-Caveat Lector- Subject: New evidence in Mumia Abu-Jamal case Date: Sat, 6 Feb 1999 12:40:12 -0500 >Leonard Weinglass reveals critical new evidence in Mumia Abu-Jamal case > >By Jeff Mackler > >Speaking at a January 23 New York City national leadership conference >called to prepare the April 24 mass demonstrations for a new trial for >Mumia Abu-Jamal in Philadelphia, San Francisco, and internationally, >chief legal counsel Leonard Weinglass presented a comprehensive update >on the case that included startling new information further >demonstrating Jamal's innocence. > >Jamal, a journalist, author, leading critic of police violence and >brutality, and internationally known fighter for democratic and human >rights, was framed-up in 1982 on charges of murdering Philadelphia >police officer, Daniel Faulkner. Jamal has spent the past 18 years on >death row, incarcerated 23 hours daily in a tiny cell, while leading a >historic battle for justice and for his freedom. > >Attorney Weinglass, addressing some 70 leaders of the national political >defense effort at the Columbia University gathering, reported on a >recent study done by Professor David Baldus, a leading U.S. authority on >race and the court system. Baldus' 1983-93 study, which includes the >case of Mumia Abu-Jamal, documents the concerted efforts of Philadelphia >District Attorneys to exclude Blacks from juries. Blacks were 5.2 times >as likely to be thrown off juries as whites according to Baldus. In >Mumia's case, the figure rose to 16 times more likely. No other case in >this comprehensive study has such a ratio. Professor Baldus is now >studying the record of Mumia's 1982 prosecutor, Joseph McGill in this >regard. Racism in the selection of jurors is a key point of contention >in Mumia's case since 11 African-Americans were removed. > >Weinglass presented a detailed report regarding new information on the >case that had been obtained by the defense team. An internationally >renowned ballistics expert, Dr. Peter De Forrest, has been hired by the >defense team. De Forrest has discovered critical new evidence including >his assertion that the bullet that killed Police Officer Faulkner was >actually intact as opposed to the testimony of the medical examiner that >it was smashed and broken into two pieces. The defense team has >uncovered evidence that could demonstrate that the actual bullet that >killed Faulkner was switched. > >A former Philadelphia police officer told the defense that such >switching was done all the time. > >Additional information reported by Weinglass relates to the issue of >whether the police knew who Mumia was at the time of the murder. The >police claim that they did not know him. The highest ranking policeman >on the scene, Captain Giordano, reported that Mumia had confessed. His >testimony, however, was not used in the trial because he was indicted >for massive corruption and plead guilty in federal court. Giordano was >the ranking officer at Benjamin Franklin H.S. when Mumia led the fight >there to rename the school Malcolm X. Captain Giordano also headed the >unit in the police action against MOVE headquarters in 1978. > >Police officer Forbes, who found Mumia's gun at the scene, also knew who >Mumia was. This new information offers the defense a powerful argument >for discovery, that is, to demand access to the huge files the police >admit to having on Jamal yet refuse to turn over to the defense. >Previous defense efforts to access these and other files, have been >denied. The new evidence opens new legal avenues for such discovery. > >Weinglass presented some stunning information related to Mumia's alleged >confession. Priscilla Durham, the security guard at the hospital, who, >some two months after the alleged murder, reported that Mumia had >confessed his guilt as he lay in the hospital, is dead. > >Durham claimed at the 1982 trial that she reported this confession to >another police officer, Bartelli, one day after the murder. It appears >that Bartelli, also, is dead. > >And finally, another security guard who reported that he heard a >confession, is also dead. > >A detailed report was presented by Weinglass on an individual who was >reported to be on the crime scene who may have been the person who >actually killed police officer Daniel Faulkner. A driver's license had >been found in Faulkner's clothing. The police had arrested the owner of >the license, who, while able to prove that he was not on the murder >scene, stated that he had given his license to this person. Two months >after the murder this same person was arrested on other charges. He was >found to be in possession of a 22-calibre weapon which might have been >capable of firing a bullet with a copper jacket similar to the one found >on the crime scene. The copper-jacketed bullet could not have been fired >by either Officer Faulkner's gun or Mumia's gun. Jamal defenders have >long argued that the above information, known to the police at the time, >was illegally kept from the defense. It was not presented at Mumia's >1982 trial. This fact alone provides a substantial legal basis for >throwing out the entire 1982 trial. The new information adds further >weight to that demand. > >It is beyond the scope of this report to present the details in the >above matters. I would summarize by concluding that the defense team has >amassed critical evidence that reinforces Mumia's 18-year assertion of >innocence and repudiates the police-orchestrated frame-up. The key fight >today is for a new trial that will allow the introduction of this >evidence and open the door to Mumia's freedom. > >Weinglass reviewed several new executive orders signed by President >Clinton in regard to U.S. obligations to implement certain foreign >treaties that relate to the death penalty and other issues that may well >impact on Mumia's case. He indicated that legal options in the arena of >international law and treaties would be explored. > >A comprehensive assessment of the status of the legal proceedings was >also presented by chief legal counsel, Weinglass. He stated that the >legal team will shortly file a limited writ of certiorari before the >U.S. Supreme Court. The writ will only deal with the issues of Mumia's >physical exclusion from part of his trial and Judge Albert Sabo's >denial of Mumia's request to serve as his own counsel. Weinglass >indicated that he does not expect the Supreme Court to agree to hear the >case. While it is impossible to predict the time the Supreme Court will >rule, Weinglass speculated that a decision could be rendered before >March or April 1999. > >A negative Supreme Court ruling will likely trigger the signing of a >second death warrant by Pennsylvania Governor Thomas Ridge. The warrant >will set a date for execution 30 days after the date of signing. >(Technically, Governor Ridge could have signed a death warrant by >January 29, or 90 days after the state Supreme Court ruled, but >Weinglass did not believe Ridge would do so.) The Governor will likely >operate on the fact that Judge Sabo's original 1995 stay included a >provision making it operative through the U.S. Supreme Court. Sabo is >the "hanging judge" who has sentenced more people to death row than any >other in the U.S. and who presided over the 1982 trial. > >Following the likely rejection of the writ of certiorari, the legal team >will immediately appeal the October 29, 1998 Pennsylvania Supreme Court >negative ruling to the Federal District Court, the first court in the >three-tiered federal judiciary system. The single judge assigned to take >responsibility for the appeal is extremely important, according to >Weinglass, since there is a range of judges, from conservative to >liberal, who might make critical decisions in the matter. This judge >will have the power to overturn Judge Sabo's findings and order a new >trial. In the alternative, he could reject the appeal in its entirety, a >grave option that would be immediately appealed to the Court of Appeals, >Third Circuit. > >The Federal District Court could decide the matter by June or July, or >perhaps September, 1999. The Court of Appeals could decide the matter >by late 1999 or early 2000. > >A negative decision in this court would be appealed to the U.S. Supreme >Court which rarely reviews such cases unless there is major >constitutional issue involved. This time the appeal to U.S. Supreme >Court, if necessary, will likely include the full record of the case. > >If the U.S. Supreme Court rules against Mumia, the decision as to his >execution reverts to Governor Ridge. Mumia will not file an application >for clemency because this requires an admission of guilt. Weinglass >reported that Mumia maintains his innocence. He will never change this >position. > >Weinglass discussed in detail the likely negative impact on all federal >Appeals of the 1996 Effective Death Penalty Act, the Clinton-signed >legislation that severely restricts federal courts from reviewing the >issues of fact decided in state courts. The new law requires federal >judges to defer to the facts found in state courts, in this case the >"facts" found in Judge Sabo's court. This too, will likely be challenged >by the legal team. > >The Pope's visit to the U.S. next week, according to Weinglass, will >include strong statements opposing the death penalty. This can only help >in Mumia's case. Although Pope John Paul will not mention Mumia >directly, Weinglass reported on previous discussions with Vatican >officials on Mumia's case and the open reception it received. > >Weinglass concluded his remarks by affirming that while every detail of >the legal fight will be attended to, Mumia's life truly rests in the >hands of his supporter's capacity to build the kind of mass force in >society that cannot be denied. He stated that the upcoming April 24 mass >mobilizations in Philadelphia, San Francisco, and internationally are a >central element in this regard. > > >The Mobilization to Free Mumia Abu-Jamal >3425 Cesar Chavez St. San Francisco, Ca. 94110 >415-821-0459 Fax: 415-821-0166 > >-- > DECLARATION & DISCLAIMER ========== CTRL is a discussion and informational exchange list. Proselyzting propagandic screeds are not allowed. Substance—not soapboxing! These are sordid matters and 'conspiracy theory', with its many half-truths, misdirections and outright frauds is used politically by different groups with major and minor effects spread throughout the spectrum of time and thought. That being said, CTRL gives no endorsement to the validity of posts, and always suggests to readers; be wary of what you read. CTRL gives no credeence to Holocaust denial and nazi's need not apply. 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