The
Case of Mumia Abu-Jamal:
An Innocent Man on Death Row
EVIDENCE
IGNORED! 25 YEARS STOLEN!
Who
is Mumia Abu-Jamal?
Mumia Abu-Jamal is a renowned journalist from Philadelphia who has been in
prison since 1981 and on death row since 1983 for allegedly shooting Philadelphia
police officer Daniel Faulkner. He is known as the “Voice of the Voiceless” for
his award- winning reporting on police brutality and other social and racial
epidemics that plague communities of color in Philadelphia and throughout the
world. Mumia has received international support over the years in his efforts
to overturn his unjust conviction.
Mumia Abu-Jamal was
serving as the President of the Association of Black Journalists at the
time of his arrest. He was a founding member of the Philadelphia Chapter
of the Black Panther Party as a teenager. Years later he began reporting
professionally on radio stations such as NPR, and was the news director
of Philadelphia station WHAT. Much of his journalism called attention
to the blatant injustice and brutality he watched happen on a daily basis
to MOVE, a revolutionary organization that works to protect all forms
of life--human, animal, plant--and the Earth as a whole.
The
Scene
In 1981, Mumia worked as a cab driver at night to supplement his income. On
December 9th he was driving his cab through the red light district of downtown
Philadelphia at around 4 a.m. Mumia testifies that he let off a fare and parked
near the corner of 13th and Locust Streets. Upon hearing gunshots, he turned
and saw his brother, William Cook, staggering in the street. Mumia exited the
cab and ran to the scene, where he was shot by a uniformed police officer and
fell to the ground, fading in and out of consciousness. Within minutes, police
arrived on the scene to find Officer Faulkner and Mumia shot; Faulkner died.
Mumia was arrested, savagely beaten, thrown into a paddy wagon and driven to
a hospital a few blocks away (suspiciously, it took over 30 minutes to arrive
at the hospital). Mumia somehow survived.
The
Trial
The trial began in 1982 with Judge Sabo (who sent more people to death row
than any other judge) presiding. Mumia wished to represent himself and have
John Africa as his legal advisor, but before jury selection had finished, this
right was revoked and an attorney was forcibly appointed for him. Throughout
the trial, Mumia was accused of disrupting court proceedings and was not allowed
to attend most of his own trial. Sabo lived up to his nickname of “Prosecutor
in Robes.”
The
Evidence
The prosecution claimed that the shot which killed Faulkner came from Mumia
Abu-Jamal’s legally registered .38-caliber weapon, contradicting the
medical examiner’s report that the bullet removed from Faulkner’s
brain was a .44-caliber. This fact was kept from the jury. Moreover, a ballistics
expert found it incredible that police at the scene failed to test Mumia’s
gun to see if has been recently fired, or to test his hands for powder residue.
One of the most damning prosecution claims was that Mumia confessed at the
hospital. However, this confession was not reported until nearly two months
after December 9th, immediately after Mumia had filed a brutality suit against
the police. One of the officers who claims to have heard the confession is
Gary Wakshul. However, in his police report on that day he stated, “the
Negro male made no comments.” Dr. Coletta, the attending physician who
was with Mumia the entire time, says that he never heard Mumia speak.
The
Witnesses
The star prosecution witness, a prostitute named Cynthia White, was someone
no other witness reported seeing at the scene. During the trial of Billy Cook
(Mumia’s brother) just weeks before Mumia’s trial, White gave testimony
completely contradictory to what she stated at Mumia’s trial. Her testimony
at Billy Cook’s trial placed someone at the scene who was not there when
police arrived. This corroborates the other five witness accounts that someone
fled the scene. In a 1997 hearing, another former prostitute, Pamela Jenkins,
testified that White was acting as a police informant. Other sworn testimony
revealed that witness coercion was routinely practiced by the police. In 1995,
eyewitness William Singletary testified that police repeatedly tore up his
initial statement--that the shooter fled the scene--until he finally signed
something acceptable to them. The following year, witness Veronica Jones came
forward to testify that she had been coerced into changing her initial statement
that two men fled the scene. Witness Billy Cook, who was present the whole
time, has stated very clearly that Mumia is absolutely innocent.
The
Sentence
Due to police manipulation of witnesses, fabrication of evidence, and the rights
of the defense severely denied, Mumia was found guilty. He was sentenced to
death during the penalty phase based solely on his political beliefs. Mumia
has been unjustly separated from his family for twenty-two years, with the
threat of death looming over his head.
New
Witnesses
In 2001, court stenographer Terri Maurer-Carter came forward and stated that
in 1982, before Mumia’s trial began, she heard Judge Sabo say, “Yeah,
and I’m going to help them fry the n****r.” He was referring to
Mumia. This backs up evidence of judicial bias and racism in Mumia’s
case. In the same year, esteemed Philadelphia journalist Linn Washington stated
that on the morning of December 9th, 1981, he went to the scene to report on
it--and no police were present. This backs up prior claims that police didn’t
handle the crime scene properly.
The
Confession
In 1999, Arnold Beverly confessed to killing Officer Faulkner. This confession
is validated by a lie detector test administered by eminent polygraph expert
Charles Honts. Despite concrete evidence supporting this confession, the Philadelphia
District Attorney has refused to investigate, and the courts have not even
allowed it to be heard. The injustice continues . . .
The
Decisions
On December 18th, 2001, Judge Yohn issued a decision on the Habeas Corpus petition
in Federal District Court. He upheld Mumia’s unjust conviction, but challenged
the sentencing phase (the death sentence). This means there could be a new
sentencing hearing after all appeals are resolved, but the only options are
life in prison with no possibility of parole or another death sentence. This
is not justice. There is massive evidence of Mumia’s innocence and he
should be absolutely free. Mumia’s legal team
filed an appeal of this decision in January of 2002. Mumia remains on death
row until
all appeals by both sides are heard.
Judge Pamela Dembe’s
November 21, 2001, rejection of Mumia’s request to reopen the PCRA
hearings was appealed by Mumia’s legal team. Judge Dembe based her
decision almost entirely on the Peterkin case, which has just been overturned!
On October 8, 2003, the Pennsylvania Supreme Court rejected the appeal,
stating that the Beverly confession cannot be heard due to time limitations.
The court also stated that Terri Maurer-Carter’s testimony is irrelevant.
The struggle continues.
The
Movement
A broad international movement has formed in support of Mumia. Celebrities
such as Danny Glover, Ossie Davis, and Susan Sarandon, world leaders like Nelson
Mandela, Danielle Mitterand (former First Lady of France), and Fidel Castro,
governing bodies
such as the Japanese Diet, 22 members of the British Parliament, and the European
Parliament have all recognized the blatant injustice in this case and have
called for a new trial at the very least. Millions of people throughout the
world have taken to the streets to protest his unjust imprisonment.
Mumia’s case has
been a unifying point for many social struggles because it concentrates
issues vitally important to our future, such as the rise in prison populations,
police brutality, the death penalty, persecution of political dissent,
and the continuation of white supremacy and racism in the U.S. From death
row, Mumia has continued to speak out for all who are oppressed through
his journalism. He has published four books, and his weekly columns are
published throughout the world. His case is one of the most important
social justice fights of our time.
Send our brotha
some LOVE and LIGHT at:
Mumia Abu-Jamal
AM 8335
SCI-Greene
175 Progress Drive
Waynesburg, PA 15370
