New Mumia Abu-Jamal crime scene photos unveiled for the first
time in the United States, during the week of Abu-Jamal’s May 17 oral
arguments at the Third Circuit Court of Appeals. Abu-Jamal’s lead attorney,
Robert R. Bryan, Linn Washington Jr, and Dave Lindorff respond.
Robert R. Bryan says: "The newly discovered photographs reveal the fact that
the police were actively manipulating evidence at the homicide scene. For
example, their moving the police officer's hat from the roof of Billy Cook's
vehicle to the sidewalk to make the scene more emotionally dramatic was
fraudulent and criminal. It was as if they were setting up a scene, putting
in props for a movie to be shot. That is incredible."
"Further, the incompetent manner in which the police at the scene dealt with
the evidence is mind-boggling. You would expect better from cops in some
little town in Alabama or Mississippi, than what we see in this case in
Philadelphia. The most stunning example was the photograph in which one
sees Police Officer James Forbes holding both pistols found at the scene in
one hand, bare-handed! This is unthinkable. A nitwit could do better. Why
were there no fingerprint tests? Why no ballistic examinations? It reminds
me of a scene from "The Keystone Cops," the way the evidence was being
handled and manipulated, except this was not funny. The fraud and
incompetence of the police had very tragic consequences for my client.
Today Mumia Abu-Jamal continues to sit on Pennsylvania's death row."
"The newly discovered photographs reveal the fact that the police were
actively manipulating evidence at the homicide scene." - Lead Attorney Robert R. Bryan
Photo 1: Mishandling the Guns -
Officer James Forbes holds both Abu-Jamal's and Faulkner's guns in his bare hand and touches the metal parts. This
contradicts his later court testimony that he had preserved the ballistics evidence.
Photos 2 & 3: The Moving Hat -
Faulkner's hat is moved from the top of Billy Cook's VW,
and placed on the sidewalk for the official police photo.
Photo 4: The Missing Taxi -
Robert Chobert testified that he was parked directly behind
Faulkner's car, but the space is empty in the photo.
The Missing Divots - On the sidewalk, where Faulkner was found,
there are no large bullet divots, or destroyed chunks of cement, which should be visible in
the pavement if the prosecution scenario was accurate, according to which Abu-Jamal shot down
at Faulkner - and allegedly missed several times - while Faulkner was on his back. Dr. Michael
Schiffmann writes: "It is thus no question any more whether the scenario presented by the
prosecution at Abu-Jamal's trial is true. It is clearly not, because it is physically and
ballistically impossible." This observation is supported by the new photos, as well as the
official police photo.
On April 20, Abu-Jamal News was
informed by Mumia’s lead attorney Robert R. Bryan that the 3rd
Circuit Court of Appeals in Philadelphia has
1) ruled against the
prosecution’s motion that the court recuse itself
and
2) given the opposing sides
each an extra half hour for their arguments, meaning that both
defense and prosecution will have one hour instead of only 30 minutes
at the May 17 hearing.
Robert told us via e-mail: “We
won on both of my motions [i.e., the defense motion opposing the
recusal and the defense motion for more time for arguments at the
hearing, MS]. In denying the disqualification of the Third Circuit,
the court adopted my argument. Even though I will try to get out more
detail over the weekend, you may send out the news.”
This doesn’t tell us yet whether
the court’s final decision regarding Mumia will indeed be just,
but it’s great news all the same.
We are just days from finalizing our
explosive new website, so right now, we only have a couple feature
articles. Please check back in a couple days, and until then,
Abu-Jamal News co-founders can be contacted at:
They were framed for murder after organizing a Black Panther Party prison chapter at the infamous Louisiana State Penitentiary at Angola. Together, Herman Wallace, Robert King, and Albert Woodfox have spent more than 100 years in solitary confinement. Read the full story at Alternet.
BREAKING: US Supreme Court Rejects Mumia Abu-Jamal's Appeal For a New Guilt Phase Trial
On April 6, 2009, the US Supreme Court rejected Mumia Abu-Jamal's appeal for a new guilt-phase trial. In response, Mumia will be filing a "petition for re-hearing" by the end of April.
The Supreme Court has not yet decided whether to consider the Philadelphia DA's separate appeal, through which, the DA wants to execute Mumia WITHOUT a new sentencing hearing.
As reported by The Philadelphia Inquirer and UPI, supporters are calling for intervention by the US Justice Department. Please contact the White House online, by phone: (202) 456-1111, and at FreeMumia.com.
The remaining eight of the MOVE 9 are now eligible for parole after being unfairly denied last year. Please visit our special blog page for information on the support campaign.
Purchase Jailhouse Lawyers: Prisoners Defending Prisoners v. the U.S.A., directly from City Lights Books. Read the foreword by former political prisoner Angela Y. Davis and an interview with Mumia about his new book. In Mumia's words, "This is the story of law learned, not in the ivory towers of multi-billion-dollar endowed universities, but in the bowels of the slave-ship, in the hidden, dank dungeons of America."
On Dec. 19, 2008, Mumia filed his appeal to the US Supreme Court, asking it to consider his case for a new guilt-phase trial. Last month, the Philadelphia DA filed its separate appeal to the court asking to have Abu-Jamal executed without a new sentencing-phase trial. The deadline for Mumia to respond to the DA's appeal is January 21, 2009.
The Philadelphia DA Will Appeal to Execute Mumia Without a New Penalty-Phase Trial!
On Monday, Oct. 20, a legal update from Mumia's lawyer announced that the DA is appealing to the US Supreme Court regarding the 3rd Circuit’s March 27, 2008 affirmation of Judge William Yohn’s 2001 decision, which 'overturned' the death penalty and stated that if the DA wants to re-impose the death sentence, they must hold a new penalty-phase jury trial. The DA will submit their petition by Nov. 19, 2008.
Simultaneously, Mumia is appealing the 3rd Circuit Court decision denying a new guilt-phase trial or a preliminary hearing that could have led to a new guilt phase trial. The Supreme Court has granted his request for a 60-day extension, so he will submit his petition by Dec. 19, 2008.
This is completely separate from the appeal to the US Supreme Court re. the recent Third Circuit decision that denied a new guilt phase trial. The deadline for Mumia and the DA to appeal this to the US Supreme Court is October 20, unless either side applies for a 60 day extension.
New British Film About Mumia Showing in NYC and Oakland
Outraged by the March 27 denial of a new guilt phase trial for Mumia, 500-1000 people gathered at the Federal Courthouse, circled the Liberty Bell, and marched to City Hall, where speakers included Cynthia McKinney, Julia Wright, and Harold Wilson. VIEW the PHOTOS and VIDEO, featuring an exclusive interview with Veronica Jones about her new book.
We released our newspaper (see PDF) on April 19, and passed out over 2,600 copies.
MUMIA RESPONDS TO THE COURT RULING in a new interview with the POCC's Minister of Information JR and Chairman Fred Hampton Jr on The Block Report Radio Show and in The SF Bay View Newspaper. Click here to LISTEN or READ it.
This week, MOVE was informed that Delbert and Phil's parole interview is "postponed indefinitely". On May 10, Mike and Eddie were denied parole, which followed the April 22 denial of parole for the three women: Debbie, Janine, Janet. Chuck will be eligible six months later than the others. The Philadelphia Inquirer reported that parole was denied to the women on grounds that they minimized or denied the "nature and circumstances" of the offense, "refused to accept responsibility" and lacked remorse, and the "negative recommendation" by the prosecutor. Read responses from both MOVE, Journalists for Mumia, and Linn Washington Jr.
Our recent slideshow presentation of the Polakoff photos is now available on You Tube and Google Video.
The "Murdered by Mumia?" press conference has just been made into a short video: "This government, using corporate media, is laying the groundwork for a murder." (VIEW PARTS ONE AND TWO)
When asked about PO Forbes' handling of the guns, Faulkner said: "I don't know if his
hands are actually on the grip of the gun, it seems like he has his finger holding
the gun through the actual trigger part, but not on the handle of the gun. At that
time, I'm sure the evidence was somewhat contaminated."
Photos Bolster Claims of Mumia's Innocence and Unfair Trial
by David A. Love, The Black Commentator
"A group of journalists is determined to seek a fair retrial of death row prisoner,
noted journalist and former Black Panther Mumia Abu-Jamal, and they point to
evidence they say provides further proof of his innocence: photos from the crime
scene that the jury never had the chance to see."
David Love's article is featured in the
SF Bay View Newspaper, which is now the first publication in the US (besides
Abu-Jamal News) to publish Polakoff's photo of Officer Forbes mishandling the guns.
The FBI's War on Black Liberation: COINTELPRO and the Panthers
By Ron Jacobs, Counterpunch, October 20 / 21, 2007
While also spotlighting the cases of The SF 8, Veronza Bowers, Jr., and Jamil Abdullah
Al-Amin (formerly H. Rap Brown), Ron Jacobs writes that the new Mumia Abu-Jamal crime
scene photos in German author Michael Schiffmann's book:
"cast more doubt on the state's
case by apparently disproving the prosecution's statements that Mumia stood over
Officer Faulkner and fired at him several times. The photos show no marks from the
bullets that were supposedly fired in this fashion. In fact, the sidewalk was not
damaged in any way. Schiffmann goes on to write: 'it is thus no question anymore
whether the scenario presented by the prosecution at Abu-Jamal's trial is true. It is
clearly not, because it is physically and ballistically impossible.' The remainder of
the photos show a scenario that constantly contradicts the testimony of officers and
witnesses (apparently coerced) and the nature of the scene they described in Mumia's
original trial."
This new British documentary about Mumia premiered at the London Film Festival
and at Rome's International Film Festival on October 25
(ScreenDaily.com review).
Read our
exclusive interview with William Francome, who reveals for the first time that
In Prison My Whole Life prominently
showcases the newly discovered crime scene photos, featuring interviews with German
author Michael Schiffmann and Philadelphia photographer Pedro P. Polakoff.
Journalists for Mumia Abu-Jamal presents the courtroom audio from
Mumia Abu-Jamal's May 17 oral arguments before the US Third Circuit
Court of Appeals .
By Margaret Prescod, Pacifica Radio National Special, August, 2007. Features Danny Glover, Linn
Washington, Jr., Dave Lindorff, Robert R. Bryan, Michael Schiffmann, and Mumia himself.
It is difficult to imagine that the systematic race and class bias
that permeate America's criminal "justice" system could be set aside and that the
nation's most famed and innocent death row inmate and political prisoner of 25 years,
Mumia Abu-Jamal, could win a new trial and freedom.
But that is precisely what appeared to be unfolding on May 17 in the
packed Ceremonial Courtroom of the Federal Courthouse in Philadelphia as a three-judge
panel of the U.S. Court of Appeals for the Third Circuit, in full view of 200 riveted
Mumia supporters and others from across the country and around the world, mercilessly
queried Pennsylvania's lead prosecutor and persecutor, Hugh Burns.
In contrast, Mumia's three-person legal team of Robert R. Bryan,
Judith Ritter, and NAACP Legal Defense Fund amicus curiae (friend of the court) counsel
Christina Swarns appeared to have the rapt, if not sympathetic, attention of the three
judges during most the two-and-a-half-hour proceeding.
The MOVE 9 prisoners were sentenced 30-100 years for the death of Philadelphia Police Officer James Ramp during the August 8, 1978 police assault on MOVE's headquarters. The remaining MOVE 9 prisoners (Merle Africa suspiciously died in 1998) are still in prison despite (1) extensive destruction of evidence by the police and (2) powerful evidence that Officer Ramp was actually killed by police "friendly fire."
The eight remaining MOVE prisoners will be eligible for parole in 2008, and MOVE has begun to organize around the upcoming hearings.
Mumia Abu-Jamal was one of the few journalists who reported fairly on MOVE. The frightening examples of illegality and fraud used to convict the MOVE 9 provide a proper historical context for Abu-Jamal's 1982 trial.
The Forgotten Trial: Spurious Witnesses, Impossible Events
What the "eyewitness" testimony from Billy Cook's March 29, 1982 trial
for aggravated assault reveals, by Michael Schiffmann
There was no credible evidence that Billy Cook ever struck at Officer
Faulkner. The stories the witnesses claiming this told were unbelievable. With regard
to the quarrel between Cook and Faulkner, the only undisputable and proven fact was
that Cook was beaten bloody, almost certainly by the very same officer who was killed
only a couple of seconds later shot not in the line of duty, but while engaged in an
ordinary act of police brutality.
What the March 29, 1982 assault trial also showed was the abominable
quality of the evidence against Mumia Abu-Jamal. Already there, two of the three key
eyewitnesses at his later murder trial emerged as totally incredible, recounting events
that could never have happened the way they described them. Here, too, with regard to
what happened between Abu-Jamal and Faulkner, only one fact was undisputable, namely
that Abu-Jamal was shot and nearly killed by Officer Faulkner's gun.
As reported in two
recent Associated Press articles, the Philadelphia District
Attorney has filed a motion asking the entire 3rd U.S. Circuit Court
of Appeals to recuse itself from black death-row journalist Mumia
Abu-Jamal’s case on grounds that Gov. Ed Rendell, whose wife
serves on the court, was district attorney during Abu-Jamal's 1982
trial. The DA argues that if the court rules unfavorably for
Abu-Jamal, the defendant could then argue that the ruling was a
result of bias from the court, and as the Associated Press
wrote, the DA allegedly “wants to leave Abu-Jamal no grounds
for any future appeal.”
This request followed
the March 22 announcement that Abu-Jamal will have oral arguments in
Philadelphia on May 17, where the court will consider four different
issues that have already been certified for appeal. Supporters have
already begun organizing a mass-demonstration in Philadelphia on May
17, and many feel that the DA’s request is actually designed 1)
to delay the oral arguments and 2) to move Abu-Jamal’s case to
a more conservative circuit that will be less sympathetic to the
issues being presented for a new trial.
The
history of the criminal case of Mumia Abu-Jamal, which is by now
almost 25 years old, has been characterized by bias right from the
start: against a black man whom the court denied a jury of his peers,
against a member of the economic underclass who did not have a real
claim to a qualified defense, and against a radical, whose allegedly
dangerous militancy obliged the state to eliminate him from the ranks
of society.”
So
writes German author Michael Schiffmann in his new book Race
Against Death. Mumia Abu-Jamal: a Black Revolutionary in White
America (an expansion of Schiffmann’s PhD dissertation at
the University of Heidelberg),just released in Germany this
past month.
Mumia's Battle in the Courtroom : The Four Main Issues Made Simple
In
December, 2001 Federal District Court Judge William Yohn affirmed
Mumia Abu-Jamal's guilt but overturned the death sentence. Citing the
1988 Mills v. Maryland precedent, Yohn ruled that sentencing
forms used by jurors and Judge Sabo's instructions to the jury were
confusing. Subsequently, jurors mistakenly believed that they had to
unanimously agree on any mitigating circumstances in order to
consider them as weighing against a death sentence.
Mumia's
case is now in the federal Third Circuit Court of Appeals, with oral
arguments set for May 17. District Attorney Lynne Abraham is
appealing the death penalty ruling while Mumia is appealing the
guilty verdict.
If
the penalty ruling is overturned, a new execution date will be set
for Mumia. If Yohn’s ruling is upheld, the DA can still impanel
a new jury to rehear the penalty phase, which could then sentence
Mumia to death—regardless of the 3rd Circuit ruling.
These
venomous words are some of the verbal vomit hurled recently at
Philadelphia’s Clef Club expressing outrage toward a program
scheduled for next Tuesday at the jazz venue on South Broad Street
featuring famed actor/activist Danny Glover.
A
centerpiece of this program was the planned showing of a documentary
video narrated by Glover examining the controversial case of
Philadelphia born, death-row journalist Mumia Abu-Jamal.
Because
this program examines the case of Abu-Jamal and is scheduled to take
place on Abu-Jamal’s birthday, it immediately sparked the ire
Philadelphia’s police union (the FOP) and local radio
personalities supportive of Abu-Jamal’s execution for the
December 1981 death of Policeman Daniel Faulkner.