Mumia Abu-Jamal was convicted and sentenced for the murder of police officer Daniel Faulkner. Since the 1982 sentencing, there has been much speculation of injustice surrounding his trial. Many disagree on whether he is innocent or guilty, the severity of his punishment, and he received a fair trial.
On December 9, 1981 officer Daniel Faulkner was shot and killed on a traffic stop of a vehicle registered to William Cook, Mumia Abu-Jamal's brother. Mumia Abu-Jamal was shot by Daniel Faulkner and was taken to Thomas Jefferson University Hospital. Later he was charged with the first-degree murder of Daniel Faulkner.
The prosecution case at trial consisted of four witnesses whose testimony put Mumia Abu-Jamal at the crime scene. It also included testimony of Abu-Jamal admitting to the murder while at the hospital for his injuries. The defense trial consisted of nine character witnesses, and others who claimed to have seen another man running from the scene.
Post-trial developments depict a very different scene than that portrayed to the jury. Many believe that racism, Jamal's involvement in the Black Panther Political party and his exposure of police brutality prevented the completion of the appeal process and re-trial. The following are post-trial developments and factors found directly from http://www.freemumia.org/.
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 WitnessesIn 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 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 WitnessesIn 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.
There has been a worldwide movement in support for Mumia Abu-Jamal including celebrities like Susan Sarandon and Danny Glover. If you believe in justice, Mumia's innocence and human rights you can go on http://www.freemumia.org/ to learn more about the case and print out informational flyers to spead the word.
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