica Jones reported that police offered to let her and Cynthia White "work the area if we tell them."
Albert Sabo blocked this from the jury after the DA deemed this part of her
testimony "irrelevant". When testifying on the stand at a 1996 PCRA hearing, Veronica Jones was arrested for a crime that she was already arrested for and was deemed a fugitive.
William Singletary, who saw the entire incident, claimed that his original
statements were ripped up and that he had to sign a statement that the police made for him.
According to the affidavit of Yvette Williams, Cynthia White told her that she was coerced by police.
Pamela Jenkins also testified in 1997 that White told her in late 1981 that she was being pressured into falsely testifying against Mumia Abu-Jamal and that she was scared for her life, and that White was acting as a police informant.
Jenkins also claimed that White told her the same thing months before she
testified to this (this has been a controversial point, as Cynthia White has
been claimed to be dead at that time).
Jenkins also claimed that police tried to pressure her into making false
testimony against Mumia Abu-Jamal.
Veronica Jones also testified at Abu-Jamal's 1982 trial that White was given police favors in return for her false testimony.
Dessie Hightower, in Mumia Abu-Jamal's 1982 trial, testified to seeing a
"running man" flee the scene.
Hightower later claimed that he faced police harassment after he made his
testimony and was even polygraph tested. Hightower passed the polygraph test.
LEONARD WEINGLASS AND GEORGE MICHAEL NEWMAN
During Mumia Abu-Jamal's 1982 trial, a witness named Robert Chobert admitted that Mumia Abu-Jamal did not fit the description Chobert had given the police of a heavyset black man.
At the time of Chobert's interrogation, Robert Chobert originally told police
the night of the shooting that the shooter "ran away". Abu-Jamal was lying on the ground bloody due to a gunshot wound. It was only after further interrogation that Chobert changed his story.
Robert Chobert was driving with a suspended license while on probation for being hired to throw a Molotov cocktail into a school yard. This was blocked from the jury by Judge Albert Sabo, Sabo justified this move claiming that it wasn't Crimen Falsi, a crime of deception.
In a 1995 PCRA hearing for Mumia Abu-Jamal, Robert Chobert admitted he was secretly given favors by the prosecution in exchange for his testimony and was kept under wraps by the police at all times during Mumia Abu-Jamal's 1982 trial.
According to the affidavit of George Michael Newman, Robert Chobert gave Newman information that contradicted his original testimony. Newman claimed that on December 9th,1981 Chobert had actually been parked in his taxi on 13th Street, north of Locust. This contradicted Chobert's trial testimony that he was parked behind Officer Faulkner's police car on Locust St., east of 13th Street. Chobert then told Newman that he didn't see anyone standing over Officer Faulkner firing shots at him. Chobert claimed that what actually happened was that he was sitting in his taxi when he heard gunfire. According to Newman he then "exited
the taxi and saw a Black male standing next to a police car that was parked on Locust, east of 13th Street. The Black male slumped down. Chobert walked toward that area and when he got closer saw a police officer sprawled on his back on the sidewalk and a Black male sitting nearby."
However, according to George Michael Newman, Weinglass didn't call him as a witness and later told Newman that his testimony had been unnecessary because, Weinglass and the legal team "got everything [they] needed" from Chobert's testimony.
When Newman reviewed the transcript of Chobert's PCRA testimony that Abu-Jamal's new attorneys provided, Newman discovered that Weinglass hadn't questioned Chobert at the PCRA hearing about his recantation to Newman of his trial testimony.
Ronald Freeman, brother of Kenneth Freeman, threatened Leonard Weinglass. Ronald Freeman threatened that if Weinglass mentioned Kenneth Freeman, Weinglass would be in serious danger.
According to the affidavit of George Michael Newman, Weinglass told Newman that he was "made fearful by the threat" and that this threat that he received "posed a risk he was unwilling to take."
OUTSIDE PRESSURE REGARDING MUMIA ABU-JAMAL'S CASE
According to the affidavit of Rachel Wolkenstein, a previous lawyer of
Abu-Jamal's, a private investigator had been hired by Mumia Abu-Jamal's
previous lead attorney, Leonard Weinglass. This person's job was to interview current and former Philadelphia Police officers; the private investigator reported hearing of threats that police would "take care" of Abu-Jamal's defense team.
The Fraternal Order of Police (FOP) indirectly pressured Chaka Fattah, a
Pennsylvania politician, because of his support for Abu-Jamal. The president of FOP Lodge #5, Robert Eddis, asked Fattah if Mumia Abu-Jamal deserved a new trial. Fattah answered yes, Eddis then asked Fattah why he didn't sign on to the congressional resolution condemning Saint Denis, France for naming a street after Mumia Abu-Jamal. According to Eddis, Fattah then stated that he didn't sign on because the bill was introduced by a republican. Shortly following that interview, the FOP sent out a letter telling people to not even consider Fattah a candidate for Mayor. The FOP then took the issue to the media with articles published in every major Philadelphia paper.
The FOP and Philadelphia Police Department has also threatened and harassed the owners of "The Philadelphia Clef Club" because of an event that they were going to hold in regards to Mumia Abu-Jamal. Some of their claims in the emails the Philadelphia Clef Club received went like so:
"Any self respecting police officer in Philadelphia should refuse to answer any calls for service at your establishment"
"Since you insist on supporting this piece of trash, I highly recommend that in the future if you find yourself a victim of crime that you DO NOT call 911 for help. Call mumia or MOVE if you cannot support us why then should we support you?"
The event was subsequently re-located to the "AFSC" on 15th and Cherry Streets in Philadelphia, PA.
The FOP has also harassed representatives who didn't vote for anti-Mumia
resolutions.
The NYPD also threatened the owners of what used to be a club known as the "Remote Lounge" because of an event that they were going to hold in regards to Mumia Abu-Jamal called "Mumia 911". The Remote Lounge had to cancel the event.
Police attempted to intimidate Congressman Donald Payne into voting for the house resolution condemning St. Denis, France; Payne voted against it.
Jeremy Syrop, a man who recently did a radio show in the case of Mumia Abu-Jamal on the network known as "WNSR", was harassed by the FOP.
NPR's show "All Things Considered" was going to allow Mumia Abu-Jamal to give a commentary, however due to pressure, particularly from the FOP and senator Robert Dole, the broadcast was canceled.
In March 1995, Mumia Abu-Jamal's first book "Live From Death Row" was published by Addison-Wesley. Subsequently, Daniel Faulkner's widow, Maureen Faulkner hired somebody to drive a plane around the book publisher's Massachusetts headquarters with a banner stating the following "Addison-Wesley supports convicted cop killer".
John Street, one of Philadelphia PA's previous mayors, publicly stated that
Mumia Abu-Jamal had not received justice and suggested that the matter be taken with the NAACP. One of Street's representatives even met with a French Delegation for Mumia Abu-Jamal and gave them awards. Later on, John Street was attacked in the media. Maureen Faulkner made a statement claiming that Street apologized to her and said that Mumia is guilty. Street refused to stand up and correct this statement; he was intimidated and poli-tricked into shutting up.
Angus Love, a Narberth, PA politician, was intimidated into backing away from his position, which was one in support of Mumia Abu-Jamal.
The Ossining chapter of the NAACP a chapter that pushed for the national NAACP resolution for justice for Mumia Abu-Jamal, was singled out and harassed.
There are also an immense amount of people on http://www.youtube.com/ who have claimed that Mumia Abu-Jamal is guilty and have harassed those who claim otherwise.
KENNETH FREEMAN
Pedro K. Polakoff who took photos of the crime scene claimed the following "all the officers present expressed the firm conviction that Abu-Jamal had been the passenger in Billy Cook's VW and had fired and killed Faulkner by a single shot fired from the passenger seat of the car." This opinion was the result of police officers interviewing three other witnesses who were still present at the crime scene.
This opinion was not used by the prosecution.
The passenger in Billy Cook's car was, in fact, Kenneth Freeman.
Arnold Howard testified in a 1995 PCRA hearing for Mumia Abu-Jamal that on several occasions, Cynthia White pointed out Kenneth Freeman as the shooter in a lineup. Although White was not at the scene during the shooting, after the shooting she asked William Singletary what happened.
In a 1995 PCRA hearing for Mumia Abu-Jamal, William Singletary testified to
seeing the passenger of Billy Cook's car emerge from it, shoot Daniel Faulkner, and run away.
Billy Cook, in his 1999 declaration claimed "Freeman told me after that night that there was a plan to kill Officer Faulkner, that Freeman was part of that plan, that he was armed that night and participated in the shooting." In Cook's 2001 declaration, Cook claimed, "Later Poppi [Kenneth Freeman's nickname] talked about a plan to kill Faulkner. He told me that he was armed on that night and participated in the shooting. He was connected and knew all kinds of people. I used to ask him about it but he never said much. He wasn't a talker. I didn't see Poppi for a while after that." Billy Cook also claimed in his affidavit that Freeman was "wearing his green army jacket."
Six witnesses also reported to seeing someone in a green army jacket.
These witnesses are Mark Scanlan, Albert Magilton, Officer James Forbes, Officer Stephen Trombetta, Robert Pigford and William Singletary. Abu-Jamal was wearing a blue-quilted ski jacket and Cook was wearing a blue Nehru-style jacket.
THE ARNOLD BEVERLY CONFESSION
Although the Arnold Beverly confession is not used by Mumia Abu-Jamal's legal team, there are points in the confession that should be taken into
consideration.
*Veronica Jones first told police that she saw two men jogging away from the scene. Coincidentally, Arnold Beverly claimed "I was hired, along with another guy, and paid to shoot and kill Faulkner".
*Arnold Beverly talked about a police officer named Boston, whose existence was confirmed by a testimony from Pamela Jenkins. According to the affidavit of Rachel Wolkenstein, Wolkenstein claimed "the existence of a police officer named 'Boston' was confirmed when reviewing the records of a 1979 federal law suit concerning police brutality in Philadelphia."
*Arnold Beverly claimed "I saw a white shirt", William Singletary claimed to
seeing two police "white shirts" (police supervisors) at the scene. Mumia
Abu-Jamal in his affidavit refers to a police officer in a "white shirt"
*Arnold Beverly passed two lie detector tests.
*Arnold Beverly claimed that Faulkner "was supposed to check something at Johnny D's Bar on 13th and Locust Streets", Maureen Faulkner, in her and Smerconish's book "Murdered By Mumia" writes that Philadelphia Police Officer Ed Frederick who belonged to a stakeout unit informed her that after meeting Daniel Faulkner on Broad and Race streets, Faulkner "had to leave around 2:00 AM or 3:00 AM to do club checks when the bars let out" club checks are explained in the affidavit of Donald Hersing.
*Arnold Beverly claimed to be wearing a green camouflage army jacket.
*Arnold Beverly claimed, "I then stood over Faulkner and shot him in the face, at close range" Robert Pigford, who never testified, told police the night of the shooting that immediately after the shots, he saw a man in an army jacket bent over Daniel Faulkner.
*Arnold Beverly claimed "I had heard Faulkner was a problem for the mob and the corrupt policeman because he interfered with the graft and payoffs made to allow illegal activities including prostitution, gambling, drugs; without prosecution, in the center city area", Billy Cook claimed in his affidavit that the bars were supposed to close by 2:00 AM, but stayed open longer.
Donald Hersing, in his affidavit, explains that he and other officers would pay $75 to uniformed Central Division Officers per week to allow the bar known as "the Morning Glory" to continue serving alcohol after 3:00 AM.
Donald Hersing made payments to Central Division vice officer George Woods. Woods demanded that Hersing allowed vice officers to make periodic arrests at the Vine Street studio (an area where prostitutes would work) in order to keep up the appearance of law enforcement. Woods would provide Hersing advance warning of the planned arrests. Hersing would offer a prostitute up to be arrested. Woods would then demand a payment of $75 to speed up the booking of the prostitutes, Woods told Hersing he would use this money to bribe the booking officer and court personnel to speed up the process and shorten the time the prostitute would spend in jail.
Donald Hersing also talked about how the police would receive sexual favors from
the prostitutes and that "when the police needed a human sacrifice for a
particular club, they got a human sacrifice. "
Finally, Donald Hersing made the following claims in his affidavit in regards to the allowance of prostitution:
"... I heard about a prostitute called Cynthia White, known as Lucky, who worked the street and also went into a rival studio run by a woman named Tracy."
"In February 1983, based largely on my testimony consequent to my work as a CSI, the Federal Grand Jury indicted former Central Division inspector John DeBenedetto and six other, former officers; John Smith, Abe Schwartz, Vincent McBride, and Larry Molloy, on charges relating to conspiracy, bribery and the extortion of money, and other considerations, to protect prostitution and vice activities."
"Working for the FBI from June 1981 to July 1982, I provided monetary payments and other considerations to various Philadelphia police officers in order to protect the prostitution and other vice activities at the 'studios' and after-hours club I operated."
Billy Cook claimed in his affidavit, "I knew Shoemaker. He used to stop by my stand and sit there and smoke weed.".
There were at least three ongoing FBI investigations of police corruption in the Center City area of Philadelphia, PA. According to the article "David Lindorff, Michael Schiffmann: Undermining Mumia's Fight for Freedom" David Lindorff "even notes that Faulkner's FBI files could be consistent with him being an FBI informant..."
*Arnold Beverly claimed "Two undercover policemen were standing on the west side of 13th north of Locust. Also a uniformed police officer was sitting in a car in the corner of the parking lot. They were there while the shooting of Faulkner took place."
Three years before Arnold Beverly's confession, an eyewitness named Marcus Cannon came forward with information that he saw two Caucasian men who appeared to be undercover police officers present on the scene during the shooting of Daniel Faulkner.
LINN WASHINGTON JR. AND THE POLAKOFF PHOTOS
Temple University's Associate Journalist Professor, Linn Washington Jr., made an affidavit claiming that there were improprieties at the crime scene. In Washington's affidavit, Washington testified that the crime scene was unsecured.
12 minutes after the shooting of Daniel Faulkner was reported, freelance
photographer Pedro K. Polakoff took photos of the crime scene. Pedro K.
Polakoff told author Michael Schiffman that the crime scene was "[the] most messed up crime scene I have ever seen." Pedro K. Polakoff also completed 26 pictures of the scene over a 30-45 minute period before the Philadelphia Police Department's Mobile Crime Unit started to take its own pictures.
The Polakoff Photos reveal manipulation of the crime scene evidence and debunk two testimonies, as well as a part of the prosecution's story.
The first testimony is from Officer James Forbes. Forbes testified that he
preserved the weapons in his left hand. The Polakoff Photos show Forbes holding Abu-Jamal's gun and Daniel Faulkner's gun in his bare left hand touching the metal parts of the guns. To view this photo, visit,
http://www.indymedia.org/images//2007/12/897910.jpg
The second testimony was made by Robert Chobert. Chobert testified to be parked in a specific location. The Polakoff Photos reveal, however, that Chobert was not parked there. To view this photo, visit,
http://abu-jamal-news.com/docs/d6csi.pdf
One photograph reveals that Daniel Faulkner's hat on top of Billy Cook's
Volkswagen and another photograph reveals the same hat on the sidewalk. To view these photos, visit,
http://www.abu-jamal-news.com, click on the option "see all photos" and view the photos two photographs on the right.
Part of the prosecutor's story was that Mumia Abu-Jamal fired down at Faulkner several times and missed, and in turn hit the ground. However, the Polakoff Photos reveal that there are no bullet divots in the ground at all. To view this photograph, visit
http://www.poli-tainment.com/Mumia.htm
The Polakoff Photos were offered to the DA in 1981, 1982, and in 1995. However,
at no opportunity did the prosecutors show any interest or respond to
Polakoff's attempts to contact them. These photos also have not been reflected
on by any judge, jury, or legal group, with the exception of Mumia Abu-Jamal's
defense attorney, Robert R. Bryan, claiming "the newly discovered photographs
reveal the fact that the police were actively manipulating evidence at the
homicide scene."
The Polakoff Photos and other evidence has been delivered to Philadelphia's
District Attorney Lynne Abraham, Abraham is still, however petitioning against
Mumia Abu-Jamal for his execution.
U.S. SUPREME COURT DENIES APPEALS FOR MUMIA
Robert R. Bryan, Mumia Abu-Jamal's current lead defense attorney, appealed to
the U.S. Supreme Court establishing to the courts that the prosecution in
Abu-Jamal's 1982 trial persuaded witnesses to lie, sourcing the affidavits of
Yvette Williams and Kenneth Pate. The district attorney then argued that
Abu-Jamal's previous attorneys did not submit that evidence timely or properly,
this reason was used in denying this appeal despite the evidence Bryan used,
that again, establishes a murder trial to be fraudulent.
The U.S. Supreme Court also denied Abu-Jamal's appeal on the Batson issue; it
only took less than one business day for the court to reject Mumia Abu-Jamal's
petition; they didn't even want to review the petition. The U.S. Supreme Court,
however, has been considering the Philadelphia district attorney's appeal to
reinstate Abu-Jamal's death sentence for weeks.
THE MUMIA EXCEPTION
When a Batson claim is made, it establishes that if prosecutorial racism is
instated within a jury selection, then the defendant's constitutional right to
a fair trial under the Equal Protection Clause of the United States
Constitution has been violated and in turn the defendant gets a new evidentiary
hearing. In this hearing the prosecutor has to explain why he/she excluded the
jurors; the reasons must be satisfactory to the judge, if they are not and/or
if it's found out that the reasons were race-related, then the defendant gets a
new trial.
In a Batson claim, one does not need to know the racial composition of the jury
pool.
Mumia Abu-Jamal's Batson claim was denied by two of the judges in the Third
Circuit Court of Appeals, because his lawyers were not able to tell the 3-judge
panel what the racial composition of the jury pool was.
Judge Thomas Ambro of the 3-judge panel, dissented from the ruling that denied
Mumia Abu-Jamal's Batson claim. Ambro claimed that the denial of a preliminary
Batson hearing "goes against the grain of our prior actions.... I see no reason
why we should not afford Abu-Jamal the courtesy of our precedents."
CORPORATE MEDIA: NOT HELPING
Not only has Maureen Faulkner referred to Mumia Abu-Jamal as a "cold-blooded
killer", but Larry Kane has also referred to him as a "common thug."
ABC's 20/20 on Mumia Abu-Jamal in 1998 was such a biased reporting that when
they found out what Veronica Jones had to say, they decided not to interview
her in public and lied on why they refused to interview her in public.
According to the CNN article
"Supreme Court lets Mumia Abu-Jamal's conviction stand" the following is claimed
"Witnesses said Abu-Jamal, who was nearby, ran over and shot the policeman in
the back and in the head. Abu-Jamal, once known as Wesley Cook, was also
wounded in the encounter and later confessed to the killing, according to other
witnesses testimony."
The article fails to mention the following
1.) police coercion of/prosecutorial favors given to witnesses that occurred
(which all witnesses except Cynthia White admitted to)
2.) the affidavit of Kenneth Pate
3.) the affidavit of Yvette Williams
4.) Pamela Jenkins's testimony
5.) Robert Harkins who claimed to have witnessed Abu-Jamal murder Faulkner in a
similar way the prosecution claimed it, changed his testimony so much that the
prosecution didn't use him at Abu-Jamal's 1982 trial.
RICH COSTELLO, MAUREEN FAULKNER, AND MICHAEL SMERCONISH
It is important to note that the FOP and Maureen Faulkner are campaigning for
Mumia Abu-Jamal's execution.
Maureen Faulkner and Michael Smerconish's book, "Murdered by Mumia" has lies
that have been debunked at http://www.partisandefense.com
When on the show on the television network "NBC" known as "The Today Show",
Maureen Faulkner and Michael Smerconish were interviewed by Matt Lauer. Lauer
asked Smerconish a question on the Polakoff Photos, Smerconish did not answer
that question at any point in time during that interview, in fact he asked why
the photos haven't been around for so long and claimed that Mumia Abu-Jamal
innocence factors were "like Christmas on December 25th".
Hans Bennett, founder of the organization known as "Journalists for Mumia
Abu-Jamal" had already covered the point Smerconish attempted to make. Bennett
claimed that Pedro Polakoff didn't release the photographs until 2006 because
he thought Mumia Abu-Jamal was guilty. Bennett then claimed that Polakoff did
go to the District Attorney's office in 1981, 1982, and 1995 with the photos,
and that, as this petition previously points out, he was ignored.
On the Bill Handel show, there was a broadcast on Mumia Abu-Jamal that featured
Maureen Faulkner, Handel asked Faulkner if the witnesses recanted their
testimonies, Faulkner said no. There were witnesses that, in fact, recanted
their testimonies alleging police coercion.
Rich Costello, of the FOP, when debating with MOVE's minister of confrontation
Pam Africa, lied claiming that Mumia Abu-Jamal "never said that he was innocent
of murdering Faulkner" and that Mumia Abu-Jamal only claimed "I am innocent of
any wrongdoing" Mumia Abu-Jamal however, claimed in a video "I am absolutely
innocent of the charge I was charged of. I am absolutely not guilty of the
charges I were convicted of." Abu-Jamal also claimed in his 2001 affidavit "I
did not murder Police Officer Daniel Faulkner. I had nothing to do with the
killing of Officer Faulkner. I am innocent." In his first of many books "Live
From Death Row" Abu-Jamal claims "I am innocent, a court cannot make an
innocent man guilty, any ruling founded upon injustice is not justice. The
righteous fight for life, liberty, and peace can only continue."
OTHER FACTORS THAT SHOULD BE TAKEN INTO CONSIDERATION
Mumia Abu-Jamal's gun was never tested by the police to see if it had recently
been fired. Leonard Weinglass explained that the prosecution never was able to
relate that gun to the actual shooting. Their expert said that the only bullet
removed from the officer was too damaged to be tested to relate it directly to
the gun.
Police officer Captain Jerold Kane of the homicide unit told reporters "initial
tests by police ballistics experts, who compared four bullets recovered at the
shooting scene to test a bullet fired from (Abu-Jamal's) gun proved
inconclusive"
Many sources claim that a homicide cop by the name of Frederick Westerman
included in a medical examiner's report, that Abu-Jamal was shot by arriving
police reinforcements. Westerman however, denied this at Abu-Jamal's 1982
trial.
Part of the prosecutor's story was that Mumia Abu-Jamal shot Daniel Faulkner in
the back and that Faulkner then turned around and shot Abu-Jamal while falling.
This however, has been proven false by pathology claims. The pathology claims
state that Mumia Abu-Jamal was shot in a downward projectile. However if Daniel
Faulkner shot Abu-Jamal the way the prosecution claimed it, it would've been in
an upward projectile.
Another witness named Debbie Kordansky claimed to seeing someone flee the scene;
a total of six people (including Kordansky) claimed to seeing one or men run
away from the scene.
According to the article "Mumia Habeas Filing Exposes Injustice Part 6:
The Hanging Judge of Philadelphia Judge Albert Sabo". Sabo made a PCRA ruling
that "assistance from a ballistician or a pathologist would not have helped the
defense." Sabo justified the dismissal of a pathologist testifying by claiming
that the defense invented the story that, in fact, the prosecution used.
In turn we call upon Barack Hussein Obama to pressure Pennsylvania Governor Ed
Rendell into exonerating Mumia Abu-Jamal.
Dear President Barack Hussein Obama:
We, the undersigned know that when you were introduced by Chris Rock, you claimed "I am running for president because i am tired of reading about Jena, I am tired of reading about nooses, and i'm tired of hearing about a justice system that does not serve justice". We would like to present you with an injustice.The now-governor of Pennsylvania, Edward G. Rendell "promised Mumia Abu-Jamal's execution" when he was running for office. You may or may not know about this, but when George W. Bush was president, a rally was held. A speaker at that rally claimed in regards to Mumia Abu-Jamal "is Mumia Abu-Jamal the real criminal? Or is the real criminal president of the United States, George Bush, who causes thousands of deaths in Iraq? Who is the real criminal?" It is also now known, that the Bush administration encouraged soldiers to torture; how does this not correspond to Rendell, who literally promised that when he took office he would ensure the death of an individual?
This is truly sick, Abu-Jamal has many innocence factors, has many supporters, and is a happy, loving person; he is also a human being; a form of life. We urge you to pressure Governor Ed Rendell into releasing Mumia Abu-Jamal.
To go into the word "justice", in Abu-Jamal's case, the Philadelphia Police Department, a division of the police who administer "justice" coerced witnesses; this happens in so many cases, can't you take a step in the right direction by not allowing bad behavioural things like that to kill a man?
The prison industrial complex is absolutely inhumane; in fact, to share a devastating statistic, while no one deserves to be punished, jailhouse lawyers are punished more than gangsters in the prisons.
It is also bad enough that if you apply the exonerated population to the prison population, you have 524,747 innocent people in jail; how bad is it to have somebody in such an inhumane institution who, what many factors say, didn't even commit the crime he was accused of and had unfair hearings?
We, the undersigned, are not appealing to the United States of America, we are appealing to any iota of humanity within your heart.
Please make the right choice.
Thanks for reading this letter. Your consideration is greatly appreciated.
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