

Mumia Abu-Jamal has been
on death row since he was convicted of murdering Police Officer Daniel
Faulkner in the early morning
hours of December 9, 1981. This conviction came after a very one-sided
story was presented to a
stacked jury by a corrupt prosecutor before a racially biased judge. The
evidence in this report
is not mere accusations, but a corroborated and documented account of the
events that unfolded because
of the criminality of the most notorious police force in the United States.
It also serves o expose
the people who, either deliberately or out of fear, helped to keep the
truth
hidden about the innocence
of Mumia Abu-Jamal.
EVIDENCE
OF THE REAL KILLER
The man who shot and killed
Officer Faulkner, along with another man-Kenneth Freeman, is Arnold
Beverly. Beverly was hired
by the mob and corrupt elements in the center city Philadelphia Police
Department to shoot and
kill Faulkner. Here is his confession:
I,
ARNOLD R. BEVERLY, state that the following facts are true and correct:
I
was present when police officer Daniel Faulkner was shot and killed in
the early morning hours of
December
9, 1981 near the corner of Locust and 13th Streets. I have personal knowledge
that Mumia
Abu-Jamal
did not shoot police officer Faulkner.
I
was hired, along with another guy, and paid to shoot and kill Faulkner.
I had heard that Faulkner was
a
problem for the mob and corrupt policemen because he interfered with the
graft and payoffs made to
allow
illegal activity including prostitution, gambling, drugs without prosecution
in the center city area.
Faulkner
was shot in the back and then in the face before Jamal came on the scene.
Jamal had
nothing
to do with the shooting.
Before
the shooting, I was shown a picture of Faulkner and told that Faulkner
was supposed to check
something
at Johnny Ds (at 13th and Locust) sometime in the early morning hours of
December 9.
Two
of us were hired for the shooting so that either of us could take the opportunity
to make the hit,
get
the job done, and leave. The other guy gave me a .38 caliber policeman’s
special and I was
also
carrying my own .22 caliber revolver.
I
waited at the speedline entrance at the north east of corner of Locust
and 13th at the parking lot, I
was
wearing a green (camouflage) army jacket. The other guy waited on the south
side of Locust
street
east of 13th Street towards Camac Street.
While
I was waiting at the speedline entrance for Faulkner to arrive at the location,
I saw police officers
in
the area. Two undercover policemen were standing on the west side of 13th
north of Locust. Also a
uniformed
police officer was sitting in a car in the corner of the parking lot, They
were there while the
shooting
of Faulkner took place. I was not worried about the police being there
since I believed that
since
I was hired by the mob to shoot and kill Faulkner, any police Officers
on the scene would be
there
to help me.
After
a while I saw Faulkner get out of a small police car parked behind a VW
parked on Locust
Street,
east of 13th St. Faulkner was alone. He got out of the police car end went
up to the vw.
I
heard a shot ring out coming from east on Locust Street, Faulkner fell
on his knee on the sidewalk
next
to the VW. I heard another shot and it must have grazed my left shoulder.
I felt something hard
on
my left shoulder. I grabbed at my shoulder and got blood on my hand.
I
ran across Locust Street and stood over Faulkner, who had fallen backwards
on the sidewalk, I shot
Faulkner
in the face at close range. Jamal was shot shortly after that by a uniformed
police officer who
arrived
on the scene.
Cop
cars came from all directions. Foot patrol also arrived. I saw a white
shirt getting out of a car in
the
middle of the 13th & Locust intersection just as I was going down to
the speedline steps.
I
left the area underground through the speedline system and by prearrangement
met a police officer
who
assisted me when I exited the speedline underground about three blocks
away. A car was waiting
for
me and I left the center city area.
The
foregoing is stated subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn
falsification
to authorities.
ARNOLD
R. BEVERLY 6-8-99
This is not the first time
that someone was reported wearing a green army jacket. On the scene that
morning, Mumia was wearing
a red and blue quilted waist-length jacket (property receipt 854920) and
William Cook was wearing
a dark blue nehru style coat with silver buttons (property receipt 854919).
According to William Cook's
affidavit, Kenneth Freeman was a passenger in his Volkswagon and
was wearing a green army
jacket. William Singletary testified during the 1995 PCRA that the
passenger of the VW was
wearing a long army overcoat and was the shooter (8/11/95; 235).
As well, two police officers
on the scene and two prosecution witnesses also reported that a person
or
people was/were wearing
(a) green jacket(s) at the scene of the incident. Police Officer James
Forbes
along with another Officer
was first on the scene. In his initial statement on 12/9/81, Forbes stated
that
Mumia...was wearing a green
jacket. I could see blood on the right side of his shirt. In his
statement dated 12/16/81,
Forbes continued to claim that, upon arrival at the scene, he saw a black
male (purportedly Mumia)
sitting at the curb wearing a green army jacket.
The second officer to buttress
the story of a black male in a green army jacket was Officer Trombetta.
In his initial statement
on 12/9/81, he said while we had him sitting in the waiting room he said
he
was shot. That was when
we discovered he was bleeding. He had one of those heavy green army
jackets on and you couldn't
see any blood at the time because of it. In his second interview
dated 12/17/81, he again
suggests Mumia was wearing a green army jacket.
The two prosecution witnesses
were Albert Magilton and Michael Scanlon. In 1995, Magilton wrongly
described Mumia as wearing
a green army field jacket when he was questioned by defense
investigator Michael Newman.
Scanlan described the driver of the VW as wearing a green army coat
(6/25/82; 8.26), but he
was confused about who shot Officer Faulkner. When he was asked to identify
if the shooter was in the
back of the police wagon, he said he thought that the man whom he saw was
the man who was driving
the VW (6/25/82; 8.46).
The confusion about the
green jacket becomes much clearer when aligned with Arnold Beverly’s
statement and the witnesses'
descriptions of the incident. Beverly stated that he crossed south
on Locust St. from the speed
line entrance in front of the infamous parking lot and finished the job
he
was sent to do. Cynthia
White and Albert Magilton, both were prosecution witnesses and stated that
they saw a black male crossing
the street from the same direction moments before shooting broke
out. Mumia's own recollection
of the events that unfolded 12/9/81 in an affidavit released in spring
of 2001, places him in his
cab parked on 13th St. adjacent to the parking lot, not in it, writing
in his
fares log book when the
shooting broke out. He was not facing the scene, so he used his mirrors
to
scan the scene. This is
when he spots his brother, goes to the scene, and is shot by a uniformed
Police Officer who was already
there.
There is even more corraborating
evidence to Arnold Beverly's detailed confession. An entry in the
medical examiner's log recorded
a statement made by Sergeant Westerman, a homicide detective, to
an investigator in the Medical
examiner's office by the name Stefan Makuch at about 9am on 12/9/81,
just 5 hours after the shooting.
Amongst other things, Sgt. Westerman was asked by Makuch about
who had shot Mumia. According
to Makuch, Westerman first consulted other officers in the homicide
unit before answering "the
assailant himself was shot subsequently by arriving reinforcements."
At an in-camera hearing
during the course of the trial on 6/28/82, Sgt. Westerman denied that he
had
said by whom Mumia was shot
(6/28/82; 18-19). This evidence plainly suggests that the general belief
of the Homicide office some
5 hours after the shooting was that Mumia was shot by arriving officers.
This evidence was excluded
from the original trial of an in-camera session: so Beverly could not have
been aware that this evidence
existed when he came forward and confessed.
At the trial, Dr. Hoyer,
the Assistant Medical Examiner, shed even more light to the dark, vagueness
of the prosecution's tale,
although not brought to light until recent times. He gave testimony to
the fact
that the injury sustained
to Faulkner's left knee was consistent to Faulkner falling on his left
knee as
was described by Beverly's
affidavit (6/25/82; 181). It should be noted here that the prosecution
described Faulkner being
shot in the back and then he spun around to fire off one shot at Mumia
as he
fell backwards onto the
pavement.
The police radio transcripts
also serve great purpose in giving detail as to the inconsistency of the
scenario presented by prosecution
at the 1982 trial. Faulkner's call for a wagon, his last radio
transmission came at 3:51:08.
At 3:52:27, a report comes in from police officers Wakshul and
Trombetta that a passer
by reported a police officer had been shot. Officers Shoemaker and Forbes
radio in from the scene
at 3:52:36. Flashes and enquiries come over the airwaves that the suspects
had fled the scene and they
had the police officer's gun. Some fourteen minutes after the arrival
transmition of Officer Forbesand
Shoemaker, the first report came in that the suspect was in custody
and that the weapon was
recovered at the scene.
It is easy to see how this
reaction could happen when it is testified to by Alphonso Giordano at the
suppression hearing that
a white cab driver (by default, Robert Chobert, a prosecution witness)
stated
that "the man that shot
the policeman ran away, and he was a MOVE member" (6/1/82; 70). William
Singletary also told Highway
Patrol Officer Vernon Jones about the shooter having fled the scene.
When the information is
compiled of the police discussing a shooter wearing a green army jacket,
when the police radio is
reporting a shooter has fled the scene, and when a homicide detective is
recanting his statement
about who shot Mumia, the question begs to be answered: Why would the
police have the need to
switch up so much and what were they trying to hide?
A police officer is dead
and his fellow officers are making screw up after screw up in the investigation.
It is apparent that Beverly's
statement is true: Center City police were corrupt and there were police
on
the scene when Daniel Faulkner,
their fellow officer, was executed. It wouldn't be the first time or the
last time Philadelphia's
men in blue would be accused, indicted, or convicted for corruption.
Weinglass and Williams sabotage
the case
It is one thing to be set
up by strangers; it is quite another to be betrayed by those you trust.
When
there is a man whose very
life is on the line, who has mountains of evidence not only pointing to,
but
proving his innocence, there
is but one defense: Mumia Abu-Jamal is innocent. Indeed, expose the
biased nature of the railroded
trial, expose the lies of a corrupt police force and city judiciary, expose
the incopetence of court-imposed
representation, but say the man is innocent!
To Mumia's face, to all
of his supporters, to the family and loved ones, Weinglass and Williams
claimed belief in his innocence,
but their JOB was to convey it and offer it's proof to the courts.
Instead, in the last acts
that Williams claims to be in defense of Mumia, a book was published...
Executing Justice. This
book was so harmful to Mumia that those who quote its pages most are in
the
District Attorney's office,
the office of the Fraternal Order of Police, and most unfortunately, in
the
decisions denying the acceptance
of the explosive offer of proof, Arnold Beverly's confession, by the
appelate judges as to why
they deny relief for Mumia in light of these - to the public - new revelations.
The book has worked as a
tool of the state, the exact opposite of what Williams purports its purpose
to have been. There is little
confusion as to why it is so valuable to the prosecution after reading
just
this small portion of the
introduction:
"Ah, ambiguity, West's proclaimation
(of Mumia's innocence) begs the question: is Mumia's stature as
a writer, the 'truth' of
his message, unworthy of attention if he is guilty of firing a bullet into
the brain of
a young police officer?
Does guilt for such an act necessarily muffle this voice for social justice?
Or
can such a guilty man nonetheless
still speak to us, clearly and credibly? Indeed, even if his guilt
somehow justifies extinguishing
his right to remain alive, does it extinguish the worth of his message?
Does Mumia's worthiness,
in short, as a voice for the voiceless depend upon his innocence? If so,
why?" Daniel R. Williams,
Executing Justice (St. Martin's Press, 2001).
From cover to cover, it
only expresses assumptions, for the author of this book, along with Weinglass,
failed to get one important
thing from their client in the history of their defense in this case, Mumia's
account of what happened
to him on December 9, 1981. They never bothered to find out what he saw,
where he was, or even when
he arrived on the scene. The whole case was an assumption. The whole
book was an assumption.
Every argument about the events that unfolded 12/9/81 were based on what
they assumed happened. And
to make such assumptions when representing a client who sits on
death row, on top of two
stayed death warrants, is more than assinign, it is homicidal.
The nature of this book
was not disclosed to Mumia. As Williams states in the final pages of
Executing Justice, this
was supposedly "to avoid even the insinuation that he (Mumia) had a hand
in
it." When Mumia did find
out and asked Weinglass if he had known about it, he denied it, but added
that he thought the book
would be beneficial for Mumia's plight. Due to the fact that Mumia relied
upon
Weinglass and Williams legal
guidance, he was unaware that his own legal team was sending him
down stream.
Much of the book contained
priveleged information that Mumia had not given authorization for its
release. In an attempt to
halt the publication of Executing Justice, Mumia filed a lawsuit based
on
many of the innacuracies
and misgivings, such as the assumption of how events unfolded 12/9/81
(layed out to the public
with detail as fact when Williams had no idea of Mumia's account of what
happened), as well as the
breech in the attorney client priviledge (Mumia Abu-Jamal V. St. Martin's
Press and Attorney Daniel
R. Williams, USDC (WD PA) Case No. 01-540). The book, however,
suceeded in getting published.
The publishing of Executing
Justice was not nearly the only incident that Mumia had to deal with, for
the relationship with the
legal team was already detioriorating. The book was merely the final blow.
Even more damning was the
"strategy" that was offered to the courts, as many have offered as a
defense for Weinglass and
Williams as Mumia's defense counselors. This legal team had knowledge
of Arnold Beverly's existence
since they were hired according to Rachel Wolkenstein's affidavit filed
by
Mumia's new legal team (Wolkenstein
assisted Mumia by investigating leads in the case since the
late 1980's, who later joined
Weinglass and Williams around the time of the 1995 PCRA). As William's
stated on page 329 of his
book, Weinglass and Williams never intended to further investigate the
information provided by
Arnold Beverly, but instead manuevered things from the beginning "to push
this
witness on to the trash
heap". Mumia however, was lead to believe that it was being further
investigated when it was
not.
Beverly's confession was
not the only evidence of innocence that had been pushed onto the trash
heap though. They discouraged
Mumia from taking the stand at the 1995 PCRA, thus suppressing his
version of the incident
and raising suspicion, justifiably, as to why an "innocent man" would fail
to
testify in post conviction
proceedings when the burden of proof would then fall upon the condemned.
Mumia is a very careful,
insightful, and knowledgable defendant. He has not been swayed in his
insistence of innocence.
He deals extremely well under pressure. There is no rational expanation
as to
why Mumia would be a bad
person or witness to put on the stand.
Another witness discouraged
from testifying was Mumia's brother, William Cook, who, according to
the prosecution, was the
only other person involved in the incident. In 1995, Cook had already given
his account to the defense
that both he and his brother had nothing to do with the shooting of Officer
Faulkner and that his friend
and business partner Kenneth Freeman or "Poppi", was a passenger in
the Volkswagonand later
confided in Cook that he was part of a hit to take out Faulkner. Weinglass
also discouraged Cook from
taking the stand. As well, Weinglass told the court that Cook has
"disappeared" because he
was fearful of being arrested on outstanding warrants. This was a blatant
lie, Cook and Wolkenstein
both state in their affidavits that Weinglass always had contact information
for Cook.
Discouraging witnesses from
testifying was not their only trick. They also diverted witnesses whom
they did put on the stand
from detailing evidence pointing to Beverly and Freeman as shooters.
William Singletary had given
his account of seeing Faulkner get shot and the shooter fleeing the
scene. When Singletary was
called to the stand, however, Weinglass told the court that his
recollection of the shooting
was innaccurate. Weinglass then proceeded to only question him about
the police threats and intimidation,
nothing more.
Arnold Howard testified
in 1995 that he loaned his driver's license aplication to Kenneth Freeman
on
12/9/81. That license was
found on Officer Faulkner's person. Weinglass had alredy discovered that
Howard and Freeman had been
detained and that Cynthia White picked Feeman out of a line up twice.
But Weinglass never questioned
Howard about this on the stand.
Why would Weinglass and
Williams choose to avoid presenting direct evidence that Freeman was
involved? Why would they
not get an affidavit from Beverly if it could free their client? They were
fearful
for their lives. In Wolkenstein's
affidavit , along with an investigator who worked briefly on the case
before the 1995 PCRA by
the name of Mike Newman, it was revealed that Weinglass had received a
death threat from Ron Freeman,
Kenneth Freeman's brother, that he would be "dead meat" if he
pursued evidence that Freeman
was a shooter. This death threat came from the warden's office of the
prison where Ron Freeman
was incarcerated.
It also does not take a
rocket scientist to understand that a proven corrupt police force involved
in an
assassination of a fellow
officer would go to great lengths to hide what they'd done. It was very
clear to
many of the individuals
who are close to Mumia and knew Weinglass that he was scared, to say the
least.
The defense presented by
Weinglass and Williams was not a special strategy they comprised to get
Mumia a new trial or to
overturn his conviction. It was a straegy to go through the motions of
a
defense, pray to get him
off on a technicality without having to present evidence of innocence,
and
hope to save their reputations
by presenting evidence of innocence to the public, while hiding it from
the courts. Their strategy
was to save their own necks while tying to find some legal loophole to
help
their client. They put their
own self interests before that of their clients. In a letter to Mumia about
Executing Justice written
by Weinglass, he says "He (Dan Williams) also, unbelievably, goes into
the
witness who we blocked from
coming forward (I really objected to this since it has not surfaced; Dan
thinks it will and this
is a pre-emptive strike)".
When the new legal team
came in and filed the confession of Arnold Beverly, the "pre-emptive strike
was used against Mumia.
That book has done nothing but harm to Mumia. As a matter of fact, it has
proven to be one of the
greatest assets the prosecution has had. It is a tool of the state. It
has been
used to divide the movement
to fee Mumia between those who fight for Mumia and those who fight to
save Weinglass' reputation.
Although indulging in the
opportunity it afforded the courts to keep the death machine steadily rolling
on Mumia, they did agree
that the book proved Weinglass and Williams to have defaulted their
obligation to their client
based on rule 1.8 of the Pennsylvania Rules of Professional Conduct that
one
cannot publish materials
about a client they are representing. Thus, after that final blow, the
legal team
was fired.
Conclusion
Mumia Abu-Jamal was available.
In this system, that is all you need to be locked up. On December
9th, 1981, in Center City
Philadelphia, being a vocal advocate of justice against police brutality,
being
a former Black Panther with
an 800-plus-page FBI file, and being an unapolegetic supporter of the
MOVE Organization made Mumia
all too tempting of a victim to pin the murder of a cop on, especially
when his brother was the
one pulled over at the scene.
Time and time again, Mumia
is used as a scapegoat, first by the police, then by the courts, and now
by his own defense representation.
He was locked up and framed because the police needed to pin
this murder they stained
their hands with blood on. They needed an open and shut case to throw off
the scent of the blood trail.
And Mumia is still in jail because two lawyers bit off more than they could
chew and feared for their
lives and their quality of living.
The only problem is that
when a lawyer takes a client's case, his client is #1. In this case, Weinglass
and Williams had a #1 client
and they blew it. Their only strategy was to get your sympathy.
If you would like a formatted
flyer version
Contact the International
Concerend Family and Friends of Mumia Abu-Jamal
P.O. Box 19709 Philadelphia
PA 19143
ICFFMAJ@aol.com
215 476-8812 www.mumia.org
MUMIA ABU-JAMAL'S
STATEMENT IN RESPONSE TO SUPREME COURT
DENIAL FOR NEW TRIAL
October 4, 1999
It was not
unexpected that the Supreme Court would deny my appeal. The Supreme
Court hears only a tiny percent of the cases that are brought before it,
roughly 75 out of 7,000 in one semester or a term of the court. I entertained
no expectations that mine would be granted. We have to remember that we
are working with a conservative court that has worked deciduously in the
Bush and Reagan administrations and now in the Clinton administration to
narrow the chances of anyone having had their case heard, not just a prisoner
on death row. Even the most charitable observer must agree that by virtue
of the court taking such a small fraction of the important cases that are
filed before it, it is
impossible
to ignore the fact that many grave injustices are going unresolved.
Given the
tone and tenor of recent Supreme Court opinions there is even
a sense of
relief that they didn't grant my third appeal. And the trend is
increasingly
in favor of the State, the trend is increasingly to disfavor the
defendant
and the accused. Certainly there are exceptions, but that's the
undeniable
trend, the expansion of state power and police power in the
retractions
of prisoners' rights.
The struggle
continued, the same old forces are still at work. Look what
happened when
I called into WBAI. I was literally pulled off the air a few weeks ago.
The recent Phillip Block debacle reflects too how desperate the state is
and their desperation is really an acknowledgement that none of them believed
Phil's confession story to begin with. Still we can't forget the old saying
that the truth shall set you free. I still believe that. I'd be a fool
not to.
From Death Row, Mumia Abu-Jamal
Click Here For Mumia Press Releases
Press Contact Numbers:
215-476-8812 (voice) and 215-476-7551 (fax) - Pam Africa
email the CCADP
for more info at info@ccadp.org
For more information on the status of Mumia's case or Friends of MOVE Toronto,
please email Friends Of MOVE at freemumia@onelist.com
Contact Mumia directly by email at mumia@aol.com
or by regular
post at: Mumia
Abu Jamal AM-8335
175 Progress Drive.
Waynesburg, Pennsylvania
15370-8090 USA
Contact the Toronto
Free Mumia Now Campaign at freemumia@hotmail.com,
or call us at (416)760-2152,
for more information on how you can become
involved.
Free Mumia Now Campaign
c/o Friends of MOVE
PO Box 341, Station P
Toronto, Ontario.
M5S 2S8.
Toronto Friends of MOVE at (416)760-2152.
For more information
on the status of Mumia's case or Friends of MOVE
Toronto, please
email Friends Of MOVE at freemumia@hotmail.com
The Free Mumia Now Campaign is
planning an emergency demonstration in the
event of a
new execution date for Mumia. In conjunction with International
support groups,
we will demonstrate on the Saturday following the
announcement
at 5 pm, location TBA. To get your name on our phone, fax or
email list,
email freemumia@hotmail.com
or call (416)760-2152.
Nelson Mandela Letter to Former Gov. Thomas Ridge
Dear Governor: On humanitarian grounds I urge you to use your
power as Governor of the State of Pennsylvania to commute the death sentence
imposed upon Mumia Abu-Jamal. The Consitutional Court of South Africa has
recently declared that the death penalty is inconsistent w ith the right
to life, the right to dignity and the right to be protected from cruel
and unusual punishment as enshrined in the Bill of Fundamental Rights in
the South African Constitution, Act No. 200 of 1993.
In accordance with these views I ask for your compassionate reconsideration
of the sentence imposed on Mr. Abu-Jamal.
Yours sincerely,
Nelson Mandela
President of South Africa
Now send
letter to Governor Schweiker
Governor Mark Schweiker
225 Main Capitol Building
Harrisburg, Pennsylvania
17120 USA
(717) 787- 2500
Email: http://sites.state.pa.us/PA_Exec/Governor/govmail.html
protest calls to:
Governor Mark Schweiker - Voice
-717-787-2500
Fax - 717-772-1198 &
717-783-4429
D.A. Lynn Abraham - Voice -
215-686-8700 Fax - 215-686-8024
US Atty Gen. Janet Reno - Voice -
202-514-2000 Fax - 202 514-4371
And please take a moment to fill out the Free Mumia Form Letter
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Justice
For Jimmy Dennis - An Innocent Man On Pennsylvania's Death Row
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Set Up On Death Row
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statement 1/99
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Parliament Supports Mumia Abu Jamal - Resolution
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Mumia's Essays From Death
Row
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