ABU-JAMAL NEWS Published by Journalists for Mumia Abu-Jamal, an independent news organization Political Prisoners in the United States SF8 - Leonard Peltier - Hugo Pinell - Ruchell Magee - Omaha 2 Critical Moment for The Framing of Billy Cook And What It Meant For Mumia Hans Bennett Interviews Michael Schiffmann Mumia Abu-Jamal Schiffmann argues that there was never any credible While Black Leadership Is Silent evidence that Cook ever struck Faulkner, and also that Mumia and his son. by Sundiata Sadiq the prosecution’s two alleged eyewitnesses gave unbe- On March 29, 2008, hundreds of Black, white, and lievable accounts of how Mumia approached Faulkner Latino folk gathered at the Adam Clayton Powell Office and allegedly shot him in the back. In the new British Building on 125th Street in Harlem to protest the Third documentary, In Prison My Whole Life, Cook is inter- Circuit Court of Appeals decision denying Mumia viewed for the first time ever on camera, and states that Abu-Jamal a new trial, or even a hearing detailing his he never struck Faulkner, and that right before he was trumped-up murder conviction of Police Officer Daniel Faulkner in Philadelphia 26 years ago. beaten bloody with the police flashlight, Faulkner “was This building was chosen because Congressman kind of vulgar and nasty. And if I remember correctly he Charles Rangel, senior member of the Congressional threw a slur in.... Nigger get back in the car.” Black Caucus (CBC), has his office there. Numerous HB: The events of December 9, 1981 were triggered calls have been made on the CBC to reaffirm their 1995 and 1999 support for Mumia. At this crucial time, by the traffic stop Mumia’s brother Billy Cook was sub- Mumia needs that support once again. jected to by Officer Daniel Faulkner. Later on, Cook The executive director of the CBC, Dr. Joe Leonard, was also charged, not for murder, but for aggravated Pam Africa leads march on July 4, 2002 directed us to stop calling because the CBC has a pro- assault. You are the first author who has written an with Philly City Hall in the background. cedure to follow. He said he would relay these issues extensive analysis of Billy Cook’s trial, and you did that to the proper individuals, and they would get back to us. The chairwoman of the CBC is Carolyn Kilpatrick, in the context of its meaning for Mumia’s murder trial. but given the attitude Leonard displayed, she probably Why is Cook’s case important to Mumia’s? never even received our request to meet with her. Re- MS: In my view, the importance of the evidence – or gardless, no one ever contacted us. She must now hear rather “evidence,” since it is obviously false, contrived from all of Mumia’s supporters. ...CONTINUED ON PAGE 10 ...CONTINUED ON PAGE 2

Ramona Africa and Julia Wright, 2002.

May 17, 2007, Philadelphia, outside Federal Court Building, Photo by Joe Piette, Workers World. April 19, 2008 demonstration for Mumia in Philadelphia, on left at City Hall, on right at the Liberty Bell Philly’s Keystone Kop Follies The Mainstream Media Ignores Police Brutality and Cover-Up “The Framing of Mumia Abu-Jamal” By Linn Washington Jr. By Hans Bennett Despite an important NY Times article written on the The savage beating of three suspects by Philadelphia day of The Framing of Mumia Abu-Jamal’s release in police recently that captured news headlines internation- May, the mainstream media has virtually ignored this ally exposed big problems within the scandal plagued powerful new book which argues in painstaking detail department involving core functions of cops. that Abu-Jamal is innocent and that the actual shooter The beating incident forced Philadelphia Police Com- of Philadelphia police officer Daniel Faulkner was a missioner Charles Ramsey to institute new procedures Puppet of Haymarket anarchist martyr August Spies, man named Kenneth Freeman. The one exception to at San Francisco Mumia demonstration, 2001. for retraining all police officers on permissible use of this media blackout was an article in the Pittsburgh force. Post-Gazette, by Milan Simonich. Instead of ignoring it Ramsey, in an unprecedented move for a Philadel- like the rest of the mainstream media, Simonich chose phia Police Commissioner, quickly disciplined officers to dishonestly present the book, contending that author, involved in that 5/5/08 beating, including firing four J. Patrick O’Connor “is guilty of writing the sloppi- officers who Ramsey determined engaged in impermis- est, most one-sided crime book of the year,” by mixing sible brutality. “recycled conspiracy theories with his own sweeping However, internal Police Department documents pronouncements, most devoid of fact.” about this beating incident expose problems far more For irrefutable evidence of mainstream media bias pervasive than excessive use of force against unarmed against the world famous death-row journalist consid- persons – brutality that routinely occurs outside the ered by many to be a political prisoner, just compare glare of television news cameras. this coverage of Framing to last December’s release of Police documents in this beating case and several oth- Cover of new book by J. Patrick O’Connor. Murdered By Mumia, written by Michael Smerconish ers show that police fail to follow supposedly standard and Maureen Faulkner. ...CONTINUED ON PAGE 4 operating procedures....CONTINUED ON PAGE 9

Philadelphia City Hall, July 4, 2002. May 17, 2007, Philadelphia, outside Federal Court Masked indigenous youth and Philadelphia PD Civil Affairs Captain William Fisher at Rally for Mumia, August 17, 2001. Building. Photo by Joe Piette, Workers World. ...SADIQ continued... struggle for Mumia’s freedom. We must expose these Black Ten months ago, when we contacted Dr. Joe Leonard, his leaders for their cowardice and hypocrisy. Welcome to the third issue of RESOURCES FOR ACTION! response was a familiar one. We were given the same run- Mumia has spoken about this subject, and they want him Abu-Jamal News, published by around over two years ago by the national NAACP’s Dennis silenced. His national radio comments never talk about his Journalists for Mumia Abu-Jamal, FreeMumia.com (NYC, Phila.) Hayes, their national legal counsel and now interim CEO. case but about the oppressed around America. His comments co-founded by Philadelphia journal- FreeMumia.org (SF Bay Area) He wrote us saying the NAACP was too busy to meet with have been diametrically opposed to some Black leaders’ ist Hans Bennett (hbjournalist@ Emajonline.com (EMAJ) us, but instead met with Governor Ed Rendell to discuss positions. One such contradiction is in New York and cities gmail.com) and German author Millions4Mumia.org Mumia’s case. That struck us as odd since Rendell prom- where our people are suffering. In New York, we are facing Michael Schiffmann (mikschiff@ ised to sign the death warrant for Mumia as soon as it came the loss of Harlem to avaricious developers and the Colum- t-online.de). To make a donation to ICFFMAJ’s across his desk. This was his campaign promise when he ran bia University plan to gentrify what we call our beloved Because of all the generous organizing efforts, make your check for governor. When Tookie Williams was facing execution Mecca (Harlem) for Afrikan folk around the world. support we have recieved, we are payable to “National Black United at the hands of the California authorities, the NAACP visited When we look at who is leading this land grab, we find able to print four extra pages this Fund,” specifying for “Mumia Abu- him in jail and even offered him a job with the national Hazel Dukes and certain NAACP chapters in support of this issue, and are focusing on several Jamal Account” and mail to: organization. We applaud that move even though it was not ethnic cleansing of Harlem under the guise of redevelop- other political prisoners, as well as part of their national call, as Mumia was and is. ment. When we pull back the covers, we see Congressman ICFFMAJ, po box 19709, Some of us feel that this was a move by the NAACP to Charles Rangel and David Dinkins, along with various the US prison system itself. Part of this is about spotlighting the CR10 Phila, PA 19143 drum up membership and donations since there were no clergy, supporting this process that threatens “the village of 215-476-8812, [email protected] serious demonstrations by the organization or a national call Harlem as we know it.” conference in September, and the to stop the execution. We also wonder why they have not of- The 2004 resolution in Philadelphia by the NAACP was a Jericho march in October. fered a similar offer to Mumia at a time when such pressure move to silence the Mumia movement because they merely This 4th of July issue introduces To contribute to the legal defense could make a difference. Funny, the NAACP could turn out meant to throw us a few bones. They had no intention of two new authors that will be fea- of Mumia, please make your check 10,000 folk in South Carolina to demonstrate about the Con- dealing with the Mumia issue in any meaningful way. This tured at our website: Kiilu Nyasha payable to the “National Lawyers federate flag flying over the South Carolina capitol building, was evident in Dukes’s statement shortly thereafter, that the and Todd S. Burroughs who both Guild Foundation,” and mail to: but not one demo to stop the execution of Tookie. case of Mumia Abu-Jamal was not a priority of the NAACP. have pieces in this issue. The NAACP also turned out thousands in Detroit to bury The Black leadership took a chapter right out of the Thanks for reading out paper and Committee To Save Mumia Abu-Jamal the word “nigger,” but not one demo to support Mumia. counterintelligence program (COINTELPRO), whose we hope that you enjoy it! P.O. Box 2012, New York, NY 10159 Maybe we should have buried some of our Black leader- predecessor (COM-FIL) carried out infiltration of suspected ship with the n-word. Communist organizations and individuals. One such person Please visit our new website: Write Mumia at: Mumia has strong support among the rank and file of was radical Black leader W.E.B. DuBois, one of the found- Abu-Jamal-News.com working-class people and also such no- ers of the NAACP who created the Crisis Mumia Abu-Jamal tables as former mayor of New York City magazine. He exposed the lynching AM 8335 Journalists for Mumia Abu-Jamal David Dinkins. He is a lawyer and after of hundreds of Black men and women SCI Greene po box 30770 studiously reviewing the case of Mumia, around America. Finally, the NAACP 175 Progress Dr. Philadelphia, PA, 19104 declared his support for Mumia’s freedom. succumbed to the federal government’s Waynesburg, PA 15370 Support also came from other notables demands and kicked DuBois to the curb. in the Afrikan community such as Ossie In spite of the courts that violate their Davis, Ruby Dee, Dick Gregory, Danny own decisions and our rights every day, Glover, and many others in that same vein. these same Black leaders have not stood Support Prison Radio! At the national convention of the up as the NAACP and CBC and said, hell NAACP in Philadelphia in 2004, after no, we ain’t lettin’ this brother Mumia go Visit www.prisonradio.org for all of Mumia’s great pressure from Mumia supporters down like this! radio-essays, along with work by prisoners Dortell outside and inside the convention hall, This is even after Judge Ambro of the Williams, Lori Berenson, Siddique Abdullah Hasan, the NAACP passed a resolution urging US Third Circuit Court of Appeals in his all chapters of the NAACP at home and dissent on a 2-1 decision said that the de- Herman Wallace, and Albert Woodfox. abroad to study the case of Mumia and cision not to hear Mumia’s appeal around **Prison Radio’s mission is to challenge mass incarceration and demand a new and fair trial for our brother. “Batson” was part of a double standard What transpired after the 2004 convention not to hear Mumia out. racism by airing the voices of men and women in prison by bring- was that the only chapter in America (the Ambro’s minority opinion states further ing their voices into the public dialogue on crime and punishment. Ossining NAACP) that brought the resolu- that every other “Batson appeal” that was tion to the national convention, was sus- a reasonable appeal (prima facie) before pended by Hazel Dukes, president of the that court was granted. When looking at New York State NAACP chapter. Dukes Mumia’s appeal, it was more than reason- was earlier convicted of stealing money able but still it was rejected. Rainbow Flags for Mumia from a dying friend who had entrusted DA Lynne Abraham has stated her Duke to handle her estate. Strangely intent to execute Mumia. Surprisingly, Statement of support for April 19 Rally enough, after the controversy of her even after this outrageous decision by Rainbow Flags for Mumia is a co- the freedom of Mumia Abu-Jamal. conviction subsided, Dukes was re-elected the appellate court, we have not heard alition of lesbian, gay, bi and trans On March 27, the Third Circuit in 1999 to her former post. Her re-election a “mumblin” word from the NAACP, has long since been thought of by many members to have Black elected officials, or the CBC. people and organizations that came Court of Appeals denied a new trial been rigged. Brothers and sisters, it is time for us to act. First, let us all together in 1999 to demand a new for Mumia Abu-Jamal. Although In 2005, after we made the NAACP nervous at the call and write these folk ASAP and tell them this decision is trial for Mumia Abu-Jamal. The there is overwhelming evidence national convention in Washington, DC, with our demon- too outrageous for their organizations or individual political following are excerpts from a call proving Mumia’s innocence, this stration and speaking to the membership, Hilary Shelton, affiliations to stand by in silence while this lynching of an issued by RF4M organizers Imani ruling has left Mumia’s only legal lobbyist for the national NAACP, promised to meet with us. innocent man is playing out before the world. Henry and LeiLani Dowell to help options as life in prison without During a visit to his office in Washington, DC, Shelton told Rep. Charles Rangel, 212 862 4490 us that he would get us an audience with at least a couple raise awareness and solidarity with parole or execution by the state of of brothers or sisters in the CBC who would listen to what Dennis Hayes, Interim CEO and President, the Free Mumia rally in Philadel- Pennsylvania. NAACP (National), 410 580 5777 we have to say. Shelton “played us” like his namesake, who phia on April 19. To endorse this But just like the case of South “came under fire” during a landing in Bosnia, because we Rep. Carolyn Kilpatrick, Chair of the call, e-mail RF4Mumia@gmail. African freedom fighter Nelson never got a hearing. Congressional Black Caucus, 202 225 2261 com. Mandela, who was sentenced to life We have seen our legislators and lawmakers become Richard Macintyre, Communication and frightened by the attacks of the Fraternal Order of Police Media, NAACP, 410 580 5787 In 2008, we as LGBT peoples are in prison, we believe we can and (FOP) lobbyist in Washington, DC, whose only purpose outraged that we continue to face will continue to build an interna- is to see that Mumia and other Black people are executed. Dr. Joe Leonard, Congressional Black Caucus Executive Director, 202 226 9776 racist, anti-LGBT violence in the tional movement to free Mumia Congressman Chaka Fattah from Pennsylvania, a Mumia streets, in our homes, at the hands of Abu-Jamal. supporter, fell victim to the FOP, as did John Street, former National Caucus of Black Legislators, 202 mayor of Philadelphia. 624 5457 police and the Immigration and Cus- Mumia Abu-Jamal was a founding If it were not for the working people of these United States [email protected] toms Enforcement agency (ICE). In member of the Philadelphia chapter and the world, Mumia would be dead by now. Those Black 2008, it is a crime that there is still of the Black Panther Party as a teen- leaders in office that pretend to advocate for justice when we Sundiata Sadiq is the former President of the not a cure for AIDS, while we face ager. Years later he began reporting fall in the hands of the injustice system have failed to step Ossining NAACP (in suspension 4yrs) and a devastating cuts in services, health professionally on radio stations, up to the plate. The rank and file people must step up the member of the NYC Free Mumia Coalition. care and research. such as NPR. Known as “the Voice It is an injustice that the eco- of the Voiceless,” Mumia won Media Activism For Mumia nomic rights afforded heterosexual awards for his reporting on police Essay and Cartoon by John Jonik couples are still denied us and our brutality and other social and racial It’s useless to scream out the window or heave families. And just like the major- epidemics that plagued communi- a brick at the TV when you hear or see some ity of workers in the U.S., we are ties of color in Philadelphia and of the outrageous, proudly-biased news spins, incensed by the deepening economic throughout the world. In 1981 he slurs, and outright lies about the Mumia case. …Or when you find zero coverage of important crisis—with increasing rates of un- was arrested and sent to death row events. employment, the lack of affordable for allegedly shooting Philadelphia So, the media must be confronted and in- housing and an exponential increase police officer Daniel Faulkner. formed. I’ve done this for years, on my own, for in foreclosures and evictions, while We know that Mumia remains in several reasons: the Bush administration continues to jail because he is a political leader. * It’s good for us to know that reporters and editors have been duly informed so they can’t spend billions on the occupation of Through his writings, behind say, “No one told us”, and so we will know that Iraq and Afghanistan. the walls of death row, Mumia has stories have been arbitrarily and intentionally Moreover, even our most human shown solidarity with oppressed killed. right to defend ourselves from peoples all over the world. In a 1999 * Reporters and editors seem to often be hon- anti-gay violence is denied, sending statement denouncing recent anti- estly ignorant. At some college papers, staff may not even know about the case at all. I’ve heard more of us to jail, like the Jersey 4, gay murders, including the killing of “what’s a ‘Mumia’?” more than a few times. I young African-American lesbians Matthew Shepard in Laramie, Wyo.; think that the more they learn about things, the who were sentenced up to 11 years Billy Jack Gaither in Sylacauga, better the chance that they may one day realize in prison. We see the Jersey 4 as a Ala.; and Henry Edward Northing- and resent the lies they have been fed by the politically motivated case, centered ton in Richmond, Va., Mumia Abu- FOP and the DA and the rest. Reporters may, at least, become less zealous in defending the on the racist gentrification of the Jamal wrote: “Is it a coincidence prosecution’s positions, and may get just a bit ers, news desks, letters editors, and sometimes columnists. birthplace of the 1969 Stonewall that Richmond, the city where a embarrassed for being part of a lie...a racist, politically-mo- Replies, when they happen, are generally just “thank you for Rebellion, the West Village of New Black man was burned to death and tivated frame up. writing”, period…but it’s hard to imagine anyone admitting York City. decapitated, follows several months they’ve been wrong and that they will mend their ways. * Writing to the media forces you to get the story straight. Despite the racist, anti-LGBT later with the decapitation and tor- You don’t want to offer any Easy Targets for the Other Side Others, such as when confronted with the list of distin- to use against “mumidiots”. Also, having sent many things guished and learned Mumia supporters around the world, oppression we face, it is because ture of a gay man? I think not.” to media outlets, one learns more about the case and how to simply harrumph...and discontinue the discussion about of our movement’s rich history of Rainbow Flags for Mumia calls on word things accurately. Writing is a learning experience. their use of the term “mumidiots”. They will not enter resistance, from the Stonewall Inn to all LGBT organizations and activists * Media have to be reminded, constantly, that this case is debates they know they can’t win. This is why the media do the Compton Cafeteria in California, to endorse and mobilize for April 19 not offer forums to those distinguished and learned support- far from over, and that every day Mumia and all political that we continue to fight for equality and beyond. With legal options ex- prisoners remain in jail increases the crime, outrage and ers…or to Mumia. If Mumia sounded like a raving nut, he’d urgency. be on the air every week. and social justice today. It is with hausted, it is up to us, by any means I do not send anything to Michael Smerconish or to the Interestingly, over 18 or 20 years of letters to editors, I’ve that same righteous rage against necessary, to ensure that Mumia no other hate-jocks on radio (they are impenetrable), prefer- only gotten maybe two angry, obscene (of course), anony- injustice that we as LGBT peoples longer languishes in jail under the ring to send material instead to those who are pretending mous (of course) phone calls. Neither cared to discuss demand the immediate freedom of threat of execution. to be objective, or who may have deluded themselves into details (of course). Can it be that the public, even in Philly, the Jersey 4 and continue to fight for Article copyright Workers World thinking they are...like NPR? I send things to the report- is not as accepting of the FOP spin as we think? Page 2 Abu-Jamal-News issue #3: Political Prisoners in the United States as “Italian” when he was questioned. rightly – says that statistical data to evaluate a This raises the number of jurors whose race claim of discrimination should not be applied The Distortion of Statistics for Political Goals is either given in the July 19, 2006 defense “mechanically,” but rather, in a meaningful way. Analyzing the March 27 rejection of the Batson issue filing (45) or identified in the 1999 habeas So it should be here. By Michael Schiffmann 4 alternate jurors or – in the case of 1 person petition and easily checkable from the record As for the second question, journalist and – peremptorily struck as alternate juror, a matter (another 5) to 50, or 31.8 percent of the entire author Dave Lindorff pointed out right after the which I will come back to in a moment. venire, certainly a not insubstantial percent- May 17, 2007 court hearing that the argument Much has been said in recent months, and age. Looking at the racial composition of these is not only highly speculative but, given the rightly so, about how the 3rd Circuit Court of This leaves us with 45 persons who were either accepted into the jury or struck peremptorily 50 persons, we find 28 percent blacks and 72 concrete conditions in the case at hand, also Appeals in its March 27 decision to deny Mumia percent whites. bordering on the absurd. Abu-Jamal a new trial or at least a hearing on the by either the defense or the prosecution. 12 of these were seated as jurors, 19 were peremptorily None of these data are mentioned anywhere Since in 1982 prospective jury pools were so-called Batson issue – prosecutorial racism in in the March 27, 2008 ruling, not even in Judge (theoretically randomly) drawn from voter lists, jury selection – once more created a new “Mu- struck by the defense, and 15 were peremptorily struck by the prosecution. As the defense states Ambro’s 41-page dissent on the Batson ques- the likelihood of a heavy black overrepresenta- mia law” in demanding that the defense objects tion, even though, to his credit, it must be said tion – say, 50 percent, or 67 percent (the ap- to such racism already at the time of the trial. in a July 19, 2006 filing, 6 of these “were struck by the defense before the prosecutor had an op- that he argues for a new hearing for Abu-Jamal proximate “break-even” point), or 80 percent in In the following remarks, which I hope to even without considering these data. a city like Philadelphia with a black population expand into a fuller study in the weeks to come, portunity to either strike or accept them.” These 45 alone already constitute a sizable Also, very strikingly, the whole 118-page of around 38 percent in 1980 – is very small, I want to concentrate on the second part of court decision fails to even mention any of the since black people nationwide, and in Phila- the court’s ruling on Batson – the one where 28.7 percent of the whole pool of potential jurors questioned during the voir dire process – the statistical data supplied by the defense on a sys- delphia in particular, tended, if anything, to be the court claims to deal with the issue “on the tematic pattern of discrimination by the Phila- underrepresented in the voter registration lists. merits,” i.e., not in a formal but in a substantive so-called “venire.” This is certainly a statistically significant number whose racial composition, if delphia District Attorney’s Office in general or One does not need to be a rocket scientist to fashion. by Abu-Jamal prosecutor Joseph McGill in par- understand Lindorff’s point, and, thinking of In a nutshell, what the court majority claims in known, should allow for reasonable conclusions about the probable racial composition of the ticular, data that went far beyond and supplied the language of Batson, one could even call it a its 77-page part of the whole 118-page deci- background to McGill’s 66.7 percent strike rate prima facie case. sion of the 3rd Circuit is that the defense lacks whole venire of 157 persons. Subtracting from these 45 the 6 persons struck of blacks in Abu-Jamal’s June 1982 trial. the data to lay the prima facie case for its claim But that doesn’t mean that these data are not Some Additional Data that prosecutor Joseph McGill used his peremp- by the defense before the prosecutor could strike or accept them, we are left with 39 persons (24.8 there and were not supplied by the defense. If one tries to go beyond the obvious and tory challenges in a systematic fashion to strike They were just ignored by the court, apparently combs through the data, as I have done in at blacks. percent of the whole venire) where the prosecu- tor had an opportunity to display either racial being to inconvenient. least a preliminary fashion with the transcripts The majority concedes that the defense did In its centrally important July 19, 2006 filing of six of the seven Abu-Jamal jury selection supply data on the so-called “strike rate,” which neutrality or racial bias via the number of black versus white persons he struck peremptorily. The the defense clearly argues, from the known days including data on 134 of the altogether is “computed by comparing the number of number and from the record that considering 157 venirepersons, the picture is very much the peremptory strikes the prosecutor used to remove racial composition of this set of 39 persons, and it alone, should logically be the basis to put the the 39 really relevant venirepersons: same. black potential jurors with the prosecutor’s total the prosecutor struck 71% (10/14 [10 of 14]) 70 (or 52%) of the questioned jurors indicated number of peremptory strikes exercised.” prosecutor’s “strike rate” of 66.7 percent against black persons into perspective, since they, and of the blacks he had an opportunity to strike, where they lived by larger section, such as There is no question here that the prosecutor’s but struck just 20% (5/25 [5 of 25]) of the South Philadelphia, Germantown etc.; some- strike rate – he undisputedly used at least 10 they alone, were the persons against whom he could use peremptory strikes. whites he had an opportunity to strike – i.e., he times they also indicated the neighborhood, out of the 15 peremptories he used altogether to struck blacks such as Roxborough, Nicetown etc., but I have strike blacks, which yields a strike rate of 66.7 What about at 3.6 times the not included these data here. 28 additional ju- percent – is in stark contradiction to what one rate than he rors (or 21%) only indicated the neighborhood. would expect from the racial composition of the these 39 persons struck whites. That is, there are residential data on 73% of city at the time, whose population according to The odds of the 85% (134 of 157) of the venirepersons for the official 1980 census was 37.8 percent black. who together being struck if which I have the voir dire transcripts. But according to the court majority, in order you were black Philadelphia being the racially divided city to properly evaluate this strike rate in the Abu- formed almost a were 2.5-to-1 it was at the time (and still is), the data once Jamal case, data have to be supplied on another (10/4 [10 to 4]), again very strongly suggest what one would statistical rate, the so-called “exclusion rate,” quarter of the whole but the odds of have assumed from the start. 25 (or 36%) of the “which is calculated by comparing the percent- being struck if 70 persons who identified themselves by larger age of exercised challenges used against black venire? In connec- you were white area came from Northeast Philadelphia, which potential jurors with the percentage of black were just 0.25- in 1980 was almost lilywhite. 15 (or 21%) came potential jurors known to be in the venire [jury tion with them I could barely trust my eyes when I read the to-1 (5/20 [5 to 20]) – i.e., a black person’s from heavily black North Philadelphia. Another pool].” odds of being struck were 10 times higher than 12 (or 17%) came from racially mixed South That means that the defense is supposed to March 27 court decision. Buried in footnote 18 on page 47, it says: someone who is white. [Emphasis in original.] Philadelphia – but most of these were Italian, supply data on the race of all the jurors that were Can anyone regard this as a statistical “warp” i.e., white. questioned during the so-called voir dire, i.e., the Abu-Jamal contends the prosecutor had the opportunity to strike thirty-nine venirepersons, or accident? To pose the question is to answer It is similar with the finer grained data for process of the jury selection, which in the case it. If we factor in the 4 white alternate jurors the neighborhoods – they reflect exactly the of Abu-Jamal lasted seven days and accord- of which fourteen were allegedly black, but he does not cite any record support for these that the prosecutor could have struck perempto- same picture of a strong statistical likelihood ing to the Philadelphia Inquirer, June 17, 1982, rily but did not, the picture gets even starker. of a racial composition of the venire similar to involved the examination of 157 jurors (in my numbers. We see no record support for these numbers. These two facts – that the defense has sup- the racial composition of the city as a whole in own files, the transcripts for the next to last day plied statistically significant hard data on the 1980, with a tendency, if any, of black under- of the jury selection are missing, but that number This is stunning. Both the 39 persons who the prosecutor had an opportunity to accept or race of approximately one third (50 out of 157) representation – exactly what one would expect squares well with the rest of the data that I do potential jurors, and that if one compares the from the “prima facie” case made by Lindorff have). peremptorily strike and the additional 6 persons struck first by the defense are given by name, rates with which the prosecutor struck blacks already in May 2007. In demanding these data, the court majority when he could with the rates with which he This is what the record whose alleged absence cites alleged legal precedent which will certainly race and voir dire day and transcript page num- bers on p. 18-20 of the July 19, 2006 defense fil- struck whites when he could, the result one in the defense filings the 3rd Circuit judges de- be ably dealt with by Abu-Jamal’s defense, but finds an almost grotesque disparity where a plore reflects when subjected to an even closer which time and space doesn’t allow to go into ing quoted above. Even if the court were to insist to cast doubt on one or another step in the data black person was at least ten times as likely to scrutiny than the one the defense has presented here. The substantive question, however, is: Why be struck as a white one – these two facts are over the years. I will subject this conclusion should these data even matter? collection in this defense filing, which it doesn’t even try – the contention that the defense “does the two big, big elephants in the courtroom in to further, more exact research and present the The large majority of the jurors in question, this case which won’t go away and are there for results on the 4th of July when this paper hits 107, were struck, not peremptorily, i.e., without not cite any record support for these numbers” is simply absurd. everyone to see but which none of the judges of the streets (check out our website), but one can giving a reason, but “for cause,” and therefore the 3rd Circuit wanted to talk about. say already now that the picture will hardly be their race shouldn’t matter whatsoever: The final In fact, the defense presents solid data show- ing that indeed of these 39 persons, 14 were very different. arbiter of who gets struck for cause and who This Isn’t Rocket Science Even at this preliminary stage, there is over- is left for the parties to either accept or strike black – and that the rest, 25, were white, that is, the composition was 35.9 percent black versus As we have just seen, even if one were to whelming evidence that the court’s speculation peremptorily is the judge, not the prosecutor, and insist, against logic and common sense, that the that prosecutor McGill’s 66.7 percent “strike the whole Batson issue is not about the judge, but 65.1 percent white. This percentage of African Americans is already slightly smaller than their composition of the whole venire, as opposed to rate” against blacks and the fact that a black the prosecutor, and not about strikes for cause, the set of those jurors whom the prosecutor had juror was at least ten times as likely to not but about peremptory strikes. 1980 share in the racial composition of the city, but the prosecutor still used the vast majority, an opportunity to strike or accept, is of tremen- be accepted by him as a white one might be 66.7 percent, of his peremptories to remove even dous importance, the defense has already sup- explained by some purported massive black The Two Elephants in the Room plied significant data that very much indicate overrepresentation in the jury pool is not only Since I’m talking of “elephants” now, some of more of them. Actually, if one wants to talk about “exclu- that composition. In fact, the numbers supplied logically, but also factually wrong. the following is marked in bold. above, taken from defense filings which in turn The whole argument claiming that racial data Of course we know that court rules and prec- sion rates” in the sense defined by the court, the only thing that rationally makes sense is a took them – contra page 47, footnote 18 of the about all 157 venirepersons in the Abu-Jamal edent often defy logic, rationality and mere com- recent court decision – right from the record, case are even relevant to evaluate his Batson mon sense. But in an utterly astounding move, comparison between these two numbers – 35, 9 percent blacks among the set of person where the are hardly surprising. claim about racial discrimination in jury selec- the March 27 court ruling goes even further and Actually at the May 17, 2007 Abu-Jamal tion is transparently illogical and absurd, but proceeds to distort the record, in ignoring or even prosecutor could strike peremptorily and 66.7 percent blacks among the set of persons where he court hearing two questions were brought up everything indicates that once all indisputable expressly claiming the absence of data that the for the first time: (1) Should the composition facts about the venire composition are in, even defense did supply both in its October 15, 1999 did strike peremptorily. Pushing this a little further and factoring in the of the whole venire be regarded as a decisively this last ditch argument to deny Abu-Jamal “on habeas corpus petition and in filings preceding important question, and (2) Could it not be that the merits” relief in the Batson issue will lie the May 2007 Abu-Jamal hearing in Philadel- 6 persons, all white, struck by the defense before the prosecutor could accept or strike them, we there was such a heavy black overrepresenta- in shambles. It will then have turned out as no phia. tion of blacks in Abu-Jamal’s venire that could more than a pseudo-statistical sham to justify a As noted above, 107 of the 157 jurors ques- arrive at still 14 black but now 31 white persons, and the black/white relation is now 31.1 versus possibly justify the prosecutor’s 66.7 percent ruling that the court wanted to reach. tioned during the seven-day pre-trial empanelling anti-black strike rate? of Abu-Jamal’s jury were struck for cause, the 68,9. These 45, all given by name and race in the July 19, 2006 defense filing, were the persons As for the first question, I have already argued Readers in Philadelphia in particu- overwhelming majority for either (1) personal above that a positive answer simply makes no lar, stay posted. Your help might be hardship involved in serving two to three weeks considered for service in the jury itself. As mentioned above, there were also 5 persons sense. If the anti-black peremptory “strike rate” needed to find out still more and on a sequestered jury, (2) doubts whether they of a prosecutor is to be evaluated by context, establish these facts even more could be fair (in my data on six days of jury who were considered as alternate jurors, one of whom was peremptorily struck (by the defense). that context should be the racial composition conclusively. You can contact selection, not one juror said he had a fixed of the set of persons he had an opportunity to Abu-Jamal News via hbjournalist@ opinion that Abu-Jamal was innocent, but many Abu-Jamal’s 1999 habeas corpus petition[1] identifies all of them as white, which is not in peremptorily strike at all, not to the composition gmail.com or my own e-mail ad- had already concluded he was guilty), or (3) op- of the entire venire, the vast majority he could dress [email protected]. position against the death penalty, which was by doubt or even contested in the case of the 4 that were seated, and easily verified in the case of the not strike peremptorily in the first place. no means only constrained to blacks. Court precedent on Batson clearly – and 5 persons were either seated as one of the juror peremptorily struck, who identified himself Abu-Jamal-News issue #3: Political Prisoners in the United States Page 3 The Kansas City Firefighters Case:The Framing of Five Innocent People Written by J. Patrick O’Connor The investigation into the explosion that killed six Kan- sas City firefight- ers on November 29, 1988, had the federal govern- ment running for more than Darlene Edwards Richard Brown G. Frank Sheppard Earl “Skip” Sheppard Bryan Sheppard six years in one #07840-045 #08718-045 #08694-045 #07852-045 #09138-045 Carswell FMC, PO Box 27137 USP Big Sandy, P.O. Box 2068 USP Florence, PO Box 7000 USP Tucson, P.O. Box 24550 USP Big Sandy, P.O. Box 2068 direction – toward Fort Worth, Texas 76127 Inez, Kentucky 41224 Florence, Colorado 81226 Tucson, Arizona 85734 Inez, Kentucky 41224 organized labor – while local police were chasing down rumors responsible for causing the explosion that killed cized. (Bryan had been arrested and charged by would testify that nothing was ever stolen from that implicated a wide array of ne’er-do-wells the firefighters. The reward was posted in all the State of Missouri with this crime in 1989 the site. from Marlborough, the impoverished south- Missouri and Kansas prisons and jails, on a based on the false statements of two jailhouse Using perjured testimony and the alleged east Kansas City neighborhood adjacent to the number of overpasses, and was widely reported snitches. He was released nine months later thefts of construction site materials such as construction site where the explosions occurred. in the news media. Between 60 and 70 convicts when his attorney was able to prove that the explosives, batteries, and walki-talkies, U.S. For reasons the police or the ATF have ever in Missouri and Kansas contacted the ATF in snitches had lied.) Assistant Attorney Paul Becker got a grand jury explained, they chose to ignore the mountain response to the award offer. One of the neigh- Eight days later, in January of 1995, True to indict Bryan Sheppard, Richard Brown, Frank of evidence that pointed directly to the involve- borhood callers told True that Richard Brown orchestrated the arrest of Darlene Edwards Sheppard, Skip Sheppard and Darlene Edwards ment of Deborah and Robert Riggs – the two had admitted being involved in the explosions. on drug charges. True had gotten her stepson, in June of 1996 for causing the blast that killed security guards on duty at the construction site True testified at trial that this call “was a starting Ronnie Edwards, to set her up for the bust in a the firefighters. the night of the explosion – in the crime. point for investigating the Marlborough area.” school zone. In early 1997, a federal jury found all five By 1994 both teams of investigators had Although no two of the informants who sur- In February of 1995, when Skip Sheppard had defendants guilty of causing the deaths of the come to such dead ends that, for all intents and faced would ever tell the same story, much less a court appearance on a charge of transporting firefighters. Judge Joseph Stevens sentenced purposes, the investigation was over. The kill- name the same cast of perpetrators, True eventu- guns across a state line, True appeared in court each of them to life in prison without the pos- ers had escaped the wide net; the most horrific ally focused the investigation on five Marlbor- to request a high bond, alleging that Skip had sibility of parole. All subsequent appeals have unsolved crime in Kansas City history would ough neighborhood residents with shady pasts been threatening Firefighter Case witnesses. been denied. remain unsolved. – four Native Americans: Richard Brown, Bryan U.S. Magistrate John Maughmer released Skip Not one of the convicted had a single thing At this juncture, the local ATF office and the Sheppard, Frank and Skip Sheppard, and Frank on standard bond when True was unable to to do with the explosion. Their crime was that KCPD decided to join forces and conduct one Sheppard’s girlfriend, Darlene Edwards. True identify any such witnesses. they were poor and expendable. Three of the investigation. To accommodate the ATF, the then used entrapment, deception and intimida- On March 14, 1995, The Star ran a front-page convicted passed police-administered polygraph KCPD agreed to replace its Crime Against Per- tion in an effort to turn each of the suspects story saying the government’s investigation tests; Darlene Edwards’s request to be poly- sons investigative team with detectives from its against one or more of the others. was focusing on the Sheppards and Darlene graphed was denied by True, and Skip Sheppard Bombs and Arson unit. This switch would put In early 1995, True also orchestrated coverage Edwards. The story cited possible physical was never asked to take a polygraph. None of ATF Special Agent Dave True in firm, out-of- of the Firefighters Case on the TV series “Un- evidence, “including a two-way radio that may the convicted ever admitted to any personal control control. solved Mysteries.” Two days before the segment have been stolen shortly before the explo- involvement in the crime, nor did any ever take True, nearing retirement but not wanting to aired, The Kansas City Star ran a front-page sion…Some witnesses said the suspects were the Fifth Amendment. None ever requested an retire with the biggest case of his career still story that quoted Richard Cook, the ATF agent stealing construction equipment, while others attorney be present while being interviewed unsolved, had steadfastly maintained that orga- in charge of the Kansas City office, as saying, said they intended to steal dynamite. Some said by the police or ATF. Each of the defendants nized labor was responsible for the explosions. “We’ve identified some individuals we believe the fire was a diversion. Others said it was done turned down numerous government offers to As late as February of 1995 he said on the TV are at least connected to the fire.” for spite.” turn state’s evidence and receive a significantly program “Unsolved Mysteries” that the fire and The day after the “Unsolved Mysteries” This article would become a script for perjury reduced sentence. explosion were consistent with previous acts segment ran, police arrested Bryan Sheppard by many of the government witnesses at both No trial in U.S. history used more convicts by organized labor in the year preceding the on drug charges (selling drugs to an uncover the grand jury and at trial. Over and over again and ex-convicts as government witnesses. Few explosions. officer). When Bryan appeared in court, True the jailhouse informants would claim the trials in U.S. history represent a more concerted Toward the end of 1994, the investigation got was there to argue that a high bond should be set Sheppards were up there stealing construction effort by the U.S. government to frame innocent the jump start it had been seeking after True because Bryan had been threatening witnesses equipment, or dynamite, or walkie-talkies, and people. announced a $50,000 reward for information in the Firefighters Case. No such witnesses were that the fire was a diversion for these thefts. At leading to the arrest and conviction of those ever identified, but the allegation was publi- trial the general manager of the construction site More info: http://zinelibrary.net/kc5/ ...FRAMING continued... The attention photos, Lauer and The Today Show became the coverage by other was massive and almost uniformly absent of any clear exception to the rule. As a result, right- media outlets, but serious questioning of the book’s assertion that wing media critics went crazy with outrage, and instead, the main- Abu-Jamal received a fair trial and that the evi- both Faulkner and Smerconish publicly vented stream media was dence of his guilt is clear-cut. The Philadelphia their anger at Lauer, particularly for his last uniformly silent Inquirer actually featured three days worth of question to Faulkner: “Do you ever allow your- until the dishon- excerpts from Murdered, but would not write a self to consider the fact that perhaps he [Mumia] est May 18 article word presenting any of the criticism of the book didn’t do this?” in the Pittsburgh from Abu-Jamal’s supporters. Following The Today Show, I quickly sent Post-Gazette, by Milan Simonich. Reuters & The Today Show individual emails to all of the same mainstream That day, I submit- On Dec. 4, two days before Murdered’s media folks (both local and national) that I ted a “letter to the release, Journalists for Mumia organized a invited to our Dec.4 press conference, and said: editor,” but it was press conference to present our criticism of the “Hey, this story of the crime scene photos is get- not published. I book, arguing that Abu-Jamal did not receive ting even more credibility! Isn’t this news now? wrote: a fair trial, and that there is evidence of his in- Isn’t it only fair to present the opinions of Abu- Jamal’s supporters alongside those of Faulkner Simonich writes nocence that the court needs to consider. Along that O’Connor with a presentation of the newly discovered and Smerconish?” I then told the media about the slideshow ignores/downplays crime scene photos, our event featured Pam Abu-Jamal’s alleged presentation of the photos I would be giving on Africa (of The International Concerned Family “hospital confes- and Friends of Mumia Abu-Jamal) and local Dec. 8, for which I had contracted the use of the sion.” Actually, this journalists Linn Washington Jr, David Love, and photos so that the media could film the event alleged confession is David Lindorff who passionately argued for the and therefore feature the photos on their news central to the book’s legitimacy of the new photos as an important program. “frame-up” thesis, Not one reporter showed up! because he (like story deserving of media coverage, which they Amnesty Interna- argued was just one more reason that Abu-Jamal The Framing of Mumia tional) sees it as an needs a new trial. If these December events are not proof enough obvious fraud. The Despite my personal invitation to every of the media’s inexcusable bias, just compare “witnesses” allegedly forgot about the confes- The Inquirer featured three days of book excerpts, Philadelphia media outlet I could find, not one this to the abhorrent treatment of The Framing sion for over 2 months! While a hospital security and more. In the interest of fairness and balance single reporter from the local mainstream media of Mumia Abu-Jamal. Faulkner, Smerconish, guard did testify at the 82 trial that she immediately shouldn’t ‘Framing’ be featured in at least one covered our event. The exception was British and other advocates of Abu-Jamal’s execu- reported it to her supervisor, the trial was the very substantive article? journalist Jon Hurdle of Reuters. tion constantly say to “read the transcripts” for first time she mentioned this report, and she actually disavowed the alleged written (and unsigned) report O’Connor’s East Coast Tour Hurdle’s article was the very first mainstream clear evidence of a fair trial and his guilt. Now, J. Patrick O’Connor appeared in NYC on report of the new crime scene photos, and here is a book that is based almost entirely on that the prosecution presented in court. Further, her supervisor was never called to testify! June 23rd and 24th, and in Philadelphia on the his article was cited the following week on the court transcripts, but the author argues that I then submitted a letter to the Philadelphia 25th. He will tour the SF Bay Area in the Fall. Philadelphia’s NPR show Radio Times, and in these transcripts reveal a frame-up of a factually Inquirer, which was also not published: Can the mainstream media continue their an uncharacteristic Philadelphia Weekly article, innocent man! This is not published by a leftist Advocates of Abu-Jamal’s execution always say shameful behavior in reporting of Mumia? which challenged Smerconish and Faulkner’s Abu-Jamal support group, but rather by an estab- to ‘read the transcripts’ for proof of a fair 1982 A century ago, Frederick Douglass said that argument that the Abu-Jamal/Faulkner case is lished publishing house: Chicago Review Press. trial and Abu-Jamal’s guilt. However, O’Connor “power concedes nothing”. We must confront clear-cut. While not cited directly on the con- The most basic notions of journalistic fairness cites the trial transcripts to argue that police framed the media and demand that they stop ignoring troversial Dec. 6 Today Show, by co-host Matt demand that Framing be given equal cover- Abu-Jamal, and that the actual shooter of Officer this important new book. When we flexed our Lauer, Hurdle’s article almost certainly helped age, so that the public can hear both side of the Faulkner was a man named Kenneth Freeman, power last December, and wrote NBC’s Today persuade The Today Show to air the photos and debate and decide for themselves. who was mysteriously found dead in a Northeast lot (reportedly naked, gagged, hand-cuffed, and with a Show to ensure fairness, we were rewarded therefore become the first television show to This media blackout of Framing is even more with a stunning victory. even acknowledge them. scandalous following the May 2nd NY Times drug needle in his arm) the day after the infamous May 13, 1985 police bombing of MOVE. Please help today by urging the national me- By asking Faulkner and Smerconish challeng- article by Jon Hurdle, who also wrote the Dec.4 When Maureen Faulkner and Michael Smercon- dia, as well as our local media outlets, to report ing questions and accurately presenting what Reuters article. Being recognized in The NY ish released ‘Murdered by Mumia’ in December, on this important book. Abu-Jamal supporters were saying about the Times should have been an impetus for more Page 4 Abu-Jamal-News issue #3: Political Prisoners in the United States Critical Resistance 10 Year Anniversary Jericho 10 Year Anniversary March to the U.N., NYC, Oct. 10 Conference, Oakland, CA, Sept.26-28 Marking the tenth anniversary of ing these political prisoners and the National Jericho Movement’s demanding recognition and amnesty An interview with Rose Braz of the CR10 Media Committee important 1998 demonstration, the for them. There are hundreds of The prison abolitionist group, Crtical Resistance (CR) is one about reform to one that includes abolition. NYC march to the United Nations people who went to prison as a result organizing a conference to mark the tenth anniversary of In 1998, while there were numerous people and organiza- is demanding the release of all of their work on the streets against their groundbreaking 1998 conference at UC-Berkeley. tions working around conditions of confinement, the death political prisoners and prisoners of oppressive conditions like indecent Fore more info: www.criticalresistance.org penalty, etc., and in particular using litigation and research war in the US. Their website housing and inadequate or complete lack of medical care, lack of quality Abu-Jamal News: What does “prison abolitionist” strategies; grassroots organizing challenging the PIC was at a www.thejerichomovement.com education, police brutality and the mean? low following the crackdown on the movement in the 1970’s explains the ‘98 Jericho campaign: murder of people organizing for Rose Braz: CR seeks to abolish the prison industrial com- and 80’s. We believe that a grassroots movement is a neces- The organizers who made up the independence and liberation. These plex: the use of prisons, policing and the larger system of the sary prerequisite to change. CR is bringing people together Jericho Organizing Committees people belonged to organizations prison industrial complex as an “answer” to what are social, through our conferences, campaigns, and projects toward the were/are just as diverse as the dem- like the Black Panther Party, La political and economic problems, not just prisons. goal of helping to build that movement. onstrators who came from all across Raza Unida, FALN, Los Machet- Abolition defines both the goal we seek and the way we I also believe the debate has shifted and unlike a decade the United States, crossing the spec- eros, North American Anti-Imperial- trum. The Jericho Movement was do our work today. Abolition means a world where we do ago, abolition is on the table. A prerequisite to seeking any ist Movement, May 19th, AIM, the clear that we had to build a move- not use prisons, policing and the larger system of the prison social change is the naming of it. In other words, even though Black Liberation Army, etc., and ment that left no political prisoner industrial complex as an “answer” to what are social, political the goal we seek may be far away, unless we name it and were incarcerated because of their out there on his or her own again if and economic problems. Abolition means that instead we put fight for it today, it will never come. political beliefs and acts in support we were to succeed in winning this in place the things that would reduce incidents of harm at the AJN: What distinctions do you make between “political of and/or in defense of freedom. struggle against racism, classism, front end and address harm in a non-punitive manner when prisoners,” and others, including non-violent and violent Go to Jericho’s website for and all forms of oppression. harm does occur. Abolition means that harm will occur far offenders? more about the many impor- The March 27, 1998 demonstra- less often and, that when harm does occur, we address the RB: CR focuses on how the PIC is used as a purported tant cases which we did not tion was just the beginning of a causes of that harm rather than rely on the failed solutions “answer” to social, economic and political challenges, and whole new commitment to support- have room to spotlight in this of punishment. Thus, abolition is taking a harm reductionist clearly a big part of the build up of the PIC followed directly issue of our newspaper. approach to our society’s problems. on the political uprisings of the ‘60s and ‘70’s. CR seeks to Abolition means creating sustainable, healthy communities abolish the PIC in its entirety, for us that means fundamen- empowered to create safety and rooted in accountability, in- tally challenging the PIC as an institution. This means that stead of relying on policing, courts, and imprisonment which just as we fight for Mumia to not be locked in a cage, we also Yogi’s Time are not creating safe communities. fight for people convicted of offenses classified as “violent” by Mumia Abu-Jamal AJN: How has prison changed in 10 years? or “nonviolent” by the state to also not be locked in cages. [Col. Writ. 7/30/06] RB: One recent shift is that our denunciation of conditions While acknowledging that people are put in prison for differ- Few of us know the name, Hugo Pinell. inside has been twisted into justifications for expanding ent reasons, we do not make the distinction between people in That’s because the last time it was in the system, particularly through what are sometimes called for “violent” or “nonviolent” offenses because the PIC is not the newspapers was probably in 1971, or “boutique prisons”. an answer to either. 1976, when he was tried as a member of the For example, there is fairly uniform agreement that AJN: Anything else to add? famous San Quentin Six, six young Black California’s now $10 billion-per-year prison system holds too RB: One day, I believe those who fought for abolition will prisoners facing assault charges stemming many people, provides horrendous health and mental health be seen as visionaries. Historian Adam Hochschild notes from battles with prison guards at the notori- care, underfunds and cuts programming and services, and that there are numerous institutions in history that appeared ously repressive California prison. consistently fails to deliver on its promise of public safety. unchangeable and moreover, small numbers of people have Yet that wasn’t the beginning, nor the end Nonetheless, California’s answer to this disaster has been to sparked extraordinary change. of things. Hugo Pinell, 1982 make it even bigger, building more prisons and in particular Until the late 18th century, when the British slavery abo- Hugo Pinell (known as ‘Yogi’ by his friends) specialized prisons – for women, for elderly prisoners, for the litionist movement began, the idea of eliminating one of the came to the US as a 12-year old, from a small town on Nicaragua’s east sick, etc. fundamental aspects of the British Empire’s economy was coast. If he knew then the hell he would face in America, would he have What’s new and more insidious about this expansion is unimaginable. Yet, 12 individuals who first met in a Lon- left the land of his birth? that it has not been couched in ‘tough on crime’ rhetoric that don printing shop in 1787 managed to create enough social We’ll never know. politicians usually employ to justify expansion. Rather, in turbulence that 51 years later, the slave ships stopped sailing He came. And he spent the last *42* years in prison -- 34 of them in response to growing anti-prison public sentiment, these plans in Britain. solitary! He hasn’t had a write-up in 24 years. have been grounded on the rhetoric of “prison reform” and In the US, the first slavery abolitionists were represented Now, his family and lawyer are seeking his parole after a lifetime in some in regard to people in women’s prisons: “gender responsive- as extremists and it took almost a century to abolish slavery. of the most repressive joints in America. ness.” Similarly, many who lived under Jim Crow could not envi- Why so long? Why so many years? The answer, not surprisingly, is poli- One current challenge is to continue to debunk the myth sion a legal system without segregation. tics. Hugo was a student and comrade of the legendary Black Panther Field that bricks and mortar are an answer to these problems and to As Hochschild wrote, “The fact that the battle against Marshall, the late George Jackson, with whom he worked to organize other make common sense that the only real answer to California’s slavery was won must give us pause when considering great Black prisoners against the racist violence and prison conditions of the ‘60s prison crisis is to reduce the number of people in prison and modern injustices, such as the gap between rich and poor, and ‘70s. number of prisons toward the goal of abolition. nuclear proliferation and war” and I would add the Prison Consider this: when Hugo was sent to prison, Lyndon Baines Johnson AJN: How has the anti-prison movement evolved in the Industrial Complex. “None of these problems will be solved was president, bombing in the Vietnam War was intensifying, and Martin last 10 years? overnight, or perhaps even in the fifty years it took to end Luther King, Jr. was still alive! RB: In the last decade, I think the movement has become British slavery, but they will not be solved at all unless Of his introduction to the prison system, Yogi would later write: more coordinated, is growing and has shifted the debate from people see them as both outrageous and solvable.” “In 1964, a white woman accused me of rape, assault and kidnap. I was 19 years old. I turned myself into the authorities to clarify the charges against me which I knew to be falsified. The deputies beat me several times because the alleged victim was white, and the Public Defender and Ruchell Cinque Magee the Judge influenced my mother into believing that I would be sentenced and the August 7th Courthouse Slave Rebellion to death unless I pled guilty. At their insistence and despite my innocence, By Kiilu Nyasha to represent himself against charges of murder, conspiracy I pled guilty to the charge of rape, with the understanding that I would “Slavery 400 years ago, slavery today, it’s the same but with a new to murder, kidnap, and conspiracy to aid the escape of state be eligible for parole after 6 months. When I arrived at the California name”.-- Ruchell Cinque Magee prisoners. Department of Corrections, I was informed that I had been sentenced to three years to *life*.” I first met Ruchell Cinque Magee in the holding cell of the Although critically wounded on August 7, 1970, Magee California’s notoriously unjust indeterminate sentencing has led, in part, Marin County courthouse in the Summer of 1971. I found was the sole survivor among the four brave Black men who to the present prison overcrowding that now threatens to bankrupt the him to be soft-spoken, warm and a gentleman in typically conducted the courthouse slave rebellion, leaving him to be system. California’s prisons are roughly 172% over capacity, and parole is Southern tradition. We’ve been in correspondence pretty charged with everything they could throw at him. a broken, nonfunctional agency. much ever since. “All right gentlemen, hold it right there.we’re taking over!” That’s not just my opinion, but California’s state senator, Gloria Romero I had just returned to California from New Haven, Connect- Armed to the teeth, Jonathan Jackson, 17, George’s, younger (D.-Los Angeles) has called the present regime a “failure,” particularly the icut, where I had worked as an organizer and a member of the brother, had raided the Marin Courtroom and tossed guns to parole system. legal defense team of three Black Panthers, including Party prisoners William Christmas and James McClain, who in turn Despite California Gov. Arnold Schwart- Chairman Bobby Seale, on trial for murder and conspiracy. invited Ruchell to join them. Ru seized the hour spontane- zeneggar’s 2004 promises of major reforms The second trial resulted in a true people’s victory, May 24, ously as they attempted to escape by taking a judge, assistant of the parole system, which would lead to 1971. We had kept the New Haven courtroom jam-packed district attorney and three jurors as hostages in that audacious significant prisoner population reductions, throughout the joint trial of Seale and Ericka Huggins that move to expose to the public the brutally racist prison condi- the incarceration rate has soared. Today, resulted in a hung jury. But the obviously racist judge had to tions and free the Soledad Brothers (John Clutchette, Fleeta there are a record 168,000 people in 33 state dismiss it due to the enormous publicity and state expense Drumgo, and George Jackson). prisons, nearly double the rated capacity. incurred due to huge crowds and tight security. McClain was on trial for assaulting a guard in the wake of As Hugo Pinell seeks parole, California is In my correspondence with George Jackson, author of the Black prisoner Fred Billingsley’s murder by prison officials spending $7.9 billion -- (yeah--with a ‘b’!) bestseller, Soledad Brother: The Prison Letters of George in San Quentin in February, 1970. With only four months be- in the next fiscal year, an increase of $600 Jackson, he had advised me to seek a press card in order to fore a parole hearing, Magee had appeared in the courtroom million a year for a prison system that has visit him at San Quentin. In so doing, I wound up working to testify for McClain. Hugo Pinell, 2001 one of the worst recidivism rates in the na- for The Sun Reporter, a local Black newspaper (byline Pat The four revolutionaries successfully commandeered the tion (60%!). Gallyot), and covering the pretrial hearings of Angela Davis group to the waiting van and were about to pull out of the Clearly, the so-called “Correctional and and Magee. parking lot when Marin County Police and San Quentin Rehabilitation” Department has failed in its Already familiar with courtroom injustice, racism and bias guards opened fire. When the shooting stopped, Judge Harold mission to do both. against Black defendants witnessed in two capital trials, it Haley, Jackson, Christmas, and McClain lay dead; Magee Support parole for Hugo Pinell. 42 years didn’t come as a surprise that Ruchell was getting a raw deal was unconscious (See photo)and seriously wounded as was is more than enough. in the Marin Courtroom where he was frequently removed for the prosecutor. A juror suffered a minor injury. Copyright Mumia Abu-Jamal outbursts of sheer frustration. In a chain of events leading to August 7, on January 13, AJN editors note: Since this essay, Pinell By 1971, Ruchell was an astute jailhouse lawyer. He was 1970, a month before the Billingsley slaughter, a tower guard was denied parole, but is eligible again responsible for the release and protection of a myriad of pris- at Soledad State Prison had shot and killed three Black cap- soon. For more, see www. hugopinell.org oners benefiting from his extensive knowledge of law, which tives on the yard, leaving them unattended to bleed to death: Write him at: he used to prepare writs, appeals and lawsuits for himself and Cleveland Edwards, “Sweet Jugs” Miller, and the venerable Hugo L.A. Pinell, A88401 SHU D3-221 many others behind walls. revolutionary leader, W. L. Nolen, all active resisters in the PO Box 7500, Crescent City, CA 95531-7500 Now Ruchell was fighting for all he was worth for the right Black Liberation Movement behind the ...cont. on pg. 9 Ruchell Cinque Magee Abu-Jamal-News issue #3: Political Prisoners in the United States Page 5 Native Americans participated in the shootout, but only four were charged with killing the two agents: three AIM leaders––Dino Butler, Bob Ro- bideau, and Leonard Peltier–– and Jimmy Eagle. Butler and Robideau were the first to be ar- rested, and at their trial they stated that they had Leonard Peltier fired in self-defense. The jury believed the act COINTELPRO prisoner for 32 years was justified due to the atmosphere of terror that prevailed at Pine Ridge at the time. They were chairman on the reservation, running roughshod By Carolina Saldaña over the will of the traditional elders and chiefs. both found innocent. Native Ameri- The FBI was furious about the verdict and can artist, writer, The puppet Wilson hated the AIM militants and allied himself with the FBI to destroy the dropped the charges against Jimmy Eagle, ac- and activist cording to their memos, “...in order to direct the Leonard Peltier is movement that the agency saw as a threat to the American way of life. His paramilitary group full weight of the prosecution on Peltier. one of the most Meanwhile, Leonard Peltier went to Canada, widely recognized known as the “GOONS” (Guardians of the Oglala Nation) had committed a long chain of believing that he would never have a fair trial. political prisoners On February 6, he was arrested and then ex- in the world. He abuses against the people. On the night of February 27, around 300 La- tradited to the United States due to the statement has spent more of a woman named Myrtle Poor Bear, who said than 32 years kota and 25 AIM members occupied the town of Wounded Knee, joined by several Chicanos, she had been his girlfriend and had seen him fire in some of the at the agents. As a matter of fact, she had never cruelest prisons in the US, unjustly condemned Black, and white supporters. They opposed the murders of Native Americans on the reserva- known him and was not present at the time of the to a double life sentence for the shooting death shootout. In a later statement, she said that she of two FBI agents in 1975. His situation is now tion, the extreme poverty that the people lived in, and the corrupt tribal government. They de- had been coerced into giving false testimony as a aggravated by health problems. result of being terrorized by FBI agents. At the age of 63, he keeps right on struggling manded that the government respect the ancient for the rights of indigenous people from his cell treaties signed with native peoples to protect Two life sentences!? and human rights organizations, members of in the federal prison at Lewisburg, Pennsylva- their territory and autonomy. The only evidence against Leonard Peltier was Congress, community and church groups, labor nia. He’s contributed to the establishment of The next day, General Alexander Haig or- the fact that he was present at the Jumping Bull organizations, luminaries, and celebrities. Even libraries, schools, scholarships, and battered dered an invasion. According to Ward Churchill ranch during the fatal shoot-out. These are just a Judge Heaney, who authored the court decision women’s shelters among many other projects. and Jim Vanderwall in their book Agents of few examples of the injustice of the trial: [denying a new trial], expressed firm support for In Feb. 2008, he was nominated for the Nobel Repression, “In the first instance since the Civil 1. The case wasn’t brought before the judge Peltier’s release. The Peltier case had become a Peace Prize for the fifth consecutive year. War that the U.S. Army had been dispatched who had presided over the trial of Robideau and national issue. in a domestic operation, the Pentagon invaded Butler, but instead before another judge with a On November 7, 2000, during a live radio I am an Indian who dared Wounded Knee with 17 armored personnel reputation for making decisions favorable to the interview, Clinton stated that he would seriously In his autobiography My Life Is My Sun carriers, 130,000 rounds of M-16 ammunition, prosecution. consider Peltier’s request for clemency and make Dance, Leonard explains that his bloodline is 41,000 rounds of M-1 ammunition, 24,000 2. Myrtle Poor Bear and other important a decision before leaving office on January 20, mainly Ojibway and Dakota Sioux and that he flares, 12 M-79 grenade launchers, 600 cases of witnesses were forbidden to testify about FBI 2001. was adopted by the Lakota Sioux and raised C-S gas, 100 rounds of M-40 explosives, heli- misconduct. In response, the FBI launched a major disinfor- on their reservations “in the land known to you copters, phantom jets, and personnel, all under 3. Testimony about the “reign of terror” on the mation campaign in both the media and among as America....but I don’t consider myself an the direction of General Alexander Haig.” Pine Ridge Reservation was severely limited. key government officials. Over 500 FBI agents American.” The operation also relied on 500 heavily -Important evidence, such as conflicting ballistic marched in front of the White House to oppose I know what I am. I am an Indian--an Indian armed policemen, federal marshals, and BIA reports, was deemed inadmissible. clemency. On January 20, the list of clemencies who dared to stand up to defend his people. and FBI agents. They surrounded Wounded 4. The red pick-up that had been followed onto granted by Clinton was released to the media. I am an innocent man who never murdered Knee and set up barricades all along the road. the ranch was suddenly described as Peltier’s Without explanation, Peltier’s name had been anyone nor wanted to. And, yes, I am a Sun The occupation lasted 71 days and ended only “red and white van.” excluded.” Dancer. That, too, is my identity. If I am to after the government promised to investigate 5. The jury was isolated and surrounded by suffer as a symbol of my people, then I suffer the complaints, something that never happened. federal marshals, making jurors believe that AIM Current defense efforts proudly. I will never yield.” The next three was a security The recent efforts of the defense team have Leonard tells us that when he was nine years years were known threat to them. been focused on obtaining thousands of docu- old a big black government car drove up to his as the “reign of 6. Three ments that are still being retained by the FBI, house to take him and the other kids away to terror” on Pine young Native around 142,579 pages according to Peltier’s legal the Bureau of Indian Affairs (BIA) boarding Ridge. More than Americans team which brought a new suit against the FBI school in Wahpeton, Dakota del Norte. When 300 people as- were forced to in Minnesota in March of this year. Of particular they got there, they cut off their long hair, sociated with AIM give false tes- interest are documents dealing with the extent to stripped them, and doused them with DDT were violently timony against which the Federal Bureau of Investigation paid powder. attacked and many Peltier after informants to infiltrate Leonard Peltier’s defense “I thought I was going to die...that place... of their homes having been team. Alleging that the information would reveal was more like a reformatory than a school... were burned. arrested and confidential sources, harm national security and I consider my years at Wahpenton my first During these years terrorized by impede the transnational “war on terrorism”, the imprisonment, and it was for the same crime as more than 60 FBI agents. FBI has refused to release the documents that all the others: being an Indian.” Native American 7. The pros- would reveal their illegal activities on Pine Ridge He goes on to say that “We had to speak people were killed ecutor couldn’t and the continued violations of Leonard Peltier’s English. We were beaten if we were caught by paramilitaries produce a basic human rights. speaking our own language. Still, we did....I armed and trained single witness Petitions are also being circulated urging guess that’s where I became a “hardened crimi- by the FBI. There who could George W. Bush to grant clemency for Leonard nal,” as the FBI calls me. And you could say was also an increase of FBI SWAT team agents identify Peltier as the shooter. Peltier and urging Congress to investigate FBI that the first infraction in my criminal career on the reservation. 8. The government said that a cartridge found misconduct on Pine Ridge and the “reign of ter- was speaking my own language. There’s an act It’s now known, as a result of a suit based near the bodies was fired from the presumed ror” that existed between 1973 and 1976. of violence for you....The second was practicing on the Freedom of Information Act, that AIM murder weapon, and alleged that this was the Furthermore, preparations are now underway our traditional religion.” activities on and off the reservation were under only pistol of its kind used during the shootout for an important Parole Hearing scheduled for When Leonard was a teen-ager, President FBI surveillance and that the FBI was prepar- and that it belonged to Peltier. December of 2008, which should be a focus of Eisenhower launched a program to eliminate ing the paramilitary operations on Pine Ridge a As a result of the Freedom of Information Act an international campaign in the coming months. the reservations and move the people off, giv- month before the shootout at Oglala. suit, FBI documents turned over to the defense There is absolutely no legitimate reason to ing them a small payment. Leonard remembers showed that: continue to hold Leonard Peltier in prison. If he that the words “termination” and “dislocation” Oglala: The fatal shootout is not granted clemency or does not win parole In a situation that was getting worse all the 1. More than one weapon of the type attributed became the most feared words in the people’s to Peltier had been present at the scene. this year, he will not have another Parole Hearing vocabulary. The process of fighting against dis- time, the Council of Elders on the Jumping Bull until 1917. ranch near the town of Oglala asked AIM to 2. The FBI intentionally hid the ballistics report location was his first experience as an activist. showing that the cartridge could not have come On the cultural front, sponsors, donations, and During the 60s, Leonard worked as a farm come back to the reservation to protect them. spaces are being sought for a series of stage pro- Leonard Peltier, along with many other AIM from the presumed murder weapon. worker and, later, in an auto body shop in 3. There was no doubt whatsoever that the ductions of My Life is My Sundance. Co-author Seattle. At that time he got his first taste of members and non-members responded to the Harvey Arden describes the play starring Lakota call and set up camp on the ranch. agents followed a red pick-up onto the territory, community organizing. At the beginning of and not the red and white van driven by Peltier. actor and singer Doug Good Feather, as a “soul- the 70s, he joined up with the American Indian On June 26, 1975, two FBI agents, Jack Coler transforming theatrical experience that is a living and Ron Williams, followed a red pick-up truck 4. Strong evidence against several other sus- Movement (AIM), initially inspired by the pects existed and was withheld. expression of his own words, his own pain, his Black Panthers. onto the Jumping Bull ranch. They were sup- own dreams --as well as the suffering and dreams posedly looking for young Jimmy Eagle, who None of this evidence was presented to the jury In 1972, he participated in the Trail of Broken that found Leonard Peltier guilty. He was given of his People.” To help organize a performance, Treaties, a march / caravan from Alcatraz in was said to have stolen a pair of cowboy boots. see http://www.mylifeismysundance.com. A shootout began between the FBI agents two consecutive life sentences. California to Washington D.C., and also in the Two consecutive life sentences?! How do they In a recent letter Leonard said: “If my case occupation of the BIA in the nation’s capital. and the people in the pick-up, trapping a family stands as it is, no common person has real free- in the crossfire. Several mothers fled the area plan to implement that? Doesn’t the sentence He became a target of the FBI program to “neu- reflect a deep fear of the spirit of Crazy Horse? dom. Only the illusion until you have something tralize” AIM leaders and was set up and jailed with their children while other people fired in the oppressors want....In the spirit of Crazy at the end of the year. self-defense. More than150 FBI SWAT team Bill Clinton helps the FBI Horse, who never gave up.” members, BIA police, and GOONS surrounded A new trial was sought after several of these Let’s not let it stand as it is. The Occupation of Wounded Knee approximately 30 AIM men, women, and chil- abuses came to light. During one hearing, the What will you do? One of AIM’s boldest actions was the oc- dren and opened fire. Leonard Peltier helped a federal prosecutor admitted that “...we can’t cupation of the village of Wounded Knee on the group of young people to escape from the rain prove who shot the agents”. The court realized Write a letter to Leonard: Pine Ridge Reservation, the same place where of bullets. that Peltier could have been found innocent if Leonard Peltier # 89637-132 the US Army carried out its cowardly, infamous When the shootout ended, AIM member Jo- the evidence hadn’t been unduly withheld by the USP Lewisburg, PO BOX 1000 massacre of 300 Lakota people in 1890. seph Killsright Stuntz was found dead, shot in FBI, but a new trial was denied on the basis of Lewisburg, Pennsylvania 17837 Early in the 70s, AIM was getting together the head. His death has never been investigated. technical errors. with the Lakota Indians who were true to their Coler and Williams were wounded during the The former Leonard Peltier Defense Committee For further information, consult the ancient traditions and wanted to hold on to their shootout and then killed at point blank range. stated: page of the new Leonard Peltier culture and their lands. The two agents had in their possession a map “In 1993, Peltier requested Executive Clem- Defense Offense Committee: The BIA, worried about AIM’s growing influ- with the Jumping Bull ranch marked on it. ency from President Bill Clinton. An intensive www.whoisleonardpeltier.info or ence in the area, imposed Dick Wilson as tribal According to FBI documents, more than forty campaign was launched and supported by Native [email protected] Page 6 Abu-Jamal-News issue #3: Political Prisoners in the United States The Omaha Two 3 days of deceit by the FBI and Omaha PD ended search for killers of policeman to instead convict Black Panthers Ed Poindexter and Mondo we Langa By Michael Richardson October 12, 1970, the first day of deceit, would bring William Sullivan’s first public admission On August 17, 1970, an anonymous caller to that he had knowledge of the Omaha case in a the Omaha, Nebraska police emergency hotline rare public speech to a United Press International reported a woman screaming at a vacant house. conference about the Black Panthers where he Eight police officers responded only to find a falsely denied FBI involvement in a “conspiracy” against the Panthers. About Minard’s death, Sul- booby-trapped suitcase instead of a crime victim. Write a letter to BPP prisoners Ed Poindexter # 27767 in the Officer Larry Minard, the father of five young livan would say to the gathered reporters and cor- respondents, “On August 12, 1970 [sic] an Omaha, left photo, and to Mondo we Langa #27768 in the right photo: children, was killed instantly when the suitcase Nebraska State Penitentiary, P.O. Box 2500, Lincoln, NE 68542 bomb exploded in his face. The other seven police Nebraska police officer was literally blasted to officers were all injured in the blast. Minard was death by an explosive device placed in a suitcase nothing about Duane Peak’s being a constant when Swanson carried it up from Rice’s buried three days later on what would have been in an abandoned residence. The officer had been companion of David Rice’s, and the rights basement. At Poindexter’s post-conviction his thirtieth birthday. summoned by an anonymous telephone complaint advisory form she signed indicates that only hearing on may 30, 2007, Pheffer’s testimony The Federal Bureau of Investigation (FBI) imme- that a woman was being beated [sic] there. An Sgt. R. Alsager and Richard Curd were pres- about finding the dynamite in Rice’s basement diately responded to assist the Omaha Police track individual with Panther associations has been ent for her interview. Moreover, her interview was significantly different from his sworn down the killers. However, what wasn’t known at charged with this crime.” did not begin until the very hour police first trial testimony 36 years earlier. On May 30, the time was a secret directive from FBI director J. Sullivan would go on to describe a variety of approached David Rice’s house and was not 2007, Pheffer testified that he was the one Edgar Hoover to “disrupt” the Black Panther Party violent acts for which he blamed the Black Pan- completed until after the decision has been who found the dynamite in Rice’s basement by any means possible called Operation COIN- thers including the deaths of rival group members made to enter his house. The police report at 2816 Parker on August 22 , 1970. Pheffer TELPRO. The joint investigation, with a tainted in California that later would be discovered as of her interview also reveals that she had claimed that Swanson was right behind him agenda under the COINTELPRO mandate, targeted COINTELPRO initiated shootings. Dismissing the seen Duane Peak at about 5:00 p.m. the night and that when Pheffer saw the dynamite, he Omaha’s Black Panther chapter called the National growing body of evidence that there was some sort before. Thus, it simply is not so that Duane became scared and told Swanson that they Committee to Combat Fascism instead of a real of a coordinated national effort against the Black Peak’s family had not seen him in the two needed to ‘get the heck out of here.’ When search for Minard’s killers. Panthers that used illegal tactics Sullivan com- days before they had entered the petitioners confronted with the discrepancy between William Sullivan, Assistant Director of the FBI plained, “Panther cries of repression at the hands of house and is persuasive that Delia Peak’s fam- Pheffer’s sworn trial testimony in 1971 and under Hoover, was the point person and chief a government “conspiracy” receive the sympathy ily did not make a contrary statement. Final- his recent testimony of actually being the architect of the covert COINTELPRO operation. not only of adherents to totalitarian ideologies, but ly, there is no indication in the police reports officer who found the dynamite, Pheffer Sullivan served as Hoover’s screener and selected also of those willing to close their eyes to even the of interviews with Duane Peak’s family prior swore that this trial testimony in 1971 was not Hoover’s daily reading list out of the thousands of violent nature of hoodlum “revolutionary” acts.” to the entry of Rice’s house that they were correct, that ‘the court reporter, somebody got COINTELPRO memoranda and field communica- October 13, 1970, the second day of deceit, concerned that he might have been elimi- it wrong.’” tions that flowed into FBI headquarters each year. would put Omaha Police Captain Murdock Platner nated. On the basis of the entire record before The unknown man who made the fatal Sullivan described COINTELPRO to a Congres- in Washington, D.C. in a committee room of the this court and having heard and seen Lt. Perry call that lured Larry Minard to his untimely sional Committee on Nov. 1, 1975, as an operation U.S. House Committee on Internal Security inves- testify, it is impossible for me to credit his and tragic death was dropped from the case where, “No holds were barred.” tigating the Black Panthers. It would also be the testimony in the respects mentioned.” following the three days of deceit in October Sullivan’s “no holds barred” policy was in effect date of a confidential memorandum from the Spe- Sergeant Jack Swanson testified at the mur- 1970 because his existence interfered with the when a decision was made and jointly-implement- cial Agent-in-Charge of the Omaha FBI office to der trial that he went down to the basement story told by killer Duane Peak and further in- ed by Omaha Police and the FBI Special Agent- J. Edgar Hoover stating: “Assistant COP GLENN and found the dynamite. Sergeant Robert vestigation would only undermine the state’s in-Charge to let the unidentified caller who had GATES, Omaha PD, advised that he feels than any Pheffer backed up Swanson saying he first case against Ed Poindexter and Mondo we lured Larry Minard to his death go free rather than uses of this call might be prejudicial to the police saw the dynamite when Swanson carried it Langa, the COINTELPRO targets. Raleigh endanger a plan to convict two Panther leaders, Ed murder trial against two accomplices of PEAK and, upstairs. Pheffer testified he never went down House, the supplier of the dynamite did one Poindexter and Mondo we Langa (then known as therefore, has advised that he wishes no use of this in the basement. night in jail before being released on his own David Rice). The two leaders had been COINTEL- tape until after the murder trials of Peak and the At an Omaha court hearing in May 2007 in recognizance. Peak, the confessed bomber PRO targets for two years before the bombing. two accomplices has been completed.” Poindexter’s bid for a new trial, Pheffer testi- served 33 months of juvenile detention and The story lay hidden for years behind a secrecy The COINTELPRO memo continued, “[N]o fied that his trial testimony was not correct was released stamp at FBI headquarters in a COINTELPRO further efforts are being made at this time to secure and that he, not Swanson found the dynamite. Ed Poindexter and Mondo we Langa are file and buried in little-known and long-forgotten additional tape recordings of the original telephone The dynamite was never seen in the base- serving life sentences at the maximum secu- testimony to the U.S. House Committee on Internal call.” No more recordings, no more voice analysis, ment by anyone else and only first appears in rity Nebraska State Penitentiary in Lincoln. Security. Three days of deception in October 1970 and no more search for the identity of the anony- an evidence photo pictured in the trunk of a Both men deny any involvement in Larry that led to one of Minard’s killer’s going free are mous murderous caller. police squad car. Robert Bartle, Poindexter’s Minard’s murder. The Nebraska Supreme documented in records now available to the public. In May 2007, voice analysis expert witness Tom attorney describes the contradictory testimony Court is reviewing Poindexter’s request for a Within days after the bombing, a 15 year-old Owen testified about the sophisticated tests he in an appeal brief to the Nebraska Supreme new trial. No date has been set for a decision dropout, Duane Peak, was identified as the bomber. performed on a recording of the emergency call in Court where the case is now pending. sometime this fall. Peak named a former Panther, Raleigh House, as a bid by Poindexter for a new trial. Owen testified “At Poindexter’s trial, Sgt. Swanson testi- the supplier of the dynamite and admitted to mak- before Douglas County District Court Judge Rus- fied that he found dynamite in Rice’s base- Michael Richardson wrote his sell Bowie that to a “high degree” of probability ing the fatal call that lured Minard to his death. ment at 2816 Parker and that Sgt. Pheffer was first article on the Omaha Two Police stretched out the interrogation for days as the voice was not that of Peak. also in the basement when Swanson found it. October 14, 1970, the third day of deceit, would in April 1971 for the Omaha Peak gave a half-dozen different versions of the Contrary to Swanson’s trial testimony, Pfeffer Star newspaper. His recent crime. Finally, Peak told the investigators what again find Captain Platner in a Congressional com- testified at trial that he (Pheffer) never went series of articles on this case they wanted to hear, that NCCF leaders Ed Poind- mittee room but this time under oath and testifying, down into Rice’s basement and that he (Phef- exter and Mondo we Langa helped him build and falsely, about the source of the dynamite that killed fer) first saw the dynamite found by Swanson is online at OpEdNews.com. store the bomb. his fellow officer. Despite Peak’s repeated asser- But there were problems with the official version tions that Raleigh House, the man with the get-out- of the case. House, the supplier of the dynamite, of-jail-free card, supplied him with the dynamite was never formally charged or prosecuted for his and testimony against House several weeks earlier role in the crime, raising suspicion that he was at his preliminary hearing, Platner boldly made a a COINTELPRO informant. House spent one sworn false statement to the committee about the explosives to name Mondo we Langa instead of Spaccoby Successo Il Niente Capo night in jail and was released on his own signature without posting any bond. The whereabouts of House. Philadelphians remember Police-Commis- on appeal) to over 110 years on charges of Raleigh House today are unknown. “Duane Peak, a16-yearold boy who was arrested, sioner-turned-Mayor Frank Rizzo’s motto: “devastation and sacking” (“psychic co-par- Further, the voice of the deadly caller was that of testified in a preliminary hearing. It is from this “Spacco il capo,” Italian for “Break their ticipation” for those to whom no criminal act a middle-aged man, not that of a 15 year-old, leav- preliminary hearing you are bound over to the heads,” a practice enforced in Genoa, July could be linked) and collectively fined over ing an unidentified accomplice on the loose. Poin- district court to stand trial. In the preliminary hear- 18-22, 2001: 300,000+ protesters against the 2.6 million euros. The Diaz School survivors dexter and Langa, both in their 20’s, were never ing he testified that David Rice [Mondo we Langa] Group of Eight summit met a walled, evacu- were exonerated on May 12, 2003, days after suspected or accused of making the call. Peak’s brought a suitcase filled with dynamite to his house ated, and shuttered city under martial law. charges against police officer Mario Placa- older accomplice was still on the loose because or to somebody’s house, I’m not for sure just which In the ensuing police violence, Carlo nica, who shot Carlo Giuliani, were dropped. Peak, apparently to protect the older male caller, place; that they removed all the dynamite from the Giuliani was killed, 329 were arrested (most On June 26, 2008 Amnesty International continued to maintain he made the fatal phone call. suitcase except three sticks, made the bomb, the vaguely charged with “criminal association,” again condemned Italy for its refusal to Shortly after the bombing, Omaha detectives triggering device, and so on, and put it together; hypothesizing an international “black bloc” legally recognize torture as a crime. Newly- rushed a tape of the emergency call to FBI head- and then packed the suitcase with newspapers and conspiracy), and hundreds were beaten, many returned Prime Minister Silvio Berlusconi quarters for vocal analysis. Police also made plans that he left with this suitcase.” maimed. In the Bolzaneto military barracks, of the self-described “Post-Fascist Coali- with the FBI to analyze other voice samples in an But Platner was not the only member of the activists were tortured for days. In the Diaz tion,” has passed a law declaring amnesty for effort to identify the unknown caller. Omaha Police Department that would give false school, 93 unresisting activists were surprised himself, on bribery charges, and, incidentally, At Peak’s preliminary hearing in September he sworn testimony in the case. The questioning of in their beds and beaten bloody, at least also for the 44 police and prison officials persisted in his claim that he made the emergency the killer’s family and Delia Peak, simultaneous 60 hospitalized and at least three critically expecting judgment on July 21, 2008 for call and that House supplied the dynamite. How- with the police search of Langa’s house, led to injured. Military/police attacks on union, abuses in Bolzaneto and the 29 police offi- ever, if the voice on the tape was not that of Peak Lieutenant James Perry’s false testimony in court media, and legal offices and social centers cials facing trial on July 3, 2008 for the Diaz the case against Poindexter and Langa, built upon to justify the search. U.S. District Judge War- have continued for years since. School “massacro”; it now awaits only the the claims of Peak, would unravel. Assistant Chief ren Urbom best tells the story of Lt. Perry’s false Seven years later, trials continue and some President’s signature. of Police Glenn Gates conferred with his COIN- sworn statements. activists may remain in pretrial detention. Military order is the rule of the day, just TELPRO liaison, the Special Agent-in-Charge of “Lt. Perry’s testimony that Delia Peak told him Results have been mixed. On April 24, 2008, in time for 2009 G8 summit, once again, in the Omaha FBI office that led to deceit that would that Duane Peak, Edward Poindexter and David after years of proceedings, charges against 13 Italy. Financial support, translators and com- seal the fate of Poindexter and Langa and let the Rice were constant companions is in no way cor- activists accused of “subversive association” munity response are still urgently needed. deadly caller walk away from the murder. roborated by the remainder of the record before were dropped. Yet on December 13, 2007, More at www.supportolegale.org me. The police report of her interview reveals 24 activists were jointly sentenced (now Abu-Jamal-News issue #3: Political Prisoners in the United States Page 7 but right after 9/11 they were deputized as Homeland Security agents and given a huge fed- eral budget to reopen the dormant investigation. The SF Eight Emboldened by their new position and em- The Freedom Archives By The Committee for the powered by a seemingly endless flow of money, An Interview With Claude Marks Defense of Human Rights the pair began roaming the country interrogating these eight men, their spouses, relatives, friends, The San Francisco Eight (SF8), former ex-wives, employers (current and former), neigh- members and associates of the Black Panther bors and associates. They asked them strange Party for Self Defense, were charged in 2007 questions like “do you know any white people?” with murder and conspiracy from 36 years ago! But when they appeared at the homes of Bow- They range in age from 58 to 73 and have been man and Taylor the nightmares from 1973 came employed in various professions including rushing back. Being re-confronted by their licensed electrician, building engineer, real estate torturers was a harsh reminder of how insidious appraiser and community court judge. They are political repression is in the United States. well respected in their communities and deeply When attempts by federal prosecutors failed loved by their families. They are husbands, fa- to yield an indictment McCoy and Erdelatz thers, grandfathers and great-grandfathers. Her- prevailed upon newly elected California State man Bell, Jalil Muntaqim (aka Anthony Bottom), Attorney General, Jerry Brown, to take up the Ray Boudreaux, Richard Brown, Hank Jones, prosecution. In their efforts they carefully cir- Richard O’Neal, Harold Taylor and Francisco cumvented the San Francisco District Attorney’s Torres, are known as the SF8. Office. Still supported with a federal bankroll the They are staunch supporters of Mumia Abu- prosecution was revived by Brown. Jamal and firmly urge his release from prison. The men were harassed and subpoenaed to fed- Claude Marks is the director of The Free- ing of torture and indeterminate imprisonment The SF8 realize that Mumia, like so many targets eral and state grand juries for the next few years. dom Archives (www.freedomarchives.org), a in Guantanamo, the extraordinary rendition of COINTELPRO, is innocent and could not and They were required to give fingerprints, DNA San Francisco-based organization. Through programs and secret prisons, the mass impris- did not receive a fair trial. samples and eventually held in civil contempt the website and email listserves it provides a onment of largely Black and Brown people, the “The FBI and COINTELPRO are relevant to for their refusal to give testimony before a state valuable resource documenting revolution- ongoing repressive presence of police in com- the SF8 case as COINTELPRO is a continuum grand jury. ary struggle and police state repression. munities, and the denial of the release of many through today’s Phoenix Task force,” argued Jalil Upon their release from jail on the contempt, Abu-Jamal News: You are a former political prisoners who have served decades Muntaqim’s lawyer, Daro Inouye. The Phoenix they founded an organization, The Committee political prisoner. Tell us about your case. inside cages. Task force is a multi-agency force that is difficult for the Defense of Human Rights (CDHR), to Claude Marks: My co-defendant, Donna It is our job to re-build a movement that will to formally define. It is known that it includes continue their work. As members of CDHR they Willmott and I were indicted in an escape confront them and make them look bad. They the US Attorney, the FBI, local police agencies traveled around the country speaking at various conspiracy involving Puerto Rican Indepen- act with perceived impunity when they defy including the SFPD, and the venues and sharing their stories. dentista, Oscar Lopez, who was serving time human rights laws, scoff at the Geneva conven- California Department of Jus- With the help of supporters they in USP Leavenworth on charges of seditious tions, wage wars throughout the world justified tice. It is the umbrella organiza- created a DVD entitled “Legacy conspiracy. The case was part of an ongoing by their own lies, and belittle the violence and tion that has reopened this case, of Torture” and planned its set-up by the FBI, involved a snitch inside the human suffering that they are responsible for. empanelled various Grand Jury premier for late January 2007 in prison, and clearly targeted the Puerto Rican The international communities perceive this, investigations and is overall San Francisco. Five days before Independence movement and its supporters. but we have a special role to play within these responsible for this 36-year old the planned showing, they were We and a collective of folks were underground borders - to be part of holding the misrulers Panther prosecution. arrested, charged and held on $10 until our negotiated surrender in 1994, and the and torturers responsible! Their arrogance and The case against the SF8 is million bail. two of us served prison sentences. criminality and our organizing will bring them built on tortured confessions A team of dedicated and expe- AJN: Why start the Freedom Archives? down one day! obtained over 30 years ago. rienced defense lawyers quickly CM: I have done radio and radical media since AJN: What film are you working on now? “Do you remember me?” came together and provided rep- 1968 and been part of creating radical news CM: A film called “COINTELPRO 101” that Those words, smugly uttered resentation for the men. Through and political radio for many years. Myself and introduces people to the history of government in 2003 by now Homeland their efforts, bail was reduced to many collaborators secured and maintained our counter-intelligence while tying it to today’s Security deputized agents, amounts the men could raise with programs which spanned over 30 years. When reality - the world of Homeland Security and Frank McCoy and Ed Erdelatz, assistance from their families and I was in prison, I re-connected with many of the Patriot Act. The film will be an organizing sent shock waves of pained supporters. Upon their release these people and we started discussing how tool, an opening of the door to those that have memories thru John Bowman they resumed their speaking valuable it would be to preserve and re-purpose no knowledge of this history. (now deceased but named in engagements building awareness this radical political history and culture as well We hope that people can use this video as the criminal complaint as a co- about their case, COINTELPRO as how to make it accessible. We founded the a basis for re-opening hearings on COIN- conspirator), Ruben Scott and and political prisoners. They Freedom Archives when I got out and have TELPRO and for holding people and agen- Harold Taylor. Back in 1973 have been invited to speak and been building its reach and impact. We try to cies accountable for state violence directed Bowman, Scott and Taylor show the DVD at forums across produce a couple of documentary audio CDs at people’s movements. We hope that we can had encountered McCoy and the country. and/or video documentaries every year. We build a stronger movement to win the release Erdelatz in New Orleans as Support for them continues provide materials to others who are interested of long-held political prisoners, those targeted they presided over their several to grow and includes many in this history and culture. We also focus our ef- by COINTELPRO who remain captives of the day torture ordeal. At the time, noteworthy personalities such as forts on working with younger people in order government. We also want to give people hope the pair were Inspectors with the San Francisco Danny Glover, Harvard Law Professor Charles to pass on this legacy. We say: “preserve the that we can work to transform the world and Police Department investigating the death of Sgt. Ogletree, Ron Daniels, former Executive Direc- past, illuminate the present, shape the future!” build a more humane society. John Young who had been killed in an ambush of tor of the Center for Constitutional Rights, Bill AJN: Your recent film “Legacy of Torture” AJN: Any film-makers you’d recommend? the Ingleside police station in 1971. McCoy and Fletcher, former President of TransAfrica, Mi- documents the case of the San Francisco 8. CM: Costa Gavras and Ousmane Sembene. Erdelatz always believed that the ambush had chael Ratner, Board President of the Center for CM: The prosecution of the SF 8 is about AJN: Any particular books? been carried out by Black militants, most likely Constitutional Rights, Lois Dauway of the World criminalizing the history of the Black Libera- CM: History, History, History! Not the BS in members of the Black Panther Party for Self Council of Churches, former Georgia state rep- tion Movement, the Black Panther Party, and textbooks (see what AK Press is putting out)! Defense. When they learned that New Orleans resentative, Cynthia McKinney, Cindy Sheehan delegitimizing resistance to racism and oppres- AJN: Anything else to add? police had arrested 13 alleged members of the and Noble Prize Laureate Archbishop Desmond sion. The government, both state and federal, is CM: I am optimistic. People, especially BPP they rushed to the scene to join detectives Tutu who launched an International Campaign keen on legitimizing torture and warning activ- younger generations, know that this monster is from Los Angeles, New York City and FBI calling for the dismissal of the charges and the ists today and into the future that the stakes wrong. Our ability to work across generations agents. Over the next several days the detectives release of Bell and Muntaqim. are high if you are committed to fighting for a is important, but especially for us older folks, and agents attempted to extract confessions from In the spring of 2008 the conspiracy charges more just and humane world. The case itself we need to give up the reins and support those the trio. When they refused to give the desired against five of the men were dismissed because rests on alleged confessions obtained under striving to live and create significant challenges answers, the interrogators exited the room and they had exceeded the statute of limitations. acknowledged torture and has been thrown out to the monster. We need to connect fighting the goon squad from the New Orleans police Similar motions to dismiss on behalf of the previously on that basis. against racial and sexual oppression to saving department entered, literally determined to beat remaining three men charged with conspiracy The structures of capitalism and imperial- the planet and fighting against US hegemony. confessions out of them. After what was deemed will be reargued this fall. Richard O’Neal was ism rest on hundreds of years of land theft and A brighter future is possible if we are willing to be a sufficient beating the New Orleans charged only with conspiracy and is no longer genocide and sexual oppression. They will use to make sacrifices. As Che always used to say: “team” exited and the interrogators returned. a defendant in this case. However, immediately any and all means to maintain their hegemony. hasta la victoria siempre! Methods used by the New Orleans police were after the dismissal of his conspiracy charges So this prosecution is designed to discour- eerily similar to those used in Guantanamo and the prosecution served him with a subpoena to age active dissent. Stemming from the Abu Ghraib in recent years. Suffocation using testify on its behalf against his former co-defen- old COINTELPRO (Counter-intelligence plastic bags, wool blankets drenched in boiling dants at upcoming hearings! program), this case signals a new form of water, beatings with blunt instruments, blind In September 2008 preliminary hearings are COINTELPRO. folding and the use of electric cattle prods on expected to commence along with hearings on COINTELPRO was exposed and con- the genitals and sensitive areas of the body are a number of defense motions including motions demned by congressional investigators in just some of the torture methods employed by to dismiss. Defense motions make clear refer- the 1970s and was officially disbanded the New Orleans police department. McCoy, ence to missing exculpatory evidence including - but no agent or agency was ever held Erdelatz and their cohorts took full advantage “negative comparisons” of latent prints by FBI accountable for the assassinations, false of the brutality, carefully crafting the story they fingerprint examiners from 1971 and 1975. charges and imprisonment of leaders, or wanted each man to provide. After the men No DNA samples match any of these men. “I the disorganization and neutralization of “confessed” McCoy and Erdelatz returned to believe that the FBI has been deeply involved in movements and organizations that they un- San Francisco and provided the District At- the investigation of the Ingleside murder,” ac- leashed. This prosecution is part of today’s torney with the coerced statements. The trio was cording to defense attorney Chuck Bourdon, who COINTELPRO along with the stepped up indicted in 1974 but the District Attorney failed represents Francisco Torres. Bourdon also thinks “Green Scare” prosecutions, the ongo- to inform the grand jurors that the confessions that all FBI files “have not yet been provided.” ing political use of grand juries (like the upon which he had heavily relied were coerced. The importance of community support for the current one targeting the Puerto Rican Defense motions to dismiss the indictments SF8 has been consistently felt in the courtroom. Independence movement), the condon- were granted in 1975 and 1976, and the case was People of all ages flock to the court proceedings For more on the SF8, go to dormant for the next 30 years. and frequently high school classes can be seen in www.freetheSF8.org Homeland Security’s role in the prosecution attendance. What better way to teach them about Please donate generously of the SF8 is clear. Around 2000 McCoy and civil and human rights than to bring them to and help spread the word Erdelatz retired from the SF police department, court to watch “justice” unfold? about this important case! Page 8 Abu-Jamal-News issue #3: Political Prisoners in the United States ...WASHINGTON continued... arrest leads Philadelphia attorney Scott Perrine said a disbelieving Karen Miller, an anti-police- serted in initial police arrest reports because of Equally egregious – documents detail how to one conclusion: authorities are framing his brutality activist in Philadelphia who lives in prosecutor’s covert attempts to block the beating police fail at a core function for cops: being client and the two other beating victims. the same community as the trio beaten by police video being used in criminal court proceeding observant. “They are asking us to believe that a highly and now facing attempted murder charges. against the trio. Police contend the three men shown in the trained narcotics officer skilled in surveillance Also, initial police reports make no mention of “This entire incident…has been so far beyond beating video participated in a shooting prior to operations was at the scene, watched the car pull shell casings at the shooting scene. Days later, what anyone would expect or tolerate from their frenzied arrest. up, saw three people instead of four…and by the police announced recovery of shell casings – a law enforcement it cannot be described,” Per- Yet, police failed to perform the standard tests way, this officer forgot to tell us about this for belated discovery that attorney Perrine contends rine said. “These guys are getting beaten and to determine if any of the trio had fired a gun nine days,” said Perrine, a former Philadelphia is suspicious. stomped on all over again and no one is real- following the trio’s arrest. prosecutor. Police have twice detained the father of Pete izing it.” Such tests are routinely performed on shooting Perrine represents Pete Hopkins, one of the Hopkins, also named Pete, on suspicion of in- Recently Perrine blasted prosecutors for inten- suspects. beating victims. toxication without ever giving him the standard tionally delaying court proceedings seeking to Further, police never attempted to question Police now claim the shooter is Hopkins – not sobriety tests to determine drunkenness. get his client released from custody – a charge the trio despite police officials telling the public the fleeing fourth person listed in arrest reports. Mr. Hopkins and his wife have publicly denied by prosecutors. that a fourth person involved in this shooting Changing stories are seemingly standard proce- criticized police and prosecutors in addition to Pennsylvania’s Rules of Professional Conduct escaped capture. dure for Philadelphia police. participating in protests opposing their son’s for lawyers states it is not reasonable to delay Official police arrest reports on that pre-beat- During the last televised, national headline arrest. proceedings “if done for the purpose of frustrat- ing shooting incident stated “four” men exited a grabbing beating by Philadelphia police, of- Activist Miller says the detentions of the elder ing an opposing party’s attempt to obtain right- Mercury Grand Marquis and confronted a group ficials initially said the victim in that July 2000 Hopkins is pure police harassment. ful redress.” standing on a street corner. beating had shot a policeman while attempting Family and supporters of the now incarcerated Those Rules also states that prosecutors have “One of these males…began shooting a to escape capture. trio say the beating arose from a case of mistak- “specific obligations to see that the defendant is handgun,” the arrest reports for each of the trio Authorities backed off that claim when evi- en identity and authorities filed charges against accorded procedural justice…” stated. “Three of the males from the Gold Mar- dence provided the slightly injured policeman them to evade responsibility for the beating. Perrine’s criticism came when prosecutors quis got back into the vehicle and the fourth, was shot accidentally by his partner. One of the trio, Dwayne Dyches, physically sought to postpone proceeding on his Writ of possibly the shooter fled…eluding capture.” Additionally, authorities ignored eyewit- resembled a man police sought for the murder of Habeas Corpus for Hopkins contending that Curiously, police who observed the car “pull nesses who said the car-jacking suspect was a policeman days before the trio’s beating. failure to provide Hopkins with his preliminary up to the corner” and recorded this vehicle’s li- being beaten by police prior to commandeer- The trio admits being in the area of that 5/5 hearing weeks violates Hopkins’ constitutional cense plate number before the shooting failed to ing a police car used to escape the first beating street corner shooting but say they were visiting rights. provide the public with any physical description that ended with that second beating caught by a with the mother of the man fatally shot the night Delays by prosecutors and judges resulted in of the fourth person, that gunman who escaped, news helicopter. before their beating. Hopkins not receiving his preliminary hearing armed and presumed dangerous. Changing stories and stonewalling were the The Philadelphia Daily News interviewed this within the mandated ten-day period following Police had the corner under surveillance due official responses to the 8/78 televised beating mother and relatives of that fatally shot man his arrest. to a fatal shooting on that same corner the previ- of an unarmed suspect surrendering following who confirmed the trio was visiting with them. Philadelphia activists are currently gearing-up ous night. Police claim rumors circulating about a shootout where a Philadelphia policeman was The Daily News also interviewed one of the for a campaign to get local and federal action retaliation for that fatal shooting prompted their fatally shot. men shot during that 5/5 street corner shooting against the District Attorney Lynne Abraham for surveillance. Curious events and/or coincidences continue who said that while he fled the shooting scene her alleged failure to aggressively address police Even more curious than the failure to perform in the wake of the 5/5/08 beating. – wounded – police tackled him, stomped and brutality. standard gunfire tests and conduct investiga- Nearly one month after the beating, police an- shot him with a taser before he convinced them Philadelphia, in 1979, became the first Ameri- tive questioning is the changing stories of the nounced they had recovered the gun used in that that he was a shooting victim. can city in history to have its top City Hall of- surveillance officer who declared in the arrest pre-beating shooting. This victim told the Daily News he did not see ficials, including its mayor, sued by the federal reports that he observed the entire shooting, Police said they found the weapon – under a the shooter. government for aiding police brutality. participated in chasing after the allegedly fleeing blanket – in a field near the arrest/beating site. A police report about this shooting victim Nearly two decades later, Amnesty Interna- Mercury and was at the scene of the trio’s arrest. For days after that shooting/beating police said states “5 B/M’s” were in the Mercury. tional and Human Rights Watch issued separate This surveillance officer, after nine days of they found no weapon despite hundreds of of- Philadelphia police and prosecutors deny any reports in 1998 blasting brutality and corruption maintaining that four men were in the Mercury, ficer searching for this weapon. improprieties in the proceedings against the trio. among Philadelphia police. suddenly changed his story on the eve of a court The police reports make no mention of the trio Philadelphia’s District Attorney Lynne Abraham proceeding for the trio to claim that only three tossing anything from their vehicle while it was indicates she might file disciplinary charges --A graduate of the Yale Law men – not four – conducted the shooting he being chased by police much less any one of the against defense lawyer Perrine for his wildly Journalism Fellowship Program, observed. trio exiting the vehicle to enter a field. false accusations. Linn Washington Jr. is currently a The changing stories, failure to follow stan- “The police initially said they found the gun in Perrine claims prosecutors failed to lodge Professor of Journalism at Temple dard operating procedures and serious irregu- a sewer and were testing it for DNA. Now they assault against police, resisting arrest and University and a columnist for the larities in official documents related to the trio’s say they found it in a field…under a blanket,” attempted escape charges against the trio as as- Philadelphia Tribune Newspaper. Philadelphia Police Critics Illegally Arrested, Home Seized Paper: “They’re a hate group. We’re trying to ly searched,” Moffat said. “All my photographs to the hungry. By Jeff Rousset drum up charges against them, but unfortunately on the floor, all my filing cabinets emptied. It Moffat and his roommates had recently On the morning of Friday, June 13, 2008, we’ll probably have to let them go.” was a wreck.” He says things were missing like been circulating a petition calling for further police entered a home in North Philadelphia Police on the scene claimed there was anti- phone number lists and notebooks. His laptop investigations into the now infamous incident without warrant and illegally arrested its four government and anti-police literature inside was also confiscated by police for investigation. which took place earlier this month, when over residents, who had been petitioning against which was a cause for concern. “This leaves me homeless, without access to a dozen Philadelphia Police officers were filmed police brutality and new police surveillance Police spokesman Lt. Frank Vanore said things I need. My whole life is disrupted,” said by a Fox helicopter brutally beating 3 unarmed cameras in their community. The residents police suspected a bunker was being built on Moffat. men. They were also petitioning against newly were held without charges for and permanently the roof, “similar to what we saw on Osage The house is near the rapidly gentrifying areas installed police surveillance cameras in their kicked out of their home the next day. Avenue,” referring to the home of the MOVE of Fairmount and Spring Garden. Others have neighborhood. Daniel Moffat, 28, who co-owns the house on organization, which was bombed by a police been kicked out of their homes nearby here and The residents were never contacted regarding the 1600 block of Ridge Avenue, was detained helicopter on May 13th, 1985, killing six adults around Philly to make way for developers and the alleged unsafe condition of their building, along with his three housemates, who have been and five children, and started a fire that burned more expensive housing. although Moffat admits he was missing some living there up to four years, after police entered down over 60 homes. The “bunker” on Ridge Community Activism permits and the house was being fixed up. their home without a warrant. Avenue is actually a greenhouse which the Moffat and his housemates are active in their Apparently, the house was never a problem While handcuffed in the backseat of a police roommates use to grow produce which they give community. They give out free food regularly until the people inside the house became a cruiser on one of the hottest days of the year away to homeless people. to people in need, help maintain a local garden, problem to the police. Looking at the MOVE Moffat says when he asked 9th Police District The housemates reported spending hours in the and give away free plants to neighbors. bombing, this new incident, and uncounted Captain Dennis Wilson what he was accused car before Wilson told them, “We’re going to do Edna Williams runs the Mary Jane Home others, reveals the consistent dedication of the of, the Captain responded: “You’re not being you a favor. It’s a very hot day, and we’re going Enrichment Center on the same block as the Philadelphia Police Department to squash dis- charged, you’re being investigated.” He says to bring you down the district and put you in a group and has been serving homeless and needy sent by any means necessary. As an increasing Wilson told him sarcastically to “call it a kid- cell so you don’t overheat.” people in the neighborhood for over thirty years. number of people are kicked out of their homes napping.” Gathering Their Belongings She has been publicly recognized for her good in Philadelphia and across the United States, an According to police, the house was initially After spending about twelve hours in jail the work and is a well respected, veteran commu- increasing number of police officers patrol the targeted because they suspected trespassing. housemates were released, still without charges. nity leader. streets and assert the power of the State over The Dept. of Homeland Security, Housing Au- Shortly afterward they were given two hours Williams strongly defended Moffat and his individuals. thority, Licensing & Inspections, and PA State under police escort to collect whatever belong- friends. “You need to get that out there,” she SOURCES: Daily News, City Paper, and Phawker blog. Police were all called to investigate the scene. ings they could from their house, before it was said, “these are good kids.” They helped her --Jeff Rousset is a freelance writer Drumming up Charges? boarded up and condemned as unfit to live in. paint the exterior of her community center, and and member of the Philadelphia Capt. Wilson, who led police, told the City “When I got to my room, it had been thorough- regularly give her food they grow to distribute Students for a Democratic Society.

...MAGEE continued... conviction in two fraudulent trials. As he put it, State. “My fight is to expose the entire system, right to defend himself. The murder charges walls. Others included George Jackson, Jeffrey the judicial system “used fraud to hide fraud” judicial and prison system, a system of slavery.. had been dropped, and Magee faced two kidnap Gauldin (Khatari), Hugo L.A. Pinell (Yogi in his second case after the first conviction was This will cause benefit not just to myself but to charges. He was ultimately convicted of PC Bear), Steve Simmons (Kumasi), Howard Tole, overturned on an appeal based on a falsified all those who at this time are being criminally 207, simple kidnap, but the more serious charge and the late Warren Wells. transcript. His strategy, therefore, centered on oppressed or enslaved by this system.” of PC 209, kidnap for purposes of extortion, After the common verdict of “justifiable proving that he was a slave, denied his constitu- On the other hand, Angela Davis, his co- resulted in a disputed verdict. According to one homicide” was returned and the killer guard ex- tional rights and held involuntarily. Therefore, defendant, charged with buying the guns used of the juror’s sworn affidavit, the jury voted for onerated at Soledad, another white-racist guard he had the legal right to escape slavery as estab- in the raid, conspiracy, etc., was innocent of acquittal on the PC 209 and Magee continues to was beaten and thrown from a tier to his death. lished in the case of the African slave, Cinque, any wrongdoing because the gun purchases this day to challenge the denial and cover-up of Three prisoners, Fleeta Drumgo, John Clutch- who had escaped the slave ship, Armistad, were perfectly legal and she was not part of the that acquittal. ette, and Jackson were charged with his murder and won freedom in a Connecticut trial. Thus, original plan. Davis’ lawyers wanted an expedi- Ruchell is currently on the mainline of Corco- precipitating the case of The Soledad Brothers Magee had to first prove he’d been illegally ent trial to prove her innocence on trumped up ran State Prison doing his 46th year locked up and a campaign to free them led by college pro- and unjustly incarcerated for over seven years. charges. This conflict in strategy resulted in the in California gulags - many of those years spent fessor and avowed Communist, Angela Davis, He also wanted the case moved to the Federal trials being separated. Davis was acquitted of in solitary confinement under tortuous condi- and Jonathan Jackson. Courts and the right to represent himself. all charges and released in June of 1972. tions! In spite of having committed no physical Magee had already spent at least seven years Moreover, Magee wanted to conduct a trial Ruchell fought on alone, losing much of the assaults or murders. Is that not political? studying law and deluging the courts with that would bring to light the racist and brutal support attending the Davis trial. After dismiss- Write him at: Ruchell Magee # A92051 petitions and lawsuits to contest his own illegal oppression of Black prisoners throughout the ing five attorneys and five judges, he won the 3A2-131 Box 3471, C.S.P. Corcoran, CA 93212

Abu-Jamal-News issue #3: Political Prisoners in the United States Page 9 ...BILLY COOK CONTINUED... in the drawing, trying to spread-eagle Cook onto handcuff, and Cook hits him not with a straight exploit these contradictions, and the absurdities evidence – produced against Billy Cook at his the front hood of his squad car, where (d) Abu- punch but with a backhand slap! contained in the earlier testimony, to the hilt is trial can hardly be overstated, in particular with Jamal would have to run past P.O. Faulkner, One other important difference was that another clear indication of his ineffectiveness. regard to Mumia Abu-Jamal. onto the sidewalk as we see it on the photo, and Scanlan insisted he could neither identify As a note on Anthony Jackson, let me add here From the standpoint of the prosecution, Billy then (e) would have to circle him in a U-turn of Faulkner’s physical attacker nor the person who that I believe that was not primarily a personal Cook’s March 29, 1982 trial for allegedly as- more than 180 grades to shoot him in the back. shot him. That was very bad for the prosecution, thing or a matter of personal qualification. The saulting Officer Faulkner laid the groundwork So Faulkner, a trained police officer, had since without such identification, it could get state had denied him necessary resources right for the later murder trial against Abu-Jamal Abu-Jamal clearly in his view as he ran towards no conviction. At the Cook trial, the only other from the start and then managed to drive a huge in June/July 1982. In fact, the prosecutor was the scene but calmly waited for Abu-Jamal to available witness was White, and so the pros- wedge between him and his client. He certainly Joseph McGill, the same prosecutor Abu-Jamal run past him, get behind him, make a U-turn, ecution just had to have her, despite her repeated tried to give his best, but given the overall situ- had. In the Cook trial, he publicly started to and shoot him, an idea that one can only say is inability to keep to her story line and her general ation, his best could never be good enough. As frame to story of Dec. 9 the way the prosecution utterly remarkable! lack of credibility as a witness, both themes Pam Africa, who we all know is one of the most wanted to have it for the Abu-Jamal trial. Of course all of this is downright crazy and about which a bit more later on. ardent defenders of Abu-Jamal, has often said, The evidence brought to bear against Cook doesn’t make any sense at all. All the same, the And indeed, White then identified Cook as the in the final analysis Anthony Jackson too was a consisted solely and exclusively of the eyewit- summary points (a) to (c) I just gave you closely one who hit Faulkner, and in the Abu-Jamal trial victim of the terror of the state. ness testimony of two of the three most eyewit- reflect what she said – whereas with regard to she identified the latter as the one who shot him. HB: So how would you sum up the meaning nesses presented against Abu-Jamal, Cynthia (d) and (e) she insisted Abu-Jamal would NOT HB: How do White’s and Scanlan’s accounts of the Billy Cook trial for the later murder trial White and Michael Scanlan. These two were have had to have from Billy Cook’s against Mumia Abu-Jamal? the ones who claimed to have seen the whole run past and then trial differ from MS: I would say in one sense, from the per- sequence of events from the traffic stop of Billy around Faulkner that presented at spective of the state and the prosecution, it was Cook by Daniel Faulkner till the deadly shot to shoot him in Mumia’s trial a like a trial run: The DA’s office and prosecu- into the head that killed the officer. the back, but was few months later? tor Joseph McGill in particular, tried to fortify White claimed that a person coming from the somehow able to MS: They both the notion that indeed Mumia Abu-Jamal had parking lot first shot Faulkner in the back and manage this feat differ very signifi- murdered Daniel Faulkner, and in the process, then finished him off as he was lying prone on from the curb! cantly, but as usual they also tested their witnesses and tried to find the sidewalk, and whereas the identity of that As the record in such cases, their out what they could get away with. We have just person was excluded as irrelevant from the makes pretty earlier accounts seen some ways how their witnesses changed Billy Cook trial, White of course had already clear, Cook’s Michael Scanlan’s Account: The straight arrow shows were just discarded and synchronized their testimony from one trial identified this person as Abu-Jamal right from lawyer Daniel Alva where Faulkner was allegedly standing and the direction by the prosecution to the other to make it more acceptable and the beginning and would do so again at the Abu- refrained from an he was facing when shot. The curved line shows Mumia’s since they were no credible. approach before allegedly shooting Faulkner. Accordingly, Jamal murder trial. extended cross ex- while Faulkner was standing in front of Billy Cook’s VW and longer functional. If on the other hand we analyze that in order to As for Scanlan, even though he said he could amination only be- facing west up Locust St., Mumia passed by Faulkner’s right At the Cook trial, find out the truth about the murder indictment not identify the person who had fired the deadly cause he believed side and looped around before shooting him in the back. which was only against Abu-Jamal and the events of Dec. 9, shot, his testimony at both the Cook and the to have already about assault, the 1981, we can see from that trial that two main Abu-Jamal trial strongly suggested that Abu- demonstrated that presiding judge pillars of the prosecution in the Abu-Jamal Jamal was, if not the killer, the one who fired the White’s testimony finally resolved trial, namely, eyewitnesses Cynthia White and shot that hit Officer Faulkner in the back as he was absurd, and to accept, despite Michael Scanlan, recounted stories about how was coming from the parking lot and started the later on even the apparent misgiv- the shooting began that (a) resembled hallucina- shooting thereby. judge indicated ings, what Cook’s tions, (b) were in stark contradiction to each But if we look into the testimony of these two that he shared that attorney Daniel other, and (c) contradicted what they said at the witnesses at the Billy Cook trial and compare it sentiment. Alva called the Abu-Jamal trial. to what we know, with regard to the Abu-Jamal HB: What about “Chinese Menu”: These witnesses were not credible. A strong murder trial several inescapable conclusions Michael Scanlan? Cynthia White’s Account: The straight arrow shows From each witness, defense team would have had a field day in spring to mind. I cannot document them prop- MS: Scanlan’s where Faulkner was allegedly standing and the direction he simply took court with them, but Abu-Jamal had only a erly here in this interview, but I have done so story is hardly any he was facing when shot. The curved line shows Mumia’s what was needed lawyer who had been put into an impossible meticulously in my article on the topic, “Spuri- better. Quite strik- approach before allegedly shooting Faulkner. Accord- for a conviction, position and was vastly outgunned by the state. ous Witnesses, Impossible Events,” which is on ingly, he places ingly, while Faulkner was standing in front of his police car just as at the buffet HB: Why did the police (and the prosecution) our website. These conclusions are: the scene of the and facing east down Locust St., Mumia came in front of in a Chinese res- do such a poor job in coaching their witnesses? * White’s and Scanlan’s Cook trial accounts of alleged assault, the Faulkner and looped around before shooting him in the back. taurant you’ll load MS: Yes, and those unwilling or unable to be- the killing of Officer Faulkner flatly contradict beating, and the shot in Faulkner’s back, not on your plate with whatever you think will make lieve that the cops would manipulate witnesses each other in important respects. the sidewalk near the hood of Faulkner’s squad up a good meal for you. So Judge Meyer Rose often say: “Ha! You talk about manipulation * White’s and Scanlan’s testimony at the car, but between Billy Cook’s VW and the Ford took the identification of Billy Cook from White and coercion, and then you talk about contradic- Cook trial flatly contradicts what they would parked in front of it! Here, too, we have a ver- despite his low opinion of her credibility, and tions! If the cops manipulated the witnesses, later say at the Abu-Jamal trial. sion where Faulkner would have had the shooter the description of the events from Scanlan even why wouldn’t they see to it that any contradic- * Most importantly, quite apart from these in his field of view, as you can see from the though it was totally different from hers. tions were erased?” internal contradictions, both White and Scanlan accompanying photo-sketch. Of course, the prosecution knew that such a The answer is that they often have only very describe the shooting of the officer in a way that Faulkner stands in front of the VW; right be- meager performance would not work at a mur- poor material to work with, and this answer simply can’t be true. fore him and with the back to him is Billy Cook, der trial, where after all much more is at stake. certainly also applies to the Cook and Abu- HB: Why do you think White’s and Scanlan’s whom he is just trying to subdue by beating So the testimony of these two had to be synchro- Jamal cases. I am firmly convinced that of the account of the shooting must be false? him after Cook had assaulted him. The shooter nized a bit, and it was. White basically reverted three witnesses who claimed to have seen all or MS: That description must actually be divided approaches him, once again circles him to get to the story she had told the police and the part of the shooting of Officer Faulkner, only into two parts. In our first interview in Octo- in his back and, once there, shoots him. Again, prosecutors from December 17, 1981 onwards, Michael Scanlan had seen at least something ber 2006, we already discussed how the most Faulkner is totally undisturbed and simply namely, that Abu-Jamal approached the scene – that’s why he turned left with his car into 13th crucial part of White’s and Scanlan’s account of waits for all this to happen. But not only this, from the parking lot and reached the curb while Street and then Walnut to find some other cops how the officer was killed, the part about how Abu-Jamal also has some mysterious qualities: Faulkner and Cook where on the sidewalk and to get them to the scene. he was shot in the head, couldn’t be true. With three people in between Cook’s VW and shot Faulkner once or twice in the back (as op- Cynthia White wasn’t even there. None of When they, and an additional prosecution wit- the Ford in front of it, the space there is pretty posed to once, as she said at the Cook trial), but the other witnesses saw her where she claimed ness, Robert Chobert, claimed that the shooter crowded, but even in this dense chaos, Abu-Ja- she deleted the fantastic part from the Cook trial to have been. There is strong testimony by stood over Faulkner and fired several shots at mal still manages to shoot into Faulkner’s back. that had Faulkner facing Cook in a Northeastern Veronica Jones, Pamela Jenkins, and Yvette Wil- him at point blank range all of one of which All the same, trial judge Meyer Rose ap- direction, which would have made it impossible liams to the effect that Cynthia White was both missed, they lied, or on the interpretation most peared to find Scanlan believable in this and for Abu-Jamal to shoot him in the back unless manipulated and terrorized into testifying what benign to them, personally were manipulated other matters, most notably Cook being guilty he had magic bullets or performed the highly she did in the Mumia case. and/or coerced to the hilt by the police. What of unprovokedly assaulting Faulkner, and ended unlikely U-turn around Faulkner shown in the So when she first testified in court on March they testified to demonstrably never happened. up convicting Cook. But the fact remains that sketch above. 29, 1982 in the Billy Cook case, she had to OK, that’s the story about how Faulkner was Scanlan’s story, which as I give it to you here Scanlan’s testimony also underwent important reconstruct everything from scratch according shot in the head and killed, and how White, once again closely reflects his own words in the repair. Right from the start and until the Cook to the guidelines the cops gave her, because she Chobert, and Scanlan either lied by themselves trial transcript, is just as insane and unbelievable trial, Scanlan had insisted that the shooting had had no actual memory of the events to rely on. or were forced to lie about it. as White’s. begun between Cook’s VW and the Ford parked Just as in ordinary life, in court, too, those HB: What you just said would refer to the sec- Therefore, two enormously important pros- in front of it. At the Abu-Jamal trial, he said he who lie easily entangle themselves in contra- ond part of the shooting. ecution witnesses in the Abu-Jamal case who, “believed” it “took all place in front of the Volk- dictions as they go from one lie to the next. MS: Right. But this second part was of no just three month before Abu-Jamal’s trial, give swagen,” and curiously, Abu-Jamal’s lawyer Especially when they do not simply tell their legal concern in the Billy Cook trial, which was versions of how the shooting death of Faulkner Anthony Jackson chose not to pursue the matter. own lies, but lies fed to them by others, and solely about the question of whether Billy Cook started that are totally absurd and should have So Cynthia White turned the direction in particularly when they testify out of fear. That’s had struck and assaulted Faulkner, causing the destroyed their credibility then and there. which Officer Faulkner was facing around by why White’s testimony backfired so badly once officer to beat Cook with his flashlight. HB: Scanlan’s and White’s claims are unbe- 135 grades, Scanlan moved the scene where Cook’s lawyer Alva wanted to know things a The Cook trial thus did not focus on the sec- lievable, but they also contradict each other? it all took place by a car length to the space little bit more concretely. By the time of the ond part, the stretch in time when Faulkner was MS: Yes, indeed they do. To a certain extent, between the VW and Faulkner’s squad car, Abu-Jamal trial, the prosecution had already killed, but on the first, the time of the alleged that is normal with eyewitness testimony, which and since Jackson did not pay much attention worked her some more, and what she said there assault and the ensuing beating, which caused is notoriously unreliable. Criminologists and to these not unimportant changes, they basi- was not as obviously absurd as in the Cook trial. Abu-Jamal to run to his brother’s help, and psychologists such as Elizabeth Loftus and cally went unnoticed. Some of the most glaring As for Scanlan, I think the only thing he according to the prosecution, shoot Faulkner in others have written quite extensively about this. contradictions between the Scanlan and White saw after Faulkner had stopped Cook was that the back. The two prosecution witnesses who But what we see in this case is quite extreme. testimonies had now been removed, but all the something was going on involving a shooting, claimed to have seen this were Cynthia White White and Scanlan place the events they same, striking discrepancies remained: White a man running to the scene from the parking and Michael Scanlan. describe in entirely different locations, White still had Cook punch Faulkner squarely in lot, and people milling around between two But when you read what they said at the Cook on the sidewalk in front of the building 1234 the face while according to Scanlan it was a cars. The rest, he was told by the police, which trial, it really blows your mind. Both of their Locust near Faulkner’s squad car, and Scanlan backhand slap, and Scanlan located the events in explains why his description comports so badly physical descriptions of how Faulkner was al- in the street not near Faulkner’s car at all, but the street, whereas White was adamant that the with physical givens at the scene: Even at the legedly shot in the back are absolutely lunatic, rather, between Cook’s VW and the car in front shooting began when Faulkner and Cook were Abu-Jamal trial, he still claimed that Faulkner defying the laws of physics and rationality. of it. White has Faulkner facing in a Northeast- both on the sidewalk. was facing in a Western direction as he tried to As for White, she stated that Faulkner’s at- ern direction, whereas Scanlan has him facing But for the jury, that was probably already subdue Billy Cook, only that now he said this tacker (in her version, Abu-Jamal) (a) came West, a difference of some 135 grades. within the range of normal contradictions took place in front of Faulkner’s police car, not from the parking lot, (b) ran to a scene taking And quite significantly, White has Faulkner between eyewitness testimony by different Cook’s VW. Most unfortunately, Anthony Jack- place between Billy Cook’s VW and Faulkner’s facing Billy Cook and Cook punching Faulkner witnesses. The jurors did not know about the son failed to nail him on that question. squad car parked about a yard behind it where directly in the face, but Scanlan has Faulkner Billy Cook trial and what the witnesses had said There is a lot more to say about this, not least (c) Faulkner was facing Northeast as indicated standing behind Cook whom he is trying to there – and that Abu-Jamal’s attorney did not ...CONTINUED ON PAGE 11 Page 10 Abu-Jamal-News issue #3: Political Prisoners in the United States ...BILLY COOK CONTINUED... or two, and then three more, with reality – to such an about Robert Chobert, who was also not where he extent that they could ease the pressure on her a bit. But it was all a bunch of lies. Literally nothing of what she An Interview With Todd S. Burroughs claimed to have been (parked on Locust Street behind Abu-Jamal News: What were you Imagine that! What---or who---got to said about the core events is believable. Faulkner’s car) and whose taxi cab is perhaps the civil doing during the 1995 PCRA hearings? him? The Black reporter who did the As for Scanlan, according to his own testimony he car on 13th Street to be seen on the left side of the crime Todd S. Burroughs: Was in Wash- set-up piece? Or the legitimacy of that would have hardly been in a position to see much. His scene photo you recently discovered in a horrible right ington, D.C. at the NNPA (see: NNPA. Reuters article? view was blocked by the police car (the Abu-Jamal trial wing “Fry Mumia” video (see the photo on page 12), org), pushing the National Association AJN: Your PhD dissertation was on version) or both the police car and the VW (the Cook but for reasons of space I will have to leave it at that of Black Journalists behind the scenes the history of Black media, How does trial version). After the events, under police pressure to here. to come out for Mumia’s First Amend- Mumia fit into this tradition? frame the events in a certain way, he may have changed HB: You say there is no credible physical or witness- ment rights. Incidentally, I was one of TSB: Mumia’s 1970s radio career, and the sequence in his memory and interpreted protective based evidence that Cook ever struck Faulkner that the first national Black newspaper col- his radio career now, fit well into this tra- moves by Cook, who after all was beaten bloody night? umnists to write about Mumia steadily, dition. In the 1970s, Mumia used Black by Faulkner, as the aggression that started the MS: There are many reasons for updating the 200 Black newspapers radio and print the same way scores beating. this. Starting with the Cook trial, during that summer of 1995. of young, politically motivated Black Another point is that the officer sustained not both White and Scanlan turned out AJN: Were you surprised by the people who finally got access to the air- the slightest injury whatsoever, even though to be totally incredible witnesses outraged response to the Dec. 6 Today waves and to newspapers did all around prosecutor Joseph McGill tried very hard to have there. We’ve gone through this at Show from Faulkner, Smerconish, the country during the 1970s. He’s not the record state that he did. On the other hand, it length above. Add to this that Dec. Media Busters, and others? really that special in that regard, and he’s is undisputed that Cook was beaten bloody, and 17, 1981 was the first time White TSB: Oh, absolutely not. The anti- not being modest when he says so. when in 2007 he was interviewed on camera for mentioned even to the police that Mumia folks were shocked because they AJN: Who are some figures that you the first time for the filmIn Prison My Whole Cook had hit Faulkner. It was also knew the patterns of institutional racism, would most compare to Mumia? Life, he could even show the interviewers the the last and 38th time she was ar- in the American mainstream news media, TSB: Afrocentric broadcasters Bob scars on his head he had suffered from the rested for prostitution – until the Billy Cook, 1981 and thought the established pattern was Law, Imhotep Gary Byrd and Gil Noble. beating. What is more, another undisputed fact is that Cook trial on March 29, 1981, she was going to work for them. As you know, All three have been very concerned Billy Cook was way smaller and slimmer than Officer left alone by the police, the first such extended time national television news cannot get about Mumia’s case over the years. Faulkner, a muscular man bigger than 6 feet, and it span since she began working as a prostitute. enough of the White Woman Victim. AJN: Were you surprised by the would have been pretty irrational for him to take on a December 17 was also the first time she told the police So here’s the poor anti-Mumia folks, March 27 decision denying a new trial? physically much stronger armed police officer, espe- that Abu-Jamal first shot Faulkner once or twice in the thinking Maureen was going to get to TSB: Not really. Too much (bad) legal cially from the position he was in according to Scanlan back and finished him off only later on by firing more cry on camera, all blond and white and precedent. – spread-eagled on the hood of the VW (or police car) shots on the sidewalk. In the beginning, she had simply pretty! Here’s Smerconish, a regular AJN: Why do you think they did? with the officer behind him! So what Billy Cook says in claimed that Abu-Jamal had fired four to five shots, Today interviewee, by the way, thinking TSB: Because no one in the US wants the film with regard to this part of the event seems emi- upon which the officer fell on the sidewalk and started he was going to get softballs. And what to risk being Mumia’s Judge Lance Ito or nently credible to me: “They arrested me for assaulting screaming. So on December 17, the police apparently happened? Co-host Matt Lauer decides the Mumia equivalent of the O.J. jury! him, but I never laid a hand on him. I was only trying to felt they had synchronized White’s story with Scanlan’s to apply honest-to-goodness journalistic AJN: Anything else to add? protect myself. I never hit him. I never hit him.” – and with regard to the sequence of shots, first one skepticism, like he was supposed to! TSB: THANKS for your organizing. ...21 FAQs continued... ment with the material available to him. point pretty clearly to the presence of another * Yes, in the shirt pocket of Officer Faulkner showed no interest. After Polakoff’s photo- 15. Was Polakoff told anything else by the person at the scene, namely, a passenger in was a driver’s license application in the name graphic work had been so obvious to police at police about the killing of Daniel Faulkner? Billy Cook’s VW. The driver of a car and the of Arnold Howard, which Howard later testi- the crime scene in 1981, he expected to be con- * Yes. In fact, Polakoff says, “all the officers passenger of a car are notions that are hard to fied was paperwork he had given to Kenneth tacted by the police or by the D.A. He was not. present expressed the firm conviction that confuse, but moreover, White also says that the Freeman. We don’t know quite why Freeman Polakoff also phoned the DA’s office in 1982. Abu-Jamal had been the passenger in Billy driver “got out of the car,” while the passen- was given the paper work or what Freeman Then, in the 1990s, Polakoff says, “when there Cook’s VW and had fired and killed Faulkner ger “had got out of the car,” which once again would do with it, but the fact that he was was this big fuss about a new trial for Abu-Ja- by a single shot fired from the passenger seat points to the driver and the passenger as being known to have it, and that it ended up in Officer mal, I contacted them myself and asked them of the car.”[9] For all the years after the case, two distinct persons. The prosecution never Faulkner’s shirt pocket, suggests that Faulkner to get back to me. They didn’t even answer since Polakoff had read almost nothing else clarified this question. and Freeman had some interchange on the night me.”[5] He was offering them the photos and about the details and debates about what hap- * ----- That other man, who would have of the shooting. what he had to say about them. The interest that pened, he “held the firm opinion that this was been a third man at the crime scene (in addi- * Six people, Robert Chobert, Dessie Hight- police and the DA’s Office should have shown indeed what had taken place,” i.e. that Mumia tion to Billy Cook and Abu-Jamal), was never ower, Veronica Jones, Deborah Kordansky, Wil- was suspiciously absent. – contrary to actual fact - had been riding in his acknowledged by prosecutors or police at Abu- liam Singletary, and Marcus Cannon, reported 10. In spite of their failure to respond to Pola- brother’s VW and emerged from there to shoot Jamal’s trial. at various times that they saw one or more men koff, is there any evidence that the police and Faulkner.[10] * ----- Even though it is almost certain that run away from the scene, in the direction of a prosecutors did know about his photos? 16. At Abu-Jamal’s trial, police, prosecutors, Cynthia White didn’t observe the shooting it- nearby alleyway which would have been a very * As noted above, the police were very much and defense were all agreed that Mumia ap- self, she may very well have seen the beginning suggestive escape route for anyone who would aware that he was shooting these photos during proached the scene from his own cab through of the events, since in her testimony regard- want to avoid being caught by the police. the early moments at the crime scene in 1981. a parking lot across the street. So, where did ing Abu-Jamal, she mentioned a fact that was * ----- One of these people was prosecution the police get this early version of the crime There is no way they would not be aware of that the shooter emerged from the passenger both true and inconvenient for the prosecution, witness Robert Chobert. There is every indica- namely, the beating of Billy Cook by Officer tion – see for this, inter alia, question 8 – that that basic fact. Moreover, according to Schiff- seat of Billy Cook’s VW? Faulkner. Chobert did not observe the shooting itself and mann, three of Polakoff’s photos did appear in * Polakoff told Schiffmann that the early was not where he claimed to have been, behind different Philadelphia newspapers during the police opinion was the result of interviewing 18. Why would Abu-Jamal and his brother, Billy Cook, not themselves emphasize the pres- Police Officer Faulkner’s car, but he may very days just after the shooting. Schiffmann sum- three other witnesses who were still present at ence of the third man, Kenneth Freeman, at well have observed the person that fled the marizes: “It is a breathtaking lack of investiga- the crime scene (a parking lot attendant, a drug the crime scene and thus a potential suspect? scene after the shooting. Chobert first simply tive zeal that they didn’t get back to him all by addicted woman, and another woman) – none * Schiffmann argues that the identity of the said that the shooter had run away. Shortly after themselves despite the fact that the cops knew of whom, however, seem to have “appeared third man, Kenneth Freeman, means that if this, after he had identified Abu-Jamal, he said him well and his name was clearly visible on in any report presented by the police or the Abu-Jamal and his brother fingered him as the the shooter had run away but did not get very the photos, at least in the editions of them I prosecution.”[11] Polakoff concluded this from came across on the internet in May 2006.”[6] killer they would have been pinning blame not far – 30 to 35 steps and was then caught. At statements made by the police to him directly, only on a friend of theirs, but on a friend of 11. Were any of the photos used in the trial of the trial, Chobert said the shooter made it no and from his overhearing of their conversations. their family. Freeman would then have had to 1982? further than ten feet. Actually, Abu-Jamal was 17. Has anyone else ever claimed that there face the same fate that Abu-Jamal did – for an right next to the dead officer and thus fit neither * No, they were not used at the 1982 trial where was someone else riding with Abu-Jamal’s action that might have been considered as le- of the accounts given by Chobert. Interest- Abu-Jamal was convicted, nor at any of his brother that night in the passenger seat? gitimate self-defense and the defense of others ingly, in his first descriptions after the shooting, later appellate hearings, nor at the PCRA Hear- * One person to indicate that a passenger on the part of Abu-Jamal and Billy Cook.[14] Chobert described the shooter as large, stocky, ings of the 1990s. was riding in Billy Cook’s car was one of the * The background to this is that according to weighing 220 to 225 pounds and wearing 12. If these photos are potentially helpful to prosecution’s own witnesses, Cynthia White. Schiffmann, all the available evidence points dreadlocks – a description that fits Kenneth Abu-Jamal’s case, why didn’t Abu-Jamal’s She testified in the trial of Billy Cook himself, to the conclusion that the December 9, 1981 Freeman as he is remembered by acquaintances several teams of attorneys make use of them? where Abu-Jamal prosecutor Joseph McGill * The answer to this query is simple: the shootout was triggered by the life-threatening almost perfectly. functioned in the same role as in the Abu-Jamal shot that Officer Faulkner fired into Abu- Abu-Jamal attorneys did not know then that trial. One of her remarks was highly problem- 21. Where is Kenneth Freeman now? the Polakoff photos existed. Now that they do Jamal’s chest. With Mumia Abu-Jamal already * He was found dead on the night of May atic for the prosecution, whose murder case incapacitated, most likely the third man on know, it’s a different story. Present attorney, against Abu-Jamal had always been based on 13/14, 1985, the night of the firebombing of the Robert Bryan, has said he “could have a field the scene, Kenneth Freeman then sprang into MOVE house. Freeman was found “hand- the presupposition that only three persons were action and began firing at the officer, in what he day in court with those photos” – provided, of present at the scene: Faulkner, Abu-Jamal, and cuffed and shot up with drugs and dumped on course, that Abu-Jamal gets a new trial. probably conceived as defense of Abu-Jamal, a Grink’s lot on Roosevelt Boulevard, buck Cook:[12] his brother, and not least himself. But of course 13. Why didn’t Polakoff contact Abu-Jamal’s naked.”[17] Again, no jury ever heard or * ----- White: And the police got out of the there was no guarantee, to put it mildly, that the defense team about his photos, after he had police car and walked over to the Volkswagen. deliberated on Kenneth Freeman’s fate, or on not received any responses from the police or Philadelphia courts would interpret this as self- And he didn’t get all the way to the Volks­ his possible connections to the crime for which prosecutors? defense. So Freeman ended up being left out wagen, and the driver of the Volkswagen was Mumia Abu-Jamal was convicted and sen- * In the period of the shooting, and right up to of the picture by the two other men involved, passing some words. He had walked around be- tenced to death. the recent present, Polakoff was very supportive Mumia Abu-Jamal and Billy Cook. tween the two doors, walked up to the sidewalk. * Given the actual flimsiness of the case of the police view of the case, having, accord- 19. Is there any evidence that Kenneth Free- McGill: Who walked? against Abu-Jamal – lying eyewitnesses, a ing to Schiffmann, “not the slightest doubt that man was the kind of person who could be White: The passenger – the driver. The driver phony confession, distorted or non-existent Mumia was the murderer.”[7] Polakoff wanted considered a threat to a police officer? and the police officer. ballistic evidence – the police at the scene had to help the prosecution and was surprised when * In a deposition by Philadelphia journalist McGill: When the officer went up to the car, to suspect that someone else was involved and they were totally uninterested in his photos. He Linn Washington, Jr., he stated that Kenneth which side of the car did the officer go up to? probably the actual shooter. Since they were had no motivation to contact the defense team. Freeman frequently reported his experiences White: A. The driver side. aware of the Howard license in Faulkner’s shirt, II. Implications of police brutality to the Philadelphia Tri- an immediate trail led to none other than Ken- McGill: The driver side? bune where Washington worked. Washington 14. Why was Polakoff so sure Mumia was neth Freeman. Given the revengefulness and White: Yes. knew Freeman as a frequent victim of police the shooter? After all, even though he was McGill: What did the passenger do? propensity of the Philadelphia police for deadly an early arrival to the crime scene, he wasn’t abuse.[15] Washington has also stated repeat- White: He had got out. violence, as well as the date and extremely early enough to see the shooting. edly that, on account of this background, McGill: What did the driver do? suspicious circumstances under which the dead * Polakoff simply believed the police who told Freeman harbored “an enormous anger at the White: He got out of the car. Freeman was found, the conclusion that he was him that a fellow cop had been shot and that police.”[16] McGill: He got out of the car? killed by the police as part of a general vendetta they “had the motherfucker who did it.”[8] 20. Is there any evidence that Officer White: Yes.[13] against its perceived “enemies” (remember that When he offered the photos to them he just Faulkner that night had any interchange with * The language of this dialogue seems to a third person such as Kenneth Freeman? 11 MOVE members were killed the same night) wanted to try to help them confirm that argu- doesn’t seem far-fetched. Abu-Jamal-News issue #3: Political Prisoners in the United States Page 11 The Newly Discovered Polakoff Crime Scene Photos: 21 FAQs Co-written by Educators for Mumia and Journalists for Mumia Mumia Abu-Jamal has been on 2. Is there any chance these Polakoff provided by Cynthia White, Robert Pennsylvania ‘s death row for over photos could be fake or doctored? Chobert and Michael Scanlon, be- a quarter of a century. His 1982 * Schiffmann has responded to this comes incredible.[3] conviction for the shooting death of query directly: “Polakoff has pre- * ----- At the 1982 trial of Abu-Jamal, Philadelphia Police Officer Daniel served the original negatives, from they all testified that the killer stood Faulkner, has been contested by which the images viewed on the over the officer who was lying de- jurists, human rights organizations, internet were directly scanned, with fenselessly on the sidewalk and fired and peoples of conscience the world a negative scanner. As the negatives several .38 caliber bullets down at over. Even though he is arguably the show, Daniel Faulkner’s hat started him, one of which hit him between the most famous political prisoner in the on the top of the VW, and only later eyes and killed him instantaneously, United States, his case and struggle for showed up on the sidewalk, where whereas the other shots missed. justice distill many of the issues that it would then remain for the official * ----- These missing shots would racially stigmatized groups and others police photo. There isn’t a scintilla of have produced traces in the sidewalk have faced in the United States for a doubt about its authenticity, […] and that it would have been impossible to decades: police brutality and violence, there isn’t the slightest doubt about the overlook, since bullets of that caliber racist applications of the death penalty, time sequence of the photographs, a would have left large divots, or even prosecutorial misconduct, suborning question that I’ve gone through with holes with concrete broken away, in of witnesses, and the use of wealth and photographer Pedro Polakoff again the sidewalk. political privilege in criminal justice and again and again.”[1] * ----- Neither the one police photo systems to service the ideological in- 3. Who is this photographer? of where Faulkner allegedly lay, nor a James Forbes holds 2 guns (officially Faulkner’s and Abu-Jamal’s) in his bare- terests of groups and classes in power. * Pedro P. Polakoff was a freelance full nine other Polakoff photos taken hand, destroying possible ballistics evidence. See the 2 triggers in enlarged circle. Within the last year, some 26 photos photographer in Philadelphia who got of the same area from various angles, have been discovered by researcher to the crime scene just 12 minutes show any traces of such shots into the Dr. Michael Schiffmann of the Uni- after the shooting was first reported on sidewalk. versity of Heidelberg , showing the police radio, and apparently at least 10 * ----- Even if we grant that inter- crime scene where Officer Faulkner minutes before the Philadelphia Police preting photographs can at times be was killed. These photos were offered Mobile Crime Detection (MCD) Unit a complex endeavor, the apparent to police and prosecutors from the that handles crime scene forensics and absence of any such divots renders beginning, but were never consid- photographs. the prosecution witnesses’ testimony ered at Abu-Jamal’s 1982 trial, or in 4. How could Polakoff get access to highly problematic, to say the least. any judicial phase of his struggle for the crime scene for these photos? 7. Couldn’t the other shots have justice thereafter. Indeed, they were * Polakoff was himself surprised about glanced off the sidewalk or hit at such an angle that they might not unknown even to Abu-Jamal’s defense how he could move and photograph have left any trace? team, until very recently. To widen freely everywhere at the crime scene, * This is highly unlikely. In the first public knowledge about these photos even after the PPD Mobile Crime place, the prosecution witnesses and and to answer many of the basic Unit arrived. Polakoff told Schiff- prosecutors’ summary of the crime questions about them, Educators for mann that it was the “most messed up claim that a killer stood directly above Mumia Abu-Jamal and Journalists for crime scene I have ever seen.” It was Jamal, straddling him even, and fired Mumia Abu-Jamal have collaborated completely unsecured, a fact testified downward. From that angle any miss- to produce this document of “21 FAQs to also by Philadelphia journalist, Linn ing shots are most likely discharged about the Polakoff Photos.” We stress Washington, Jr.[2] in a downward direction that would that while it is important for the public 5. How did Schiffmann get his infor- leave divots. In the second place, a In this photo (and others), P.O. Faulkner’s hat is on the roof of B. Cook’s VW car. to have knowledge about these photos, mation from Polakoff? highly qualified ballistics expert who and to debate them in the media and * After the first contact, first by was consulted by Schiffmann has public forum, the most important and telephone, and then by email with informed him that firing .38 caliber necessary move is for the court system Polakoff, Schiffmann amassed over 60 bullets in this way would “inevitably” to give Abu-Jamal a new trial and pages of email notes from question- produce divots in the sidewalk.[4] The deliberate officially on this evidence ing Polakoff. He also had over six same point is made in the specialized and all evidence that is potentially weeks of other contacts with Polakoff, literature on the subject. Again, this is exculpatory for Abu-Jamal. “without ever revealing more to him,” a new matter that was never heard, or Four photos can be viewed at Abu- writes Schiffmann, “than the fact that deliberated on, by a jury. Jamal-News.com, as well as video I was working on a book on the case.” 8. Are there other significant prob- footage of the Dec.4 press conference Only relatively later in the conversa- addressing the photos and the Dec. 8 lems for the prosecution case raised tions with Polakoff did Schiffmann by the Polakoff photos? slide show presentation of the photos. reveal his own views and suspicions After a year-long media blackout, the * Yes, many, but two more should be about the prosecutors’ version of the noted, especially. First, the testimony photos have now been spotlighted by case. Schiffmann also has studied Reuters, NBC’s Today Show, NPR, of taxi driver Robert Chobert is further Polakoff’s many responses at differ- discredited. He claims to have been Counterpunch, The SF Bay View ent points during his contacts, and Newspaper, The Black Commentator, parked just behind the slain police Schiffmann finds that Polakoff is both officer’s squad car, with a direct view The Philadelphia Weekly, and others. detailed and consistent each time. In this official police crime scene photo (not taken by Pedro Polakoff), Faulkner’s More extensive information on the of the killing. The Polakoff photos hat is on the street grate, as it is in Polakoff’s later photos of the crime scene. 6. What is most important about the case can be found at the following show the space behind the officer’s car 26 Polakoff photos? websites: FreeMumia.com (New York and there is no sign of Chobert’s taxi, * This question must be approached City), FreeMumia.org (San Francisco), giving fuller support to the conjecture both as a procedural question and as EmajOnline.com (Educators for Mu- that Chobert’s probationary status a substantive question. Procedurally, mia), Abu-Jamal-News.com (Journal- for a past act of throwing a Molotov there is the fact that Polakoff offered ists for Mumia), or by contacting: cocktail into a grammar schoolyard, the 26 photos to the police and DA’s The International Concerned Family and the fact that he was driving his Office, and they showed no interest in & Friends of Mumia Abu-Jamal, P.O. cab without a license on account of them. The photos surely never entered Box 19709, Philadelphia, PA 19143, repeated DUI violations, might have the court record of Abu-Jamal’s case (215) 476-8812, [email protected] . made him vulnerable to police pres- to be set before a jury’s deliberation. sure to say he saw what he didn’t see. I. Facts Let us grant that photos can enter as Second, the photos raise further ques- 1. Why are these photos coming out evidence in many ways, and a photo just now, and how were they discov- tions about police contamination or which very clearly shows one thing to ered? manipulation of evidence at the crime one person can show something very * The photos were discovered by scene. One Polakoff photo shows different to another person, often de- University of Heidelberg linguist and police officer Faulkner’s hat on the top pending on context (of other evidence, translator, Michael Schiffmann, during of the VW he had pulled over, whereas knowledge, personal experience and an unrelated internet search in late the official police photo, taken later ideological interests, and so on). May 2006. Schiffmann first found two and used at the trial has the hat on Nevertheless, the key procedural point photos taken by a freelance photogra- the sidewalk where prosecutors say is that the Polakoff photos, which Robert Chobert testified that he was parked behind Faulkner’s car, the back end pher, Pedro Polakoff. Later he would Faulkner was slain (and a later Pola- were available and offered to police of which is on the right side of the photo. However, the area behind it is suspi- have access to over 26 of Polakoff’s koff photo has it moved to the ground ciously empty, showing that Chobert was not parked where he claimed to be. and prosecutors in both 1981/1982, photos of the crime scene. Previous also, which corresponds with the and in the 1990s, never even made researchers and those debating the official police photo). Several Polakoff it into the evidentiary record of this Mumia case, in court or outside of photos show police officer Steve case. They were omitted, left out, of court, seem to have had no knowledge Forbes at the crime scene holding the all procedures for investigating Officer of these photos until this discovery, recovered weapon in his bare hand, Faulkner’s death. and until Schiffmann’s later discussion even changing the guns from one hand * Substantively, the Polakoff photos of the photos in his 2006 book, Race to another, whereas at trial Forbes had enable defense attorneys, and by Against Death: The Struggle for the denied touching the guns metal parts extension the court, to raise significant Life and Freedom of Mumia Abu- for the full one-and-a-half hours he reasonable doubt about the basic sce- Jamal (published only in Germany, held them. Again, these matters were nario of Officer Faulkner’s death – a with an English manuscript presently not heard by a jury. scenario that prosecutors constructed available). Educators for Mumia Abu- 9. Wouldn’t the police and prosecu- to argue for Abu-Jamal’s guilt. In light Jamal (EMAJ) and Journalists for tors be interested in such early photos of the Polakoff photos, that scenario Is the car on the left Chobert’s taxi? This photo (not taken by Polakoff) recently Mumia Abu-Jamal (J4M) have been of the crime scene? could be completely destroyed by appeared on an anti-Mumia You Tube video, and appears to be taken on 13th instrumental in circulating knowledge * One would think so. Polakoff re- St., north of Locust, and facing southwest towards the crime scene. Since there is attorneys. In particular, testimony for of Schiffmann’s discovery. ports, however, that the police no date our authentication, we can’t know for sure, but at minimum, the apparent the prosecution about that scenario, ...CONTINUED ON PAGE 11 absence of his taxi on Locust St. is not contradicted by this photo. Page 12 Abu-Jamal-News issue #3: Political Prisoners in the United States