The Case of mumia abu-jamalinformation booklet January 2006

T h e W o r l d N e e d s Mumia Abu-Jamal’s Release!

t h e t i m e f o r a c t i o n i s n o w !

“Every generation should have a

moral assignment, and one of ours

must be justice for Mumia Abu-Jamal”

-Ossie Davis

"Conventional wisdom would have one believe that it isinsane to resist this, the mightiest of empires.... But whathistory really shows is that today's empire is tomorrow'sashes, that nothing lasts forever, and that to not resist isto acquiesce in your own oppression. The greatest formof sanity that anyone can exercise is to resist that forcethat is trying to repress, oppress, and fight down theh u m a n s p i r i t . - M u m i a A b u - J a m a l

MUMIA’S LIFE IS IN EXTREME DANGER! HIS LAST APPEAL IS CURRENTLY IN THE FEDERALCOURTS. IF THIS IS DENIED A DEATHWARRANT AND EXECUTION DATEWOULD BE INEVITABLE. THE STRUGGLE FOR MUMIA’S LIFE ISPART OF A WAR FOR ALL OF OURLIVES, FOR FREEDOM. THIS BOOK ISA WEAPON. RESEARCH, LEARN,TEACH, ORGANIZE. NOW IS THETIME, THE TOOL IS IN YOUR HAND,ALL OF OUR FREEDOM IS AT STAKE!International Concerned Family and Friends of Mumia Abu-Jamal

(215)476-8812 www.Mumia.org ICFFMAJ@aol.com

r e l e a s e m u m i a a b u - j a m a l ! p a g e 1

"When a cause comes alongand you know in your bonesthat it is just, yet refuse todefend it, at that moment youbegin to die. And I have neverseen so many corpses walkingaround talking about justice."--Mumia Abu-Jamal

T a b l e o f c o n t e n t sW h o i s M u m i a ? Mumia’s Affidavit Billy Cook’s Affidavit Beverly’s Confession Yvette Williams Affidavit Kenneth Pate Affidavit Terri Carter Affidavit Why Mumia was Targeted Constitutional Violations The Unjust Prosecution Reality of the Federal CourtsICFFMAJ Statement on Judge Dembe7/05 Legal Update12/6/05 3rd Circuit Court DecisionNational Black Caucus of StateLegislators ResoulutionNAACP ResolutionGovernmental Terrorism Against theMovement to Free MumiaResources and How to Help Mumia

Page 2Page 6Page 8Page 11Page 13Page 15Page 17Page 18Page 22Page 26Page 32Page 34Page 37Page 40

Page 44Page 45

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END THE OCCUPATION OF PALESTINE! Page 50

Live From Death Row - a powerful collection of essaysmany of which speak of what life is like on death rowDeath Blossoms-A beautiful collection of thoughts, poemsa n d e s s a y s f r o m d e a t h r o wAll Things Censored - A collection of commentaries whichwere originally to be aired on NPR before NPR crumbled under police pressureFaith of Our Fathers - An examination of the religiousfaith of African people and those of African descent before and after slaveryWe Want Freedom - A gripping history of the Black PantherParty which contextualizes its place in the history of African resistance

Donate to the Movement!Send funds to:The National Black United Fund4 0 C l i n t o n S t .N e w a r k , N J 0 7 1 0 2Checks must be earmarked “MumiaOrganizing” and will go to the “ICFFMAJ” to continue organizingand educating the public of Mumia’sl e g a l a n d p o l i t i c a l b a t t l e .

International Concerned Familyand Friends of Mumia Abu-JamalP O B o x 1 9 7 0 9 P h i l a d e l p h i a , P A 1 9 1 4 3( 2 1 5 ) 4 7 6 - 8 8 1 2I C F F M A J @ a o l . c o mw w w . M u m i a . o r g

B O O K S B Y M U M I A A B U - J A M A L

READ ANS LISTEN TO MUMIA’S REGULAR COMMENTARIES!To listen go to www.prisonradio.org To subscribe to recieve new

commentar ies v ia emai l wr i te too: L i teStar01@aol .com

f r e e a l l p o l i t i c a l p r i s o n e r s ! P a g e 2

w h o i s m u m i a a b u - j a m a l ?Mumia Abu-Jamal is a renowned

journalist from Philadelphia who hasbeen on deathrow since 1981 forallegedly shooting police officerDaniel Faulkner. He is known as “TheVoice of the Voiceless” for his awardwinning reporting on police brutalityand other social and racial epidemicsthat plague communities around theworld. Mumia has recieved international support in his effort tooverturn his unjust conviction.

Mumia Abu-Jamal was servingas the President of the Associationof Black Journalists at the time ofhis arrest. He had been a foundingmember of the Philadelphia chapterof the Black Panther Party as ateenager. Years later he beganreporting professionally on radiostations such as NPR,and was news directorof the Philadelphia sta-tion, WHAT. Much of hisjournalism called atten-tion to the blatant injus-tice and brutality that hewatched happen on adaily basis to MOVE, arevolutionary organiza-tion that works to protectall forms of life-human,animal, plant-and the Earth as awhole. Mumia is a commited supporter of the MOVE Organization.

In 1981, Mumia worked as a cabdriver at night to supplement hisincome. On December 9 he wasdriving his cab through the red lightdistrict of downtown Philadelphiaaround 4am. Mumia testifies that helet off a fare and parked near the cornerof 13th and locust streets. Uponhearing gunshots he turned and sawhis brother, William Cook, staggeringin the street. Mumia exited the caband ran to the scene, where he wasshot by a uniformed police officer andfell to the ground, fading in and out ofconsciousness. Within minutes,police arrived at the scene to findOfficer Faulkner and Mumia shot;Faulkner died. Mumia was arrested,savagely beaten, thrown into a paddywagon and driven to a hospital a few

blocks away (suspi-ciously it took over30 minutes to arriveat the hospital).Mumia somehow survived.

The trial began in 1982with Judge Sabo (whohad sent more peopleto deathrow than anyother judge) presiding.

Mumia wished to represent himself, but before jury selectionhad f in ished, th is r ight was

T H E S C E N E

T H E T R I A L

F R E E E D D I E H A T C H E R ! P a g e 4 9

1) Educate - Contact the International Concerned Family and Friends of MumiaAbu-Jamal and recieve copies of flyers and information books to distribute 2) Stay Updated by checking the listed websites or calling our info number regularly. Be ready to come to Philadelphia or set up demonstrat ions in your area at a moments not ice.3) Encourage your local bookstores to order and stock Mumia’s books.Organize book readings or have Mumia’s regular commentaries read or published. 4) Go to open mic’s, poetry readings, political events and speak outabout Mumia, the death penal ty and po l i t ica l pr isoners.5) Donate funds to the movement or the legal struggle (details follow)6) Start your own local coalition for justice for Mumia and let us know.

Mumia Abu-Jamal #AM8335SCI-Greene 175 Progress Dr.Waynesburg, PA 15370Mumia recieves large amounts of mailand can’t always respond. However,an encouraging note always helps.

1) www.Mumia.org - The site of the InternationalConcerned Family and Friends of Mumia Abu-Jamal2) www.FreeMumia.com- site of the Free Mumia Coalition, NYC3) www.FreeMumia.org - The site of the Mobilizationto Free Mumia based in the Bay area of California4) www.Mumia2000.org - The site of the “Millions forMumia” branch of the International Action Center”5) w w w. P r i s o n R a d i o . o r g - home of Mumia’s radio commentaries which are still recorded, from death row, on a weekly basis6 )www.FreeMumia .ne t - La t i n@s fo r Mumia7 ) w w w. e m a j o n l i n e . c o m - E d u c a t o r s f o r M u m i a

GET INVOLVED IN THE MOVEMENT!

W R I T E T O M U M I A

WEBSITES WITH INFORMATION ON MUMIA’s STRUGGLE

Mumia as a teen working in

the Black Panther Party office

R e l e a s e t h e m o v e 9 ! P a g e 3revoked and an attorney was forciblyappointed for him. Throughout thetrial Mumia was accused of disruptingcourt proceedings and was notallowed to attend most of his owntrial. Sabo lived up to his nicknamesas “the hanging judge” and “the prosecution’s friend.”

The prosecution claimed that theshot that killed Faulkner came fromMumia’s legally registered .38 caliberweapon. However they could notlink Mumia’s gun to the murder. Aballistics expertfound it incredible thatpolice at the scene failed to testMumia’s gun to see if it had beenrecently fired, or to test his hands forpowder residue. One of the mostdamning prosecution claims was thatMumia confessed atthe hospital. However,this confession was notreleased until nearly 2months after December9th, immediately afterMumia filed a brutalitysuit against the police.One of the officers whoclaimed to have heardthe confession wasG a r y W a k s h u l .However, in his police report on thatday he stated “the negro male madeno comments.” Also, Dr. Coletta, theattending physician who was withMumia the whole time, says that henever heard Mumia speak.

The star prosecution witness, aprostitute named Cynthia White, wasnot seen at the crime scene by anyother witness. During the trial of BillyCook (Mumia’s brother) just weeksbefore Mumia’s trial, White gave testimony completely contradictoryto what she stated at Mumia’s trial.Her testimony at Cook’s trial placedsomeone at the scene who was notthere when police arrived. Thiscorraborates the other five witnessaccounts that someone fled thescene. In a 1997 hearing, anotherformer prostitute, Pamela Jenkins,testified that White was acting as apolice informant.

Other sworn testimony revealed thatwitness coercion was routinelypracticed by the police. In 1995,

eyewitness WilliamSingletary testifiedthat police repeatedlytore up his initial state-ment-that the shooterfled the scene -untilhe finally signedsomething acceptableto them. The follow-ing year, witnessVeronica Jones cameforward to testify that

she had been coerced into changing her initial statement thattwo men fled the scene. Witness BillyCook,who was present the wholetime, has stated very clearly thatMumia is absolutely innocent.

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T H E W I T N E S S E SF R E E M U T U L U S H A K U R ! P a g e 4 8

that he lied and stated that hehad not supported Mumia anddid not know how his nameappeared on the lists. He wasout of the race because of thebully tactics of the FOP.

These are only a few examplesof over 23 years of police terrorism.Over the years people have beenbeaten as happened onDecember 8th, 2001 when policeattacked a Philadelphia marchfor Mumia, beatand mistreatedsome demon-strators, arrest-ed 8 and onecop even held agun to the headof a teenagerattending thedemonstration.The police havebroken into theoffice of theI n t e r n a t i o n a lC o n c e r n e dF a m i l y a n dF r i e n d s o fM u m i a A b u -J a m a l a n dstolen files andsabotaged com-puters so manytimes that it is hard to keep track.Each time a police report wasfiled, each time they claimed tohave no leads. When a young,new activist arrived to Philly in2001 to work at the Mumia officethey stopped he and anotheractivist, threw them in the car,threatened them, drove themaround some of the worst neighborhoodsin Philadelphia and droppedthem off in the middle of one of

them in order to "teach them alesson." In the early 90's theabandoned house, which wasconnected to Pam Africa's home(head of ICFFMAJ) was set onfire. When police and fire fightersarrived, instead of putting out thefire, they went into Pam's basementwhere all of the Mumia files andorganizing tools were stored andflooded everything with firehoses, ruining all materials.

They continuedto let the fireburn and wouldhave likely let itc o n s u m eP a m ' s h o m ehad there notbeen so manywitnesses.

The mostc r y s t a l l i z e dexample of thisgovernment 'sterrorism tostop this move-ment came onMay 13th, 1985when the policealong with theS t a t e a n dFederal govern-ment dropped a

b o m b o n MOVE's homekilling 6 adults and 5 children.They have done and are doingeverything to try to stop thismovement but what they can'tunderstand is that we have thetruth and to quote MOVE'sfounder, JOHN AFRICA:

"THE POWER OF TRUTH IS FINAL!"

LONG LIVE JOHN AFRICA!

f r e e l e o n a r d p e l t i e r ! P a g e 4

Due to police manipulation of witnesses,fabrication of evidenceand the rights of the defense severally denied, Mumia was foundguilty. He was sentenced to deathduring the penalty phase basedon his political beliefs (the prosecution actually used histeenage years in the BlackPanther Party to argue premeditation). Mumia has beenunjustly separated from his familyfor over 24 years with the threat ofdeath looming over his head.

In 2001, a court stenographer, TerriMaurer-Carter, cameforward and statedthat in 1982, beforeMumia’s trial began,she heard JudgeSabo say ”Yeah, andI’m going to helpthem fry the nig-ger.” He was refer-ring to Mumia. Thisbacks up evidence ofjudicial bias andracism in Mumia’s case.

Many other witnesses havecome forward backing Mumia’sclaim of innocence. Among themare Kenneth Pate whose affidavitagain discredits the alleged confession of Mumia and Yvette

Williams whose affidavit furtherdiscredits key prosecution witnessCynthia White.

In1999, Arnold Beverly confessedto killing police officer DanielFaulkner. This confession is validated by two lie detector testsadministered by eminent polygraphexpert Charles Honts. Despite evidence supporting this confession,the Philadelphia DA has refused toinvestigate and the courts havethrown it out. The injustice continues...

On December 18th,2001 Judge Yohn issueda decision on the HabeasCorpus petition in theFederal District Court. Heupheld Mumia’s unjustconviction, but challengedthe sentencing phase (thedeath sentence). He gaveboth sides 90 days toappeal and if neitherappealed then Mumiawould be given life inprison with no possibility ofparole. Of course bothsides appealed so the

case went back into the third circuit courtof appeals. Furthermore, life in prisonwould never be acceptable for aninnocent man.

Yohn’s decision resulted inconfusion because the mediamade i t appea r as i f Mumia

T H E S E N T E N C E

N E W W I T N E S S E S

T H E C O N F E S S I O N

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F R E E S U N D I A T A A C O L I ! P a g e 4 7Similar tactics were used earlier in

that same year when in January of1999 Rage Against the Machine, theBeastie Boys, Bad Religion, Chuck Dand Black Star did a massive benefitconcert for Mumia in New Jersey.The concert sold all 20,000 seatsavailable. Days before the concertthe FOP went to the media and toldparents thatthey shouldnot allowtheir childrento attendbecause itwould be"violent" and" p r o m o t e dthe murderof police".They alsot h r e a t e n e dthat policewould refuseto do securi-ty for theconcert andchaos woulde n s u e .Despite this,very few tick-ets werereturned andthey were re-p u r c h a s e dimmediately.The concert went very well, educatedthousands on Mumia's struggle andraised funds. Soon after the concertthe Fraternal Order of Police took thematter to court claiming that this concertwas profiting from a murder when infact it was a concert to raise legalfunds for an innocent man. Theycontinued to push the issue in court,which exhausted much of the funds

that were raised. The Fraternal Orderof Police harassed and targeted RageAgainst the Machine extensively fortheir outspoken support of MumiaPolice beat rage fans wearing Mumiashirts at concerts on many occasions.

The FOP's harassment of anyonewho speaks out for Mumia is notorious.Philadelphia area Attorney Angus

Love had been aMumia support-er for years.He was a well-r e s p e c t e dattorney whohad signedmany petitionsfor Mumia'sre lease. InDecember of2003 AngusLove withdrewfrom the run-ning of a posi-t i o n i n t h eNarberth, PAB o r o u g hC o u n c i lbecause theFOP began asmear cam-paign againsthim based onhis support of

Mumia. Love had been a likely win-ner in the election until the FOP hada press conference stating that Lovesupported the murder of police officers.T h e m e d i a , b e i n g f e d misinformation by the FOP continued toslander Love's name. Everything that thisman had worked for was being takenfrom him and he backed down. H e f e l t s o m u c h p r e s s u r e

h a n d s o f f a s s a t a ! P a g e 5had been released from death row. In

actuality he never left his death row cell. The case was also on appeal in the

State courts. Judge Pamela Dembethrew out much evidence of Mumia’sinnocence setting very dangerouslegal precedents. Dembe threw outthe Beverly confession because oftimeliness and threw out the testimonyof Maurer-Carter thatSabo stated “Yeah,and I’m going to helpthem fry the nigger!”stating that even if thejudge had said this thatdoes not mean thatracism effected his rul-ings. Recently, in Juneof 2005 Dembe threwout the appeal alltogether. This meansthat Mumia’s life is inextreme danger. Hiscurrent Federal appealis the last appeal he has.

On December 6, 2005 a ruling wasmade by the U.S. Third Circuit Court ofAppeals reversing two critical FederalCourt decisions in Mumia’s case.They granted "certificates of appeala-bilty" to Mumia to challenge defensealleged race and judicial bias in the1995 PCRA proceedings and allowedMumia to challenge the 1982 trialsummation remarks of the state's leadprosecutor, Joseph McGill, who toldthe jury, "If you find the Defendantguilty of course, there would be appealafter appeal and perhaps there couldbe a reversal of the case, or whatever,so that may not be final."

The case is now on the legal fasttrack. On January 17 the State ofPennsylvania has to present its openingbrief, thirty days later the defense mustrespond, followed by a series of rebuttals.The 10-person court will then

issue a decision or set a date for ahearing and oral arguments. The ThirdCircuit could either order a new trial onall issues, send the case back to theFederal District Court to re-hear theissues, have a new PCRA hearing,give Mumia life in prison without paroleor totally deny the appeal and a deathwarrant could then be signed. Now is

a very critical time andaction must be taken!

A broad internationalmovement has formedin support of Mumia.Celebrities such asDanny Glover, OssieDavis and SusanSarandon, world leaderslike Nelson Mandela,Danielle Miterand (for-mer First Lady ofFrance) and Fidel

Castro, governing bodies such as theJapanese Diet, 22 members of theBritish Parliament, and the EuropeanParliament have all recognized the blatantinjustice in this case and have called fora new trial at the very least. Millions ofpeople around the world have taken to thestreets to protest his unjust imprisonment.

Mumia’s case has been a unifyingpoint for many struggles because it concentrates issues vitally important toour future, such as the rise in prison population, police brutality, the deathpenalty, persecution of political dissent,and the continuation of racism in the US.From death row, Mumia has continuedto speak out for all who are oppressedthrough his journalism. He has published many books, and his weeklycolumns are heard on radios and arepublished throughout the world. Hiscase is one of the most important socialjustice fights of our time!

THE MOVEMENT

JUST BECAUSE IT’S LEGAL DON’T MAKE IT RIGHT! PAGE 46

G O V E R N M E N T A L T E R R O R I S MA G A I N S T T H E M O V E M E N TMumia Abu-Jamal has been on death

row for over 23 years now as a result ofgovernmental terrorism. Immediatelyafter Mumia was arrested a cohesivemovement formed for his release andthis movement has constantly beenunder attack. The injustices in the caseof Mumia Abu-Jamal expose this systemon every level: the police, the courtsand the media. Those who do not wantthese injustices to be exposed will go toany lengths to silence those who aretelling the truth. The police have intimidated witnesses, beaten demonstrators,falsified evidence, falsely imprisoned,and murdered. The courts have turneddown every appeal and sided with theprosecution on every occasion to theextent that they denied hearing ArnoldBeverly confess to killing OfficerFaulkner (the crime Mumia is incarceratedfor) on the grounds that it wasn't "timely."T h e m e d i a h a v e s p r e a d blatant lies with obvious bias in order toturn people away from the movement.

Immediately after Mumia's arrest thisgovernment began a campaign ofintimidation and terror. Witnesses suchas Veronica Jones and DessieHightower were threatened andcoerced by police. On December 13th,1981, the newsstand owned byMumia's brother, William Cook, wasburned to the ground in Center CityPhiladelphia. On May 13th, 1985 thecity of Philadelphia, along with the Stateand Federal government, dropped abomb on the MOVE Organization killing6 adults and 5 MOVE children andburning over 60 homes to the ground.(MOVE is the catalyst behind the movementto free Mumia and MOVE's founderJOHN AFRICA, who was in the house,founded the first coalition for Mumia).

This harassment and governmental

terrorism continues to this day. TheFraternal Order of Police have workedto intimidate celebrity supporter's ofMumia, disrupted and beaten peopledemonstrating for his release and haveworked with the national media(remember 20/20) to misinform thepublic about Mumia's case. They havealso made strong efforts to stop thefunding of the movement for justice forMumia. In 1999, the day after theimmensely successful April 24th"Millions for Mumia" demonstration, thePhiladelphia Inquirer ran a front-pagearticle questioning the relationshipbetween the Black United Fund and theInternational Concerned Family andFriends of Mumia Abu-Jamal. This wasthe opener in a series of attacks anddirty politics to try to stop the funding ofthe movement. The Black United Fundis a non-profit organization, whichworks to support the African-Americancommunity. Since 1991 they had provided the service to the InternationalConcerned Family and Friends ofMumia (that they provided to manyorganizations) of allowing checks forMumia's legal and organizing funds tobe sent through the BUF using the BUFas an umbrella group to collect donations.

The campaign to stop funds frombeing collected continued and MayorRendell (now Governor and at the timeof Mumia's arrest DA) stated thatunless the BUF backed down and cutties with Mumia they would be droppedfrom the "Combined Campaign"(agroup of charities that city workersdonate too). The city continued toattack the Black United fund puttingthem through financial hell. The groupremained strong and refused to droptheir service to the Mumia movement.

B R I C K B Y B R I C K ! P a g e 6THE AFFIDAVIT OF MUMIA ABU-JAMALMany people who are pushing to execute Mumia claim that he has never stated that

he is innocent and that he has never spoken about the early morning hours ofDecember 9th. Mumia plead innocent in 1982 and has always clearly stated that he isinnocent. The following statement by Mumia clearly proves the falsehood of their claim.

I, Mumia Abu-Jamal, declare:

1. I am the Petitioner in this action. Ifcalled as a witness I could and wouldtestify to the following from my ownpersonal knowledge:

2. I did not shoot Police OfficerDaniel Faulkner. I had nothing to dowith the killing of Officer Faulkner. Iam innocent.

3. At my trial I was deniedthe right to defend myself.I had no confidence in mycourt-appointed attorney,who never even askedme what happened thenight I was shot and thepolice officer was killed;and I was excluded fromat least half of the trial.

4. Since I was denied allmy rights at my trial I did not testify. Iwould not be used to make it look likeI had a fair trial.

5. I did not testify in the post-convictionproceedings in 1995 on the advice ofmy attorney, Leonard Weinglass,who specifically told me not to testify.

6. Now for the first time I have beengiven an opportunity to tell what happened to me in the early morninghours of December 9, 1981. This iswhat happened:

7. As a cabbie I often chose 13th andLocust Street because it was a popularclub area with a lot of foot traffic.

8. I worked out of United Cab on thenight of 12/9/81.

9. I believe I had recently returnedfrom dropping off a fare in WestPhilly.

10. I was filling out my logwhen I heard someoneshouting.

11. I glanced over in myrear view mirror and saw aflashing dome light of apolice cruiser. This was notunusual.

12. I continued to fill outmy log/trip sheet when I heard whatsounded like gun shots.

13. I looked again into my rear viewmirror and saw people running upand down Locust.

14. As I scanned I recognized mybrother standing in the street staggering and dizzy.

15. I immediately exited the cab andran to his scream.

J A I L R E N D E L L , F R E E M U M I A ! P A G E 4 5NAACP Resolution for New Trial for Mumiaand a National Death Penalty Moratorium

Adopted at NAACP National Convention, Philadelphia, PA, 7/15/2004

WHEREAS, the NAACP adopted a resolutionin 2001 re-affirming our opposition to thedeath penalty due to its racially disparateapplication; and

WHEREAS, the NAACP has re-affirmedits 1975 resolution opposing the deathpenalty on the grounds that it constitutescruel and unusual punishment in violationof the Eighth Amendment of the UnitedStates Constitution; and

WHEREAS, many people, includingMumia Abu-Jamal, are incarcerated ondeath row and face possible execution;and

WHEREAS, morethan 320 people ondeath row havebeen exonerated;and

WHEREAS, though African Americansmake up only 12.4% of the U.S. population,we make up 38% of all the Americans thatwere sentenced to death and later freedafter being found innocent; and

WHEREAS, African Americans make up35% of those being found innocent afterbeing executed; and

WHEREAS, African Americans make upover 80% of those awaiting execution onfederal death row; and

WHEREAS, 145 peop le have been exonerated based upon DNA evidence; and

WHEREAS, there is no possible way ofrestoring the life of aninnocent personkilled by the death penalty;

and WHEREAS, the implementation of thedeath penalty raises concerns regarding biasidentification, police and prosecutorial misconduct, judicial apathy in protectingthe rights of the accused, faulty evidence,inadequate defense representation,coerced confessions, and fabricatedtestimony, and,

THEREFORE BE IT RESOLVED that theNational Association for the Advancementof Colored People reiterates its strongopposition to the death penalty; and

BE IT FURTHER RESOLVED that theNAACP calls on its units throughout the

United States andthe world to supportthe internationalcall for Mumia Abu-Jamal to bereleased fromdeath row; and

BE IT FURTHER RESOLVED that theNAACP rei terate i ts suppor t o f theinternational movement for a new and fair

trial for Mumia Abu-Jamal; and

BE IT FINALLY RESOLVED that theNAACP renew its call for new nationwidestudies on racial discrimination, the adequacy of counsel, access to modernresearch technology such as DNA analy-sis, the sentencing of children and womento the death penalty and that the NAACPreiterate its call for a national moratoriumon all executions.

s s : K w e i s i M f u m e , P r e s i d e n t a n dC E O ; J u l i a n B o n d , C h a i r m a n o ft h e B o a r d o f D i r e c t o r s

16. As I came across the street Isaw a uniformed cop turn toward mewith a gun in his hand, saw a flashand went down to my knees.

17. I closed my eyes and sat still trying to breathe.

18. The next thingthat I remember I feltmyself being kicked,hit and being broughtout of a stupor.

19. When I openedmy eyes, I saw copsall around me.

20. They were holler-ing and cursing, grab-bing and pulling onme. I felt faint and was finding it hardto breath.

21. As I looked through this copcrowd all around me, I saw mybrother, blood running down hisneck and a cop lying on his back onthe pavement.

22. I was pulled to my feet and thenrammed into a telephone pole, wasbeaten where I fell, and thrown intoa paddy wagon.

23. I think I slept until I heard thedoor open and a white cop in a whiteshirt came in cursing and hit me inthe forehead.

24. I don't remember what he saidmuch except a lot of words like blackmother-fucker and what not.

25. I awoke to hear the driverspeaking over the radio about hisprisoner.

26. I was informed by the anonymouscrackle on the radio that I was enroute to the police administration

building a few blocksaway.

27. Then, it soundedlike someone cameon the radio bandtelling the driver to goto Jefferson Hospital.

28. Upon arrival I wasthrown from thewagon to the groundand beaten.

29. I was beaten again at the doorsof Jefferson.

30. Because of the blood in mylungs it was difficult to speak, andimpossible to holler.

31. I never confessed to anythingbecause I had nothing to confess to.

32. I never said I shot the policeman. I did not shoot the policeman.

33. I never said I hoped he died. Iwould never say something like that.

The above statement is true andcorrect and was executed by me on2001, at Waynesburg,Pennsylvania. -(Signature) M u m i a A b u - J a m a l

w a l l b y w a l l ! P a g e 7 W E S A Y H E L L N O ! P A G E 4 4National Black Caucus of State Legislators resolution

A d o p t e d 1 2 / 3 / 0 4

WHEREAS Mumia Abu-Jamal's 1982trial in Philadelphia was characterizedby illegal suppression of evidence,police coercion, illegal exclusion ofBlack jurors, and grotesquely unfair andunconstitutional rulings by the judge;and

WHEREAS the trial judge, Albert Sabo,has been quoted in a sworn statementto have vowed at the time of the trial tohelp the prosecution 'fry the nigger; and

WHEREAS subse-quent appellate rulingshave bent the law out ofshape to sustain theguilty verdict of thattrial; and

WHEREAS the appel-late courts have alsorefused to considerstrong evidence ofMumia Abu-Jamal'si n n o c e n c e , m o s tnotably a confession byArnold Beverly to thecr ime; and

WHEREAS MumiaAbu-Jamal still is incar-cerated on Death Rowand still faces a death sentence; and

WHEREAS Mumia Abu-Jamal's caseis now on appeal before the federalThird Circuit and the state court system;and

WHEREAS Mumia Abu-Jamal has fordecades as a journalist fought courage ously against racism and forthe human rights of all people; and

WHEREAS the continued unjust

incarceration of Mumia Abu-Jamal represents a threat to the civil rights ofall people,

THEREFORE BE IT RESOLVED thatthe National Caucus of Black StateLegislators demands that the courtsconsider the evidence of innocence ofMumia Abu-Jamal and that he bereleased from prison; and

THEREFORE BE IT FURTHERRESOLVED that theNCBSL demands thatPennsylvania Gov.Edward Rendellinstruct his AttorneyGeneral to take overthe case of Mumia Abu-Jamal from thePhiladelphia CountyDistrict Attorney's officeand actually pursue jus-tice; namely, go tocourt, make a legalconfession of error, andstipulate that the con-viction be vacated;

THEREFORE BE ITF U R T H E RRESOLVED that theNCBSL will communi-

cate its views on this matter to Gov.Rendell, 225 Main Capitol Bldg., Harrisburg, PA 17120, and to the appro-priate courts in consultation with the legal defenseteam of Mumia Abu-Jamal; and

THEREFORE BE IT FURTHERRESOLVED that the NCBSL will workwith the legal defense team of MumiaAbu-Jamal to petition the courts to fileany necessary friend of the court briefon behalf of Mumia Abu-Jamal.

we’re gonna free mumia abu-jamal! Page 8

T H E A F F I D A V I T O F B I L L Y C O O KBilly Cook is Mumia Abu-Jamal’s brother. He was at the scene before Mumiaarrived and is the only witness who was inarguably there throughout the wholeevent. Police and the media often state that “Mumia’s brother won’t even saythat he is innocent”. This is completely untrue. Billy attended Mumia’s trial, afterseeing the blatant injustice in Sabo’s courtroom he stood up and stated that thetrial was a railroad. He was given contempt of court and thrown in jail. I, William Cook, declare:1. If called to testify as a witness inthis matter I would competently testify to the following from my ownpersonal knowledge:2. On the night of December 9,1981 I was with my partner KennethFreeman, my friendfrom childhood.3. Mumia had stoppedby at my stand thatnight. He would dothat periodically.Mumia had beenrobbed about a weekbefore.4. I left my gun lockedup at my stand thatnight, but Poppialways carried his gun. It was a 38.5. I probably was wearing a blackknit cap, I had dreds and alwaystucked them in.6. We had closed up late at night.7. Kenny (Poppi) and I had hit a fewbars. We were just unwinding. Weused to do that all the time after weclosed up the vending stand for thenight.8. We were headed along Locust.9. Poppi had got some beer andgotten back in the car.

10. At Locust at about Juniper I sawflashing lights of a police car. He followed me for about a half a blockand I pulled over behind another carin the first empty spot on the southside of Locust.11. I had wooden bumpers on my

car and they were supposed to be metal. Ihad been stopped forthat but he never saidanything about that orgave any reason tohave stopped me. Inever hit him.12. I had never seenhim before. I knew thecops that worked in thedistrict where my stand

was. Locust and 13th is an adjacentdistrict but I didn't ever see him before.13. I got out my car. Poppi stayed inthe car in the passenger seat. I lethim (the cop) know I was not happy.14. After that we went back andforth verbal confrontation. He pullsout a stick or some kind of objectand slaps me in the head threetimes. By that time he had me onthe side of the car, I started bleedingprofusely. So I go back to my car toget my paperwork.

T H E Y S A Y D E A T H R O W P A G E 4 3In addition to the possible outcomes discussed above theThird Circuit could either order anew trial on all issues or send thecase back to the Federal DistrictCourt to re-hear the issues where ithad previously ruled without regardto Mumia's constitutional rights.

Close observers, including formerPennsylvania state prosecutorsbelieve that a new trial for Mumia,where for the first time in 24 yearshe would be allowed to present thefull range of evidence proving hisinnocence, could only result in hisacquittal and freedom.

While Mumia has won a critical victoryon this road, Pennsylvania officialsare far from conceding any error.They remain focused on securing athird order for Mumia's execution.Mumia's freedom will be a productof both his legal efforts and a masspolitical movement exerting its will

and making the pr ice of h is execution and continued incarcera-tion to high to pay.

Friend of the court or amicus curiaebriefs are in preparation for Mumiaby the NAACP's Legal DefenseFund on the Batson/jury selectionissue and by the National LawyersGuild on the issue of the constitutionally-flawed trial summation by stateprosecutor, Joseph McGill.

On December 13, 2005, the state ofCA murdered Stanley Tookie Williams

12/6/05 Ruling - Keep your head up and Keep fighting!The December 6th decision by

the 3rd Circuit Court of Appealsshows the power of this movement. For 24 years theyhave been trying to murderMumia but have been stoppedeach time. People must not fallinto their trap by thinking that thefight is over though. This decisionmust give us all encouragementand energy to keep fighting. Thisis ammunition to show peoplethat clearly the courts have mademistakes. We cannot be lulledinto believing that they intend togive Mumia justice. Just asYohn’s decision was used todivert people’s attention andmake people believe that Mumiawas not in danger anymore, this

decision could be used in thesame way.

Not long ago this governmentexecuted Frances Newtondespite evidence of innocence.Just one week after the 3rdCircuit ruling Tookie Williams wasexecuted in California despiteevidence of innocence and amassive movement to save hislife. The reality is that they canstill throw the appeal out and setan execution date. The case ison the fast track which meansthat things will happen veryquickly. Now more than ever isthe time to fight, the time toorganize. Mumia’s life, our freedom depends on it!

N O J U S T I C E , N O P E A C E ! P a g e 915. I never raised my hand to thepoliceman. I may have gone to blockhim when he was hitting me. That'sall. I am not that stupid. I never hit acop. He hit me with a flashlight and Iwas bleeding but then he let me goback in my car.16. After that I got in the car. I was inthe front seat looking in the back seat.17. There were people on the street,There always were in that area. Thebars were supposed to close by twoo'clock but the clubs stayed openlater. Some until 5 o'clock, Theyserved drinks anyway.18. I can't say I recall where otherpeople were and I can't describewhere anyone was, but there werepeople milling about. I never saw ataxi that they later claimed was there.I don't really know how many peoplewere on the street. But there werealways people out there it didn't matterwhat time. It could be five in the morningand there would be people.19. When I heard the first shot I wasin the drivers seat facing toward theback of the car looking for somethingin the back seat to give to the cop like anowners card. I am not the organizedtype and I didn't keep papers in theglove compartment. The back seathad a lot papers and things from thestand, teddy bears, stuffed animals.We sold all that kind of stuff. Like special stuff for the holidays like onValentine's day we'd have Valentinesand we sold novelty items and artificial flowers.20. When I had gotten in my carFaulkner was in front of the car by thehood where he had stopped me andfrisked me. When I was in the carlooking in the back, I heard gun shotsand saw sparks but I didn't see himshot. I saw flashes of a gun out of theside of my eye. He was standing infront of the car but I didn't see him

shot. I was facing the back of the car.21. Out of my peripheral vision Iknew, I could feel other peoplearound but I can't say where theywere. His car was behind mine andthe policeman was standing on thestreet between my car and whatevercar was parked in front of me.22. When I first saw my brother, hewas running. He was feet away fromme. We hadn't made any plans tomeet that night or anything like thatand I didn't even realize that he camearound that area there to pick upfares. He had nothing in his hands. Iheard a shot and I saw him stumble.I didn't see who shot him. He wasstumbling forward.23. It is strange people told me latereverything happened in a few seconds but I could never see it thatway. It seemed like everything washappening at once, but it took a longtime. I have tried over the years but Ican't see it as a few seconds. Itseems to me as if it was 45 secondsnot three. 24. When I was looking in the backseat Poppi was still there and then Ilooked and Poppi's door was open.He had been in the passenger seatand I don't know which way he hadgone. He left the area right afterthis happened.25. Later Poppi talked about a plan tokill Faulkner. He told me that he wasarmed on that night and participatedin the shooting. He was connectedand knew all kinds of people. I usedto ask him about it but he talked butnever said much. He wasn't a talker. Ididn't see Poppi for a while after that.26. Poppi had been in Germany inthe army, That night he was wearinghis green army jacket. You know justa regulation army jacket. The jackethe always wore, He had been discharged. I don't know for what.

M U M I A M U S T B E F R E E ! P A G E 4 2

of the court proceedings in his owntrial and the racist exclusion of analready selected Black juror from thejury panel.

The Third Circuit also allowed theState of Pennsylvania to challenge aFederal District Court decision thathad previously ordered the State tohold a new sentencing hearingbased on the constitutionally flawedjury instructions issued by JudgeSabo. Sabo improperly told thejurors, during the sentencing phaseof Mumia's 1982 trial, that if theywere to decide to find mitigating circumstances sufficient to impose alife sentence rather than execution,they would have to be unanimous.

The Federal District Court ruled thatunanimity had never been required.It ordered the State of Pennsylvaniato hold a new sentencing hearing, ineffect a new trial, within 180 daysand with the proper jury instructions.

If the state failed to do so Yohnasserted that he would impose a life sentence on Mumia in place of thejury's execution verdict.

The Dec. 6 Third Circuit granted theState of Pennsylvania a certificate ofappealability on this matter, an ominous ruling to say the least.

While legal analysts doubt thatPennsylvania prosecutors will besuccessful in pursuing this "victory"for reaction, if they are, and if Mumialoses on the remaining three issueswhere he was granted review, he willonce again be subject to an order forhis execution by lethal injection. ButRobert R. Bryan, backed by severalprecedents on this point, seriouslydoubts that Pennsylvania prosecutorscan succeed in their effort to upholdJudge Sabo's flawed jury instructions.

Assuming Bryan is correct and theState of Pennsylvania fails in thismatter, the result must be either adecision by state prosecutors to dropthe matter of Mumia's executionentirely and abide by Yohn's decisionto change the verdict from executionto life imprisonment, or, in the alternative,the state can impanel an entirely newjury and retry the entire case. In thiseventuality, however, the jury's verdict would be restricted to twooptions only, execution or life imprisonment. A verdict of innocencewould be excluded from consideration.

Even here, however, the defense'sability to bring in evidence of innocence during a potential secondtrial might well result, according toBryan, in new proceedings thatcouldlead to Mumia's freedom.

From the realm of speculation inregard to the State of Pennsylvania'sslim chance of prevailing in theireffort to uphold Judge Sabo's flawedinstructions to the jury, we now proceed to consideration of moreprobably outcomes. Bryan assertswith confidence that "The ThirdCircuit decision opens the door to anew trial and freedom for my client."

The case is now on the legal fasttrack. The next several months willsee defense and prosecution attorneysmeeting stringent deadlines for aseries of briefs and counter briefs.The first deadline, January 17, hasbeen imposed on the State ofPennsylvania to present its opening brief.

Barring the granting of extensions,thirty days later the opening brief forthe defense is to follow. These will befollowed by a series of rebuttals. The10-person court will then issue adecision or first set a date for ahearing and oral arguments.

‘TIL MUMIA ABU-JAMAL’S RELEASE! Page 1027. I got out. I wanted to run maybe Icould have gotten away. I even startedto run. I did. But I couldn't runbecause of my brother. Not after Isaw my brother down on the ground.28. I spoke to him. I told him, "I'mhere for you." I don't remember hisanswering, but I remember his groan.29. I saw a gun on the street. It wasin the gutter. I kicked it under my car.Before the cops came.30. If they asked me something, Idon't remember. I didn't answer themanything. I sure don't remember themreading me my rights. I knewShoemaker. He used to stop by mystand and sit there and smoke weed.His wife used to come to my standwith him.31. I think they took me away beforethey took Mumia or the cop. I rememberthem pushing me. But I can't rememberwhether I was in a paddy wagon or asquad car or whether I was sitting upor not. My mind was just not to talk.32. When they had me in the policestation they threatened to kill me andthrow me in the river.33. I have been afraid for my lifesince that night. I have been afraid totell anything about what happened.Wouldn't you be?34. They took me in a room. Therewere two officers black and white. Iwas saying things to give themsomething to chew on.

35. I finally came to my senses. I didn'tlike the whole idea of making a statement. They wanted me to sign astatement but I just wouldn't do it, Itold them I wanted to see my lawyer.I didn't like it. So I just wouldn't sign.36. I think I was in jail a day or twothen they let me out on bail.37. I had been living in center city, butI couldn't stay there after it happened,I got help and moved out of my

apartment in the middle of the night.And moved back in with my Mother.38. I remember Jackson coming tomy house several times. My Motherand sister were there. I don't rememberhim ever interviewing me. I justremember him trying to calm us.39. I don't remember meeting withhim anywhere else except at myMother's house. He never asked meto testify. Alva advised me not to testify.My lawyer implied to me that if I cameto court I would also be charged withmurder. I had to pay him $1,000.40. Alva was Freeman's lawyer too41. If they (Jackson) had said theywanted me to testify I would havedone it but they never did.42. At PCRA, I was expecting to testify. Leonard and Rachel were givingme cross signals, Rachel wanted meto testify but Leonard didn't. So I didn't testify. In 1999 I was asked totestify again and I said I would.43. I will testify now.44. Mumia was not holding a gun.Mumia never intervened in anythingbetween me and the cop.45. I had nothing to do with the shooting or killing of the police officer.My brother Mumia Abu-Jamal, hadnothing do with shooting or killing thepoliceman.I declare under penalty of perjury,under the laws of the State ofPennsylvania and the laws of theUnited States of America, that theabove is true and correct and wasexecuted by me on 4-29-01 atPhiladelphia, Pennsylvania.W I L L I A M C O O K

F I G H T W A R , N O T W A R S ! P A G E 4 1appealability,” the prerequisite forhaving one's appeal issues heard bythe next level of the federal judiciary- in this case, the U.S. Court ofAppeals of the Third Circuit.

With the AEDPA the presumption ofinnocence standard was replaced bya requirement that federal judgeswere henceforth required to grant a"presumption of correctness" to thefindings of state courts. This reversalof the burden of proof has now beenitself reversed, or at least in part.

The AEDPA was passed byCongress in the aftermath of theOklahoma City bombing, whenDemocrats sought to grant lawenforcement agencies greater leewayto circumvent constitutional or dueprocess protection in the name offighting terrorism. This goal dove-tailed with the Republican's effort tomake state court convictions in capitalcases "effective." The result was theAEDPA, two laws combined, bothreactionary.

The "effective death penalty" portionof the Act was incorporated toessentially eliminate the right toappeal to higher courts. This wasbecause prior to the AEDPA some40 percent of state court convictionsin capital cases were reversed onappeal to the federal courts, largely,according to studies on the subject,because of police misconduct,racism, intimidation of witnesses,falsification of evidence and ineffec-tive assistance of cousel.

In essence, the AEDPA junked thepresumptions of reasonable doubtand innocence and essentiallyrequired defendants to virtuallyprove their innocence rather thansimply presenting evidence of reasonable doubt in order to qualifyfor the right to appeal.

Judge Yohn gave Mumia a certificate of appealability withregard to just one of the 29 pointsargued in his habeas brief -- theBatson issue, or the application ofthe U.S. Supreme Court's decisionin the case of Batson v. Kentuckythat banned preemptive exclusionsof Blacks from juries without statinga specific non-race-based reason foreach exclusion.

Judge Yohn did not agree with andin fact rejected the defense's arguments with regard to Mumia'sBatson claim. But he did grantMumia the right to appeal his view.Citing the AEDPA, he denied thisright with regard to the remaining 27claims presented in Mumia's habeascorpus, or appeal brief.

Since Yohn decided Mumia's case,however, the U.S. Supreme Courthas at least in part overturned thenear-insurmountable "presumptionof correctness" standard establishedby the AEDPA. The court essentiallysubstituted something more akin tothe previous standard. This impor-tant modification of the AEDPA wasa product of the court's decision inthe case of Miller El v. Cockrell,decided in 2003.

While the Third Circuit's rationalefor its reversal of Yohn and theresulting granting of the two new certificates of appealability have yetto be published, it is likely that thecourt relied on Miller El. Mumia'sappeal to the Third Circuit, authoredby Robert R. Bryan, indeed citedMiller El several times.

The Third Circuit's decision was notentirely positive. It denied Mumiacertificates of appealability withregard to four other important pointsraised by the defense, including theright to self-representation, theexclusion of Mumia from a majority

END THE RACIST DEATH PENALTY! Page 11

“Based on its review of the trial transcript and other original documents,Amnesty International has determined that numerous aspects of this caseclearly failed to meet minimum standards safeguarding the fairness of legalproceedings. Amnesty International therefore believes that the interests ofjustice would best be served by the granting of a new trial to Mumia Abu-Jamal. The trial should fully comply with international standardsof justice and should not allow for reimposition of the death penalty. Theorganization is also recommending that the retrial take place in a neutralvenue, where the case has not polarized the public as it has in Philadelphia.Finally, the authorities should permit prominent jurists from outside the USAto observe the proceedings, to insure that the retrial complies in all respectswith universally-recognized human rights safeguards.” - "The Case of Mumia Abu Jamal - A Life in theBalance" a report by Amnesty InternationalTHE CONFESSION OF ARNOLD BEVERLYThe following is another man’s confession to the murder of police officer Daniel

Faulkner, which is backed by two lie detector tests administered by Dr. CharlesHontz, one of the leading polygraph experts in the country. Beverly’s testimonyalso corraborates with much evidence previously presented as well as some thatat the time was in closed court files. The affidavit of Mumia’s former AttorneyRachel Wolkenstein goes into amazing detail in backing up Beverly’s testimonyand documents how the police assasinations like Beverly speaks of were notuncommon. (to read go to http://www.icl-fi.org/english/csdn/oldsite/aff.htm)

Both the Federal and State courts have thrown out Beverly’s confession without even allowing him to come in to court and testify. No matter whether youbelieve what this man is saying or not when you are dealing with a capital murdercase all evidence must be reviewed. The courts decision to not allow this evideceshows how unfairly Mumia has been treated. These are the same courts thatallowed the prosecution to present a blatantly falsified “confession” of Mumia in1982 but will not allow a man to testify who has passed two lie detector tests.

I, ARNOLD R. BEVERLY, state that thefollowing facts are true and correct:I was present when police officer

Daniel Faulkner was shot and killed inthe early morning hours of December9, 1981 near the corner of Locust and13th Streets. I have personal knowledge that Mumia Abu-Jamaldid not shoot police officer Faulkner.

I was hired, along with another guy,and paid to shoot and kill Faulkner. Ihad heard that Faulkner was a problem for the mob and corruptpolicemen because he interfered withthe graft and payoffs made to allowillegal activity including prostitution,gambling, drugs without prosecutionin the center city area.

F R E E T H E C U B A N 5 ! P A G E 4 0

"They just don't want my death, they want my silence."- M u m i a A b u - J a m a l

The Dec. 6 ruling of the U.S. Courtof Appeals of the Third Circuitreversing two critical FederalDistrict Court decisions in the caseof innocent death row political pris-oner and award-winning journalistMumia Abu-Jamal opens the doorwider than ever for a new trial and Mumia's eventual freedom.

The court's ruling wasa major blow to thePennsylvania legalestablishment, whichhas sought to publiclyminimize the politicaldamage it has suffered.The decision also regis-ters a blow to reac-tionary provisions of the1996 Anti- terrorismand Effective PenaltyAct that was designedto eliminate constitutional protectionsin the name of e ff ic iency in implementing state court deathpenalty decisions.

The Third Circuit granted "certificatesof appealabilty" to Jamal to challenge defense alleged race andjudicial bias in the 1995 PostConviction Relief Action proceedingsthat were overseen by Mumia'soriginal 1982 trial court"hanging"judge, Albert Sabo. Sabowent to extreme lengths to keepevidence of innocence out of thecourt record.

The court also allowed Mumia tochallenge the 1982 trial summation remarks of the state's lead prosecutor,

Joseph McGill, who told the jury, "Ifyou find the Defendant guilty ofcourse, there would be appeal afterappeal and perhapsthere could bea reversal of the case, or whatever,so that may not be final."

Mumia's lead attorney, Robert R.Bryan of San Francisco, told thiswriter that McGill's summation had

the effect of qualitativelylowering the historicburden of proof regardingreasonable doubt andpresumption of innocence.Virtually the same remarksby Pennsylvania prosecutorsin other cases haveresulted in new trials.

The Third Circuit'sdecision is especiallyremarkable since,under

the provisions of the reactionary1996 Anti-terrorism and EffectiveDeath Penal ty Act ( A E D P A ) ,t h e c o u r t h a d n o obligationto even consider defense chal-lenges to the Federal DistrictCourt's denial of certificates ofappealab i l i ty.

When Federal District Court JudgeWilliam H. Yohn Jr. ruled againstMumia four years ago with regardto some 27 of the 29 points that the defense raised in its originalhabeas brief he cited in almostevery instance the strict provisionsof the AEDPA. This Clinton-signedlaw qualitatively raised the standardrequired to secure a "certificate of

MUMIA ABU-JAMAL WINS IMPORTANT COURT VICTORY1 2 / 0 5 L E G A L U P D A T E B y J e f f M a c k l e r

Thomas Miller-El, an innocentman on death row in Texas

E N D T H E W A R I N I R A Q ! P a g e 1 2Faulkner was shot in the back and thenin the face before Jamal came on thescene. Jamal had nothing to do withthe shooting.

Before the shooting, I was shown apicture of Faulkner and told thatFaulkner was supposed to checksomething at Johnny D's (at 13th andLocust) sometime in the early morninghours of December 9.

Two of us were hired for the shootingso that either of us could take theopportunity to make the hit,get the job done, andleave. The other guy gaveme a .38 caliber police-man's special and I wasalso carrying my own .22caliber revolver.

I waited at the speedlineentrance at the north eastof corner of Locust and13th at the parking lot, Iwas wearing a green (camouflage)army jacket. The other guy waited onthe south side of Locust Street east of13th Street towards Camac Street.

While I was waiting at the speedlineentrance for Faulkner to arrive at thelocation, I saw police officers in thearea. Two undercover policemen werestanding on the west side of 13th northof Locust. Also a uniformed police officerwas sitting in a car in the corner of theparking lot. They were there while theshooting of Faulkner took place. I wasnot worried about the police beingthere since I believed that since I washired by the mob to shoot and kill

Faulkner, any police Officers on thescene would be there to help me.

After a while I saw Faulkner get out ofa small police car parked behind a VWparked on Locust Street, east of 13thSt. Faulkner was alone. He got out ofthe police car and went up to the VW.

I heard a shot ring out coming fromeast on Locust Street, Faulkner fell onhis knee on the sidewalk next to theVW. I heard another shot and it musthave grazed my left shoulder. I felt

something hard on my leftshoulder. I grabbed at myshoulder and got blood onmy hand.

I ran across Locust Streetand stood over Faulkner,who had fallen backwardson the sidewalk, I shotFaulkner in the face atclose range. Jamal was

shot shortly after that by a uniformedpolice officer who arrived on the scene.

Cop cars came from all directions. Footpatrol also arrived. I saw a white shirtgetting out of a car in the middle of the13th & Locust intersection just as I wasgoing down to the speedline steps.

I left the area underground through thespeedline system and by pre-arrange-ment met a police officer who assistedme when I exited the speedline underground about three blocks away.A car was waiting for me and I left thecenter city area.A R N O L D B E V E R L Y

LONG LIVE THE ZAPATISTAS! P A G E 3 9

A r n o l d B e v e r l y

Daily News, based on informationobtained from Maureen Faulkner.

When Street served as a Philadelphiacity councilman he often stated thatMumia had not received a fair trial.During last summer's NAACP nationalconvention in Philadelphia, Street'sadministrative assistant, Connie Little,helped draft a strong resolution supporting Mumia's fight for a new trial.The resolution was approved by anear-unanimous vote of thedelegates. Street's reversalcame following the Feb. 10visit to Philadelphia of aFrench delegation repre-senting the cities of Parisand St. Denis.

The Paris city governmenthad previously grantedMumia honorary citizen-ship. Neighboring St. Denisannounced that the streetleading to France's largestsports stadium, namedafter Nelson Mandela andset to host the 2008 Olympics, was tobe renamed Mumia Abu-Jamal Street.The joint delegation had come toPhiladelphia to protest the cancellationof a hearing ordered by Judge Dembe,where the Terri Maurer Carter evidencewas to be considered.

Philadelphia officials welcomed theFrench delegation and presentedthem with a miniature replica of theLiberty Bell. Their effort evoked ragefrom the city's dailies, which attackedthe delegation as "communists" and

demanded that the mayor repudiate thegift. Street ran for cover, apparentlycapitulating to the media pressure,while the media played up Faulkner'sreport that Street had said Mumia wasjustly sentenced.

Street, a preeminent equivocator andpolitical opportunist, may well shiftagain with the prevailing winds. In themeantime, Mumia's defenders haveheld his feet to the fire, demanding that

he make good on his originalpledge to support a new trial.

While Mumia's appeals, invarious stages, slowly movethrough the state and federalcourts, the state ofPennsylvania continues toseek his execution.

Should the U.S. Court ofAppeals rule in favor of thestate appeal of an earlierdecision ordering Mumia tobe sentenced to life impris-onment as opposed to exe-cution, Mumia's life will again

be in immediate danger, as a thirdorder for his execution will likely bedrawn up by Gov. Ed Rendell.

While all legal avenues are beingexhausted to win Mumia's freedom, hissupporters have always believed thathis life rests in the movement's capacityto make the political price of his executionand continued incarceration too high topay. Mumia has remained alive onlydue to the international movementthat has stayed the hand of hiswould-be executioners.

The odds of receiving a death sentence in Philadelphiaare 38% higher in cases in which the defendant is black.-"The Death Penalty in Black and White," Death Penalty Information Center, 1998

In a Philadelphia study, the fact that a defendant wasblack was considered to be the third strongest aggravating factor when determining a death sentence

Former BPP political prisoner,Geronimo Ji-Jaga Pratt releasedon innocence in ‘97 after 27 yrs!

R E M E M B E R S H A K A S A N K O F A ! P a g e 1 3

THE AFFIDAVIT OF YVETTE WILLIAMSThe following affidavit by Yvette Williams even further discredits the lead prosecution witness against Mumia, a prostitute named Cynthia White. White is the only “witness”who claims to have seen Mumia run across the street with a gun. However not oneother witness even saw her at the scene. White gave a completely contradictoryaccount of the same events from December 9th at Mumia’s brothers trial which provesthat she lied under oath. Another former prostitute named Veronica Jones came forwardand testified that she had been threatened and coerced by police to lie against Mumiaand that she knew that they had done the same to Cynthia White. Without White’s falsified testimony against Mumia it is highly unlikely he would have been convicted.

1. If called as a witness in this case Iwould truthfully and accurately testifyto the following from my own personalknowledge.

2. I was in jail with Cynthia White inDecember of 1981 after Police OfficerDaniel Faulkner was shot and killed.Cynthia White told me the police weremaking her lie and say she saw Mr.Jamal shoot Officer Faulkner whenshe really did not see who did it. Shesaid she knew Mumia from seeinghim drive a cab.

3. I was in jail with Cynthia White andknew she was a prostitute in CenterCity Philadelphia around 13th Street.She used a lot of different namesbesides "Cynthia White" one of themwas "Lucky" which is what I called her.She liked to wear a lot of different wigs.The word on the street was that shewas a snitch for the police. Cynthiaand I met due to being in jail for notwanting to testify in homicides.

4. In December of 1981, Lucky(Cynthia White) was locked up in "PC"(protective custody) in the "hole" forwomen, "G" Rear. I was in jail becausethe cops thought that I knew something about a homicide - I didn't -but they wanted to get information outof me.

5. Our cells were directly across fromeach other. Sometimes the inmateswould use me as a "runner" passingcontraband between inmates in the

hole and inmates in population, and Iwould stop and talk with Lucky when Iwent to her cell. I had been involved inviolent crime and was interested inwhat prostitution was all about so Iwas asking Lucky about it, consideringit as an occupation. She was nervousand frightened and glad to have someoneto talk to. She was always crying andsad. She told me she was scared forher life. I asked her, "Scared of who?"she stated, "The guards and vice."

6. When Lucky told me she didn'teven see who shot Officer Faulkner, Iasked her why she was "lying on thatman" (Mumia Abu-Jamal). She toldme it was because the police and vicethreatened her life. Additionally, thepolice were giving her money for tricks.The way she talked, we were talking"G's" ($1,000.00). She also said shewas terrified of what the police woulddo to her if she didn't say that Mumiashot Officer Faulkner. According toLucky, the police told her they wouldconsolidate all her cases and send her"up" (Muncy), a women's prison, for along time if she didn't testify to whatthey told her to say. Lucky told me shehad a lot of open cases and out-of-state warrants and was scared ofgoing to Muncy. She was scared thather pimp "would get pissed off" at allthe money he was losing when shewas locked up, and off the street. Shewas afraid that when she got out hewould beat her up or kill her.

F i g h t t h e P o w e r ! P A G E 3 8appeal rights or habeas corpus byapplying a standard of proof of innocencethat was virtually impossible to meet.This Clinton-era legislation wasdesigned to limit federal appeals in capital cases.

The AEDPA was employed by JudgeWilliam H. Yohn Jr. in Mumia's FederalDistrict Court appeal to deny virtually allof the 29 constitutional and factualissues that Mumia raised in hisdefense.

The two Miller-El decisions bode wellfor Mumia's current appeal, currentlypending before the U.S. Court ofAppeals, Third Circuit. Mumia's 1982 Philadelphia trial, conducted by the"hanging judge" Albert Sabo, includedthe prosecution's use of preemptivechallenges to eliminate 11 of 14 potentialblack jurors.

As with Thomas Miller-El's trial inTexas, the state of Pennsylvania hademployed an overtly racist trainingmanual, in video form, instructing prosecutors on how to remove blackjurors. The U.S. Supreme Court over-turned Miller-El's death sentence andordered the state of Texas to eitherimmediately release him or to conducta new trial.

Mumia's lead counsel, Robert R.Bryan, told Socialist Action that theSupreme Court's June 13 decisionapplied directly to Mumia.

Also, the Miller-El v. Cockrell decisionmay lead to the reversal of JudgeYohn's refusal to grant "certificates ofappealability" to Mumia in regard toseveral of the 29 points in Mumia's originalfederal appeal, where the impossibleAEDPA standards, now defunct, wereapplied with impunity.

City judge rules against Mumia In a separate development,

Philadelphia Court of Common PleasJudge Pamela Dembe on June 16finalized her decision to exclude evidence of Mumia's innocence fromthe record. Dembe refused to consider

the affidavits submitted on behalf of Mumiaby Yvette William and Kenneth Pate.

Williams had affirmed that the prosecution'schief eyewitness against Mumia,Cynthia White, lied on the witnessstand. While both were incarcerated inthe same prison, White admitted toWilliams that Philadelphia police hadforced her to testify that she saw Mumiashoot and kill Police Officer DanielFaulkner, when in fact White had notbeen on the murder scene.

White, who had some 26 outstandingcharges of prostitution and check fraudagainst her, was threatened with indefiniteimprisonment unless she cooperatedwith the prosecution.

Kenneth Pate's step-sister, PriscillaDurham, a hospital security guard, testified at Mumia's trial that she hadheard Mumia confess to Faulkner'smurder while Mumia was in JeffersonHospital. Pate states that Durham toldhim that she lied under police pressure. Judge Dembe, appointed as Sabo'ssuccessor upon his death in 2001, hasconsistently rejected defense evidenceexposing Mumia's frame-up.

Mayor Street reverses himself again In a June 20 meeting with Pam

Africa, leader of the InternationalConcerned Family and Friends ofMumia Abu-Jamal, PhiladelphiaMayor John Street denied havingstated on Feb. 16 in a phone conver-sation with the slain policeman'swife, Maureen Faulkner, that "Mumiamurdered Daniel Faulkner and hewas in prison where he belonged." Several Mumia supporters accompanied

Africa at this meeting, includingMOVE leader Ramona Africa andOssining, N.Y., NAACP leader SadiqSundiata. Despite Street's denial,however, he rejected Africa's requestto publicly reaffirm his position supporting a new trial for Mumia.

Street's alleged Feb. 16 statement wasoriginally reported in the PhiladelphiaInqui rer and the Phi ladelph ia

NEVER FORGET MAY 13th, 1985! Page 147. Lucky was worried the police wouldkill her if she didn't say what they wanted.She was scared of what the MOVEpeople would do to her after she testified against Mumia, but MOVEnever threatened Lucky while incarcerated.She was scared when she told me all ofthis plus she was crying and shaking.Whenever she talked about testifyingagainst Mumia Abu-Jamal, and how thepolice were making her lie, she wasnervous and very excited and I couldtell how scared she was from the wayshe was talking and crying.

8. Lucky told me that what really happened that night was that she was"on the stroll" (looking for and servingcustomers) in the area of 13th andLocust when Officer Faulkner got shot,but she definitely did not see who did it.She also told me that she had a drughabit and was high on drugs when ithappened. She tried to run away afterthe shooting, but thecops grabbed her andwouldn't let her go. Theytook her in the car firstand told her that shesaw Mumia shootOfficer Faulkner.

9. While Lucky and Iwere locked up in the"hole", the detectiveswould come to the jail alot and get her out to talkto her. When she cameback she always hadthings they wouldn't letus have in there, likecigarettes and candy and even hoagies, syringes and white powders.They would let her out for two (2) hoursrecreation time during times thewomen's jail was on lock down forcount.

10. I feel like I've almost had a nervousbreakdown over keeping quiet aboutthis all these years. I didn't say anything because I was afraid. I wasafraid of the police. They're dangerous.They can hurt you and get away with it.I know, I've been trouble with the law

and they know me. I'm still afraid ofwhat they could do, but when Mr.Jamal's case was on TV and in "TheDaily News," in the middle of Decemberof last year, I couldn't get it out of mymind, I kept thinking that man could diebecause of all the lies that Lucky told onthat witness stand and Mrs. Faulknerwould never know the truth.

11. I read in the papers that Mr. Jamal'slawyer was in California, but I didn'thave long distance service. When I sawthat Mr. Jamal had a lawyer inPhiladelphia named J. Michael Farrell, Ilooked him up in the phone book yellowpages and called his office onDecember 18 or 19, 2001. I talked toone of Mr. Farrell's assistants and toldhim I had information about howCynthia White lied at Mumia's trial. Hetook my number and told me someonewould call me back.

12. Two or three days later, I got a callfrom Mr. Mike Newman, who told me

he was a private inves-tigator for Mumia Abu-Jamal's attorneys. Igave him the samebasic information that isin this declaration. Hecalled me back a coupleof times with morequestions, asking formore details.

13. Before calling attor-ney Farrell's office onDecember 18 or 19,2001, I never had anycontact of any kind withany of Mumia Abu-

Jamal's attorneys, past or present.Before talking to Mr. Newman, asexplained above, I never had any contact with any of the investigators, assistants or other agents of MumiaAbu-Jamal's attorneys. I do not knowMr. Mumia Abu-Jamal. I never met him,spoke to him, or had any contact with him.

14. I have carefully read this declarationbefore signing it to be sure that it istruthful and accurate.

YVETTE WILLIAMS

F R E E M U M I A ! P A G E 3 7Minister Farrakhan, Mos Def, JohnStreet, Chaka Fattah, Julian Bond andthe NAACP leadership, Danny Glover,Ed Asner---we need you here! You whoare sitting down reading this on yourcomputer, hearing this on the radio---weneed you! There is only one thing thatcan stop them from murdering Mumiaand that is you! The death warrant isabout to be signed; they are putting thepoison in the needle. Not only are theytrying to kill Mumia, they are murderingyour freedom. What will you do? TO QUOTE JOHN AFRICA, QUOTE: "A JUST PERSON WILL IGNORE HISPRIDE WHEN HE HEARS WHAT ISRIGHT, AN UNJUST PERSON WILLIGNORE WHAT IS RIGHT AND HOLDFAST TO HIS GODDAMN PRIDE." - END QUOTE LONG LIVE JOHN AFRICA!!!

"A rare and courageous vo ice speak ingfrom a place we fear to know"

" H e i s i n n o c e n t ! "- A l i c e W a l k e r ,

author of "the Color Purple" referring to Mumia

Mumia Wins & Loses in the Courts by Jeff Mackler / July 2005 issue of Socialist Action newspaper

The June 13 decision of the U.S.Supreme Court in the case of ThomasMiller-El v. Dretke, Director, TexasDepartment of Criminal Justice opensthe door wide for a new trial for journalist,and innocent political prisoner MumiaAbu-Jamal. Jamal has been onPennsylvania's death row for 23 yearsas a result of a 1982 Philadelphia racistframe-up trial.

The Supreme Court ruled that the preemptive striking by Texas prosecutorsof 10 of 11 black jurors violated Miller-

El's constitutional right of equal protection.Miller-El was convicted of murder in a1985 Dallas County, Texas, trial. At thetime Texas prosecutors used state -produced training manuals with explicitinstructions as to how to exclude blacksand Jews from capital juries.

In an earlier and related case, Miller-El v. Cockrell, the U.S. Supreme Courtoverturned a provision of the reactionary 1996 Anti-terrorism andEffective Death Penalty Act(AEDPA) that essentially eliminate

THEM U M I A M U S T B E F R E E ! P a g e 1 5"We must come together as a family in the spirit of my father, who said‘the arc of the universe is long, but it is bent towards justice’ and nevergive up until we save the life of our brother Mumia Abu-Jamal."

- M a r t i n L u t h e r K i n g I I ITHE AFFIDAVIT OF KENNETH PATEKenneth Pate’s affidavit further discredits the prosecutions bogus tale of Mumia confessing. Pate is the half-brother of a security guard who was pulled into the “confession” hoax. Officers did not come forward with this “confession” until nearlytwo months after it supposedly occurred after stating on that night that “the negromale made no comments.” It is hard to believe that such poorly fabricated “evidence”was allowed in court. It was one of the key pieces used to convict Mumia.

1. I am related to Priscilla Durham,now known as Priscilla Ahmed,through marriage: My father, PerryAbner, married Priscilla's mother,Dolores Durham, about 20-25 yearsago.

2. Sometime around the end of 1983or the beginning of 1984 I had a telephone conversation with PriscillaDurham in which the subject of Mumia Abu-Jamal came up.

3. I asked Priscilla how she was andshe asked mehow I was. Iwas kind ofteasing herabout her jobas a securityguard at thehospital, saying"why would awoman need tocarry a big oldgun like that?"

4. Priscilla began to complain aboutthe way she was treated on the job,about her back hurting, and them"treating her like that" after all she didfor them they laid her off.

5. Then Priscilla started talking aboutMumia Abu-Jamal. She said that whenthe police brought him in that night shewas working at the hospital. Mumia

was all bloody and the police wereinterfering with his treatment, saying"let him die."

6. Priscilla said that the police told herthat she was part of the "brotherhood"of police since she was a securityguard and that she had to stick withthem and say that she heard Mumiasay that he killed the police officer,when they brought Mumia in on astretcher.

7. I asked Priscilla: "Did you hear himsay that?"Priscilla said:"All I heardhim say was:'Get off me,get off me,they're tryingto kill me.'"

8. Priscillaalso said therewas a lot of

chaos and confusion going on whenthe police brought Mumia in and whenthey were talking to her.

9. I am presently imprisoned at SCIGreene where I have been for about 3years. At the time of my telephoneconversation with Priscilla Durham,described above, I was imprisoned atSCI Graterford.

H O U R B Y H O U R P a g e 3 6Actually, he had affidavits from ArnoldBeverly, Billy Cook, Mumia Abu-Jamal,Linn Washington, and FBI confidentialsource, Donald Hersing, before himwhich all pointed strongly towards innocence.) He said that he was overturning the sentencing so thatMumia would have life in prison with nopossibility of parole. If either sideappealed within 90 days then that matterwould have to be settled in the third circuit court of appeals.Mumia appealed becausehe is innocent, and life inprison is still a death sen-tence. The prosecutionappealed because they arebloodthirsty.

The media blew up thisdecision and misled millionsinto believing that Mumiawas off death row and evenout of prison. In reality,Mumia never, at any point,left his death row cell at SCI-Greene. This trick was used in order tomislead and confuse people; to try totake the urgency out of the fight to freeMumia Abu-Jamal, end the deathpenalty, and get all of our political prisoners out of these hell holes.

While people were confused byYohn's ruling, Judge Dembe continuedto hammer nails into Mumia's coffinand her most recent denial of evidenceof innocence is the last one that sheneeds to put in. All the while this government has continued to terrorizethose who support Mumia. Look at theexamples of Narberth, PA, politician,Angus Love, being intimidated intobacking away from his position. TheOssining chapter of the NAACP, whopushed for the national NAACPresolutionfor justice for Mumia, is now being singledout and harassed. At one pointPhiladelphia Mayor John Street

publicly stated that Mumia had notreceived justice and even suggestedthat the matter be taken to the NAACP.This past year, one of his representativesmet (due to his orders) with a French delegation for Mumia and gavethem awards. Street was attacked inthe media. Maureen Faulkner said thatMayor Street had apologized to herand said that Mumia is guilty. Streetrefused to stand up and correct this

statement. He was intimidat-ed and poli-tricked into shut-ting up. That is how seriousthis is. But we will never backdown. This is life or death here.

Dembe just threw outMumia's last opportunity tohave evidence of innocenceheard in court EVER (otherthan winning that opportunityin Federal Appeal)! Shehanded down her decisionon Friday the 27th of Maybut kept it a secret. It was not

put out in the papers, as it always hasbeen when a decision is made, and noone in the Movement found out about ituntil June 2nd. With this decision thepath towards death is set and theJudges can just keep rubber -stampingit all the way until that murderer EdRendell happily stamps his signatureon the death warrant. Even beforeRendell got into office he said that hewas looking forward to killing Mumia.

All of those who have stood forMumia in the past, you are needednow! The late, great Ossie Davisnever turned his back on Mumia andalways stated that our generation'smoral obligation is to ensure justice forMumia Abu-Jamal. Martin Luther KingIII stated that "all those with the powerto intervene do so now in the name ofjustice" ---we need you now! JesseJackson, Dick Gregory, Chuck D,

M U M I A I S I N N O C E N T ! P a g e 1 610. Back in 1982-1984 Priscilla and Ihad many telephone conversationswhen I was at SCI Graterford. I wouldcall her house to talk to her or herdaughter Sharon. Since then Priscillaand I have written each other manytimes.

11. Sometime in 1984, after I wastransferred to SCI Huntington, I read anewspaper article about the Mumia Abu-Jamal case. It saidPriscilla Durham had testified atMumia's trial that when she was working as a security guard at the hospital she heard Mumia say that hehad killed the police officer. When Iread this I realized it was a differentstory from what she had told me.

12. Mumia was also imprisoned at SCIHuntington at that time. I wrote a noteto him about Priscilla and gave it toanother inmate who was a "tier worker”to pass it on to him.

13. Sometime between December oflast year (2002) and February of thisyear (2003) I was out in the prison yardat the same time Mumia was. I rememberthat the weather was still cold. Wewere a couple of cages away fromeach other. I mentioned to him aboutthe telephone conversation I had withPriscilla back in 1983 or 1984 and thatshe said she did --not-- hear Mumiasay anything about killing the policeofficer. I told him that I thought she wasstill scared about telling the truth aboutwhat happened but maybe she would.

14. My nickname or street name is"Kenny Stax." That is how I am knownby Mumia and other inmates.

15. I am willing to take a lie detectortest to prove I am telling the truth aboutmy conversation with Priscilla Durham.

K E N N E T H P A T E

To quote JOHN AFRICA , quote:"WHEN YOU ARE GUILTY AND IN PRISON YOU NEGOTIATEFOR YOUR RELEASE, WHEN YOU ARE INNOCENT ANDIN PRISON YOU DEMAND IT AND IF THAT AIN'T ENOUGHYOU TAKE IT, THE GUILTY HAVE GOT TO JUSTIFY THEIRPOSITION BECAUSE THEIR POSITION IS UNJUST, BUTTHE INNOCENT IS JUSTIFIED BY THE INNOCENCE OFT H E I R S E L F B E I N G T H R O U G H T H E N E C E S S I T Y O F T H E I R S A L V A T I O N … "

-End quote LONG LIVE JOHN AFRICA!

M i n u t e b y M i n u t e P a g e 3 5Word spread across the globe and

hundreds were organizing to be inPhiladelphia for the hearing. Only daysbefore the 17th, Judge Dembe barredMumia from being present at his ownhearing, but this did not stop the support;it intensified it. On August 17th thestreets around the Criminal JusticeCenter were packed with those standingup for Mumia. The late great OssieDavis, Sonia Sanchez, Dick Gregory,Jesse Jackson, a prestigious delegationof French officials, stu-dents and activists andhundreds from aroundthe world were present.Judge Dembe refusedto make a ruling on thatday stating that she didnot want to make a rul-ing with so many Mumiasupporters there withouthaving more police(even though there hadbeen no problems) butthat she would resched-ule another hearing. Noother hearing wasscheduled. OnNovember 21st, 2001, Judge Dembedenied Mumia's appeal. It was at thispoint, and no sooner, that theInternational Concerned Family andFriends of Mumia Abu-Jamal began totarget and expose her for the unjustJudge that she is. Judge Dembe wasgiven plenty of opportunities to do justice but only proved how unjust sheis. It has always been our position toexpose that injustice. We of theInternational Concerned Family andFriends of Mumia Abu-Jamal will neverbetray Mumia by neglecting to exposethose who deny him justice.

Judge Dembe threw out the video-taped confession of Arnold Beverly, aman who swears that he, not Mumia,

killed Officer Faulkner. She threw thisout not because it was not credible butbecause she claims that it was not filedin a timely manner. She threw out theaffidavit of Mumia's former attorney,Rachel Wolkenstein, which backed upBeverly's confession and showed thatthe murder of Faulkner was part of amuch bigger conspiracy to cover up themurders of many other police officersdue to mob related activities. The affidavit of court stenographer Terri -

Maurer Carter whoheard Judge Sabo say"Yeah, and I'm gonnahelp 'em fry the nigger"was thrown out.Dembe stated thateven if Sabo did makesuch a racist remark inthe middle of the trialthat it does not provethat he acted as aracist or prejudicedtowards Mumia duringthe trial. This argumentis an insult to anyone'sintelligence. Even con-servative Senator

Specter stated in 1995 that Sabo'scourtroom conduct towards Mumiawas so bad that it would sabotageSabo's credibility.

That December 8th there was ademonstration for Mumia's freedomthat ended with the police attacking andarresting innocent activists. A picture ofa Philly cop holding a gun to the headof one young Mumia supporter wentout internationally and shocked theworld. Nine days later Judge Yohnissued his decision. Yohn stated thatthere was no evidence of innocencebefore him but that there was a problemwith Sabo's instruction to the jury aboutsentencing. (There was no evidenceb e c a u s e Yo h n t h r e w i t o u t .

Ramona Africa, Minister of Communicationof MOVE. Sole adult survivor of the May 13, 1985 police bombing of MOVE.

T H E W O R L D N E E D S M U M I A F R E E ! P a g e 1 7THE AFFIDAVIT OF TERRI MAURER-CARTERThe affidavit of Terri Maurer-Carter further exposes the racism of Judge Sabothat he made obvious through-out the trial. In 2001, in a blatantly unjust ruling,State Court Judge Dembe stated that even if Sabo said what Carter claimsthat he did that this does not mean that his trial decisions were racist.

From approximately February 1982through September 1986 and in1998 I was employed as an officialcourt stenographer in the Court ofCommon Pleas in and for theCounty of Philadelphia, First JudicialDistrict of Pennsylvania. In April1997 I first became a RegisteredProfessional Reporter. Thereafter Iobtained a Certificate of Merit. Inapproximately 1978 I became aFederally Certified Court Reporter. Ihave "grand jury clearance." I havereceived Awards ofExcellence from theStates of Virginia andMaryland.

In 1982, a few monthsafter I started working atthe Court of CommonPleas, I was sent to acourtroom different thanthat I usually worked inbecause the judge I wasassigned to was going tobe doing "VOP" (Violation

of Probation) and post-verdictmotion hearings there that day. Iwent through the anteroom on myway to that courtroom where JudgeSabo and another person wereengaged in conversation.

Judge Sabo was discussing thecase of Mumia Abu-Jamal. Duringthe course of that conversation, Iheard Judge Sabo say, "Yeah, andI'm going to help them fry the nigger."

There were three peoplepresent when Judge Sabomade that remark, includ-ing myself.

The foregoing is statedsubject to the penalties of18 Pa. C.S. Section 4904relating to unsworn falsifi-cation to authorities and isexecuted by me on August21, 2001 at Philadelphia,Pennsylvania.(signature)

"Mumia Abu-Jamal is a person who has values and who speaks out.So, the politics enters into this of how they have tried to censorhim in prison, silence his voice, and keep people away from him.And they are hell bent on killing him and I do not know if the courtsare going to save him. So we had this great out-pouring of peopleon April 24. Will it save Mumia in the end? I don't know. He has gotpolitics against him. `Cause to have an outspoken, articulate, intelligentperson of color who calls the system for what it is and exposes theracism in the system-he is really an easy target for death."- Sister Helen Prejean author of "Dead Man Walking"

S T I L L B L A C K , S T I L L S T R O N G P a g e 3 4

Shaka Sankofa aka GaryGraham - executed despiteinnocence in Texas in 2000

"Therefore, Be It Resolved that the San Francisco Board ofSupervisors affirm its support for justice and a new trial forMumia Abu-Jamal, and, Be It Further Resolved that this resolution be communicated to the Governor's office of theState of Pennsylvania for his information."- a resolution passed by the San Francisco Board of Supervisors in January, 2005

ICFFMAJ STATEMENT ON THE 2005D E C I S I O N B Y J U D G E D E M B E

This statement was written by the International Concerned Family and Friends ofMumia Abu-Jamal after Judge Dembe denied Mumia’s appeal on June 16th, 2005

People must understand the severityof what is currently happening in thecase of Mumia Abu-Jamal. This is oneof the last steps in the groundworkbeing laid to execute Mumia or keephim in prison for the rest of his life. Bothare death sentences and are totallyunacceptable. It is no coincidence thatwithin this short span of time, theMOVE 9 appeal was denied, then thebounty was raised on our sisterAssata's head, and now Mumia's lastappeal to have evidence of innocenceallowed in the Courts (other than winningthat opportunity in Federal Appeal) hasbeen denied. These are all full-onassaults on our freedom fighters and actsof war against the freedom of all. Peopleshould look at these examples and realizethis. The Patriot Act has expanded, aworldwide war is raging, and LynneStewart has been convicted. It shouldbe clear to all that it is time to fight! If achild is in a house that is on fire, a goodmother will stop at nothing to protecther child. Whether she has to tear downwalls or jump from that building she willdo what ever it takes to protect herchild's life. We must understand thatour brother Mumia is our innocent life to

protect; he is in the same danger asone trapped in a burning building---asthis prison system is suffocating thelives of millions. Our survival as a peopleis dependent on his survival and wemust stop at nothing to achieve hisrelease.

For over 23 years the judicial systemhas exhibited blatant racism and politicalprejudice towards Mumia. OnDecember 17th, 2001, when JudgeYohn stated that there was no evidenceof innocence before him, this was simplybecause he had thrown it out the sameway as Judge Pamela Dembe. Both ofthese judges had irrefutable evidenceof innocence, prosecutorial and judicialmisconduct before them, and threw itout. The rulings that were made on thisevidence were so ridiculous, racist, andinsulting that most will not believe whatthey said unless they read it themselves.People must understand the historyhere, the plot that is being acted out, inorder to understand the seriousness ofit. In July of 2001 a hearing was scheduled for August 17th beforeJudge Pamela Dembe in whichMumia was supposed to be present.

S T O P P O L I C E B R U T A L I T Y ! P a g e 1 8

W H Y M U M I A W A S T A R G E T E DBlack Panther Youth to Comitted MOVE SupporterTo contextualize Mumia's incarceration,

it's necessary to illuminate Mumia'sown political commitment andPhiladelphia's brutal history. In 1969,Mumia, only 15 years old, was theLieutenant of Information for thePhiladelphia Black Panther Party. Hissocially critical journalism was blossoming and read by hundreds ofthousands in the Black Panther newspaper. Mumia's journalistic skilland revolutionary spirit stood out andmany took notice, including the police.At that time Frank Rizzowas the PhiladelphiaPolice Commissioner.Rizzo was known for hisracism (one of his electoralcampaigns directed votersto "vote White" andencouraged whites to fightblacks for jobs) and wasproud to have one of themost racist police forces inAmerica. One of the manyexamples of Rizzo's attitude towardsthe BPP was in September of 1970when Rizzo ordered his police forceto raid the Philly BPP headquartersonly days before their planned"Revolutionary People's ConstitutionalConvention." At 5 am police threwtear gas into one of the Panther head-quarters, which was filled with sleepingmen, women and children. Whenoverwhelmed by the gas they fled thebuilding to be greeted by cops whoput guns to the back of their headsand forced them to walk down the

street backwards. They were all linedup against a brick wall and one of thepolice fired a submachine gun overtheir heads so that pieces of brickswould fall on them. At this point theywere stripped down to their under-wear so that the media could takeembarrassing photos of them andthen they were hauled away in paddywagons and beaten.

From early ages Mumia was monitorednot only by the Philadelphia policeforce but also by the Federal government.

In 1991 over 700 pagesof documents werereleased through theFreedom of Informationact showing that the FBIthrough the Counter-Intelligence program(COINTELPRO) watchedMumia, documentingevery speech he made,political events he attended,phone calls, etc. COIN-

TELPRO was a covert wing of the FBIunder J. Edgar Hoover with theexpress mission of disrupting and ending political liberation movements.Documentation proves their favoritemethods were assassinations, snitches,frame-ups and long prison sentences,establishing false communications formisinformation within movements,and other forms of treachery. Evenpast the dissolution of the BlackPanther Party the FBI continuedmonitoring Mumia (according toCOINTELPRO documents) as his revolutionary journalism flourished.

S U R V I V A L I S S T I L L A C R I M E P a g e 3 3were innocent or had their rights trampledwould remain on death row. Under the"Effective Death Penalty Act," for adefendant to get a federal court to evenlook at case evidence they must have"clear and convincing evidence" thatexcept for the errors in the state trial"no reasonable fact finder would havefound the applicant guilty." The defendanthas to literally prove their innocence inorder to even get a hearing in theFederal Courts, which is usuallyimpossible because the evidence ofinnocence is inadmissible due to theState court's ruling.

On issues of law the EDPA instructsthe Federal Courts to accept errors bythe state courts on constitutional rightsof the defendant, so long as the errorsare not "unreasonable." It is nearlyimpossible to get more than onereview by federal courts and requiresthat the lower level courts grant a certificate of appeal ability to appeal toa higher-level court.

Even more dangerous to death rowpetitioners is the Herrera decision thatpreceded the EDPA. In 1993 the USSupreme court mandated the Herreradecision stating that it is constitutionalfor a state to execute an innocent person,so long as his trial had no legal errors!Here are the courts own words: "Herrera's constitutional claim for reliefbased upon his newly discovered evidence of innocence must be evaluatedin light of the previous 10 years of

proceedings in this case. In criminalcases, the trial is the paramount eventfor determining the defendant's guilt orinnocence. Where, as here, a defendanthas been afforded a fair trial and convicted of the offense for which hewas charged, the constitutional presumption of innocence disappears.Federal Courts do not sit to correcterrors of fact, but to ensure that individuals are not imprisoned in violationof the Constitution…. Thus, claims ofactual innocence based on newly discovered evidence have never beenheld to state a ground for federalhabeas relief absent an independentconstitutional violation occurring in thecourse of the underlying state criminalproceedings."

The defendant in this case, LeonelHerrera, after presenting evidence ofinnocence, was executed by the stateof Texas on May 12, 1993. Courtshave cited the Herrera decision inMumia's case to deny the ArnoldBeverly confession from being heard aswell as other evidence of innocence.

This is the blatantly unjust court systemthat Mumia and all people in prison aredealing with. A system that rules that itis constitutional to execute the innocent. If we are going to get justicefor all of those in prison we cannotdepend on the courts. We must organize, educate, put pressure onthese courts and depend on ourselves.

"Perhaps the bleakest fact of all is that the death penalty is imposed notonly in a freakish and discriminatory manner, but also in some casesupon defendants who are actually innocent." - Supreme Court Justice William J. Brennan Jr., 1994

The system of capital punishment is flawed at both the state and federallevel. On the federal level, 3.5% of persons whom the Attorney Generalhas attempted to execute have been innocent. In one example of state-level problems, Illinois (prior to Governor Ryan's blanket commutation)had an error rate of at least 4.5%. (American Civil Liberties Union)

F O O D N O T B O M B S ! P a g e 1 9By the late 70's Mumia was a noted

journalist. He reported for Philadelphiaradio stations WHAT, WKDU, WRTI,WPEN and was the President of thePhiladelphia Association of BlackJournalists. Through his reporting hecame across the biggest news story inPhiladelphia at that time: MOVE. TheMOVE Organization is a revolutionaryorganization, founded by JOHN AFRICA,committed to the protection of all life.MOVE fights against all injustice withoutcategory; animal enslavement in zoo's,police brutality, the pollution of the air, landand water, the prison system, etc.MOVE consistently demonstratesagainst any institution that enslaves life.There were demonstrations in front ofpet stores for abusing animals, at theBoard of Education for mis-educatingpeople, the water reservoir for the pollution of the water, and many more.These strong stands against the systembrought MOVE into conflict with the protectors of the system, the police.MOVE people were beaten and arrestedregularly for theiruncompromising stand.

Then Mayor FrankRizzo, escalated hispolice forces' brutality.On March 28th, 1976some MOVE politicalprisoners were released.When they arrivedhome late that nightthey were greeted bytheir wives, children,brothers and sisters.The police were alsowaiting and began beat-ing MOVE people. The cops used theexcuse that MOVE had been disturbing the peace and during thebeating knocked 3 week old Life Africafrom his mother's arms. As she droppedto the ground to protect her son she waskicked and stepped on and her babywas crushed, murdered by thePhiladelphia police. Mumia was the primary reporter educating the public onthe police's terrorism of MOVE. As

Mumia saw the horrors committedagainst MOVE people and came toknow what committed and loving peoplethey are, he lost his skepticism andgained respect for the organization.Mumia was the only journalist inPhiladelphia who uncompromisinglyreported the truth about what was happening with MOVE and was subsequently targeted.

After a prolonged city-issued standoffand hunger blockade against MOVE,Philadelphia authorities escalated theircampaign to exterminate MOVE. Thecity used illegal warrants, fabricated byJudge G. Fred Dibona, as an excuse tostorm MOVE's home. On August 8th,1978 600 cops surrounded MOVE'sWest Philadelphia home. Teargas wasfired in and high-powered water cannonswere shot into the basement whereMOVE members had barricaded themselvesin defense. Soon water levels werehead high and the women had to holdthe children over their heads so theywould not drown. A gunshot rang out

(evidence proves thefirst shot came from upthe street). Policebegan to fire intoMOVE's headquarters.MOVE members Delbertand Chuck Africa wereshot, some firemen andpolice were shot andPolice Officer JamesRamp was killed.MOVE ma in ta insabsolute innocence,stating that they nevereven fired a shot thatday. Furthermore,

ballistics evidence proves that JamesRamp could not have been shot fromthe MOVE house but that he wasmost likely killed in the frenziedpolice shooting by "friendly fire." Asthey exited the house MOVE membersw e r e s e v e r e l y b e a t e n . T h e videotaped beating of Delbert Africaby the PPD was so severe that international audiences were shocked.

D E A T H B L O S S O M S P a g e 3 2C O N C L U S I O N :

In conclusion, the prosecution's caseagainst Mumia Abu-Jamal is not openand shut. Someone, likely KennethFreeman, fled the scene running eastof the south side of Locust Street.Prosecutor Joseph McGill exhibitedlethal ambition and malice as he callously hid evidence and adjusted thedetails of events to fit that his theoryand mandate a conviction, no matterwho's life is at stake: Cook's, Mumia's,or O'Connor's. The statements takenjust after the shooting are drasticallydifferent from those testimonies givenat trial. Also, these witnesses were

highly susceptible to blatant harassmentfrom Philadelphia's police department;the only city sued by the JusticeDepartment for brutality, tampering withevidence, poor handling of crimescenes, and corruption.

Mumia Abu-Jamal is innocentand the prosecution knows it, butno jury ever was made aware oft h e r e a l e v i d e n c e .

Officials claim that the trialtranscripts prove Mumia's guilt.Why don't they claim the samething about their own witnesses'original statements?

ANSWER: Because they know thetrial was a LIE… through and through.

Long as the rope is tight around Mumia's neck, let there be no rich white life we bound tor e s p e c t , C a u s e a n d e f f e c t , Can't you smell the smoke in the breeze, m y P a n t h e r , m y b r o t h e rw e a r e a t w a r u n t i l y o u ' r e f r e e-Z a c k d e l a R o c h aof R a g e A g a i n s t t h e M a c h i n e

THE REALITY OF THE FEDERAL COURTS

The Federal Courts are commonly misperceived as more just than Statecourts. However, if you look at theFederal precedents along with thenotorious 1996 "Effective DeathPenalty Act" it is clear that it is veryunlikely and nearly impossible for themto do anything but rubberstamp StateCourt decisions.

Congress passed the "EffectiveDeath Penalty Act" in 1996 to end theability of federal courts to overturndeath sentences handed down in Statecourts. As a result the Federal courtsare required to assume that findings

of fact by the State courts are true.Prior to 1996 the Federal courts were supposed to look into all findings by thestate courts. Now the Federal courtscan only question the "presumed correctness" of a state court if thedefendant can "rebut the presumptionof correctness by clear and convincingevidence." Between 1986 and 199635% of all death penalty casesappealed to the Federal Courts wereoverturned due to a denial of rights orinnocence proven, which, under theEffective Death Penalty Act would nolonger be feasible. Now those 35% who

F R E E A L L P O L I T I C A L P R I S O N E R S ! P a g e 2 0Despite factual innocence, nine

MOVE members were railroadedthrough the courts for murder and weresentenced to 30-100 years (theyremain in prison 27 years later). Oneperson deemed by the government a"supporter" and not a "member" wasgiven a lesser sentence and served 15and a half years. The other two adultsin the house said that they were not inMOVE and they were let off, clearlyshowing that the issue here is not murderbut the persecution of MOVE. The trialended on May 8th, 1980 and Mumiahad reported diligently on its entirety.He drove to the prison on an almostdaily basis to interview MOVE people.The Philadelphia police along with theState and Federal government weretrying to carry out a plan to get rid ofMOVE and Mumia's eloquent voicewas definitely in the way.

After the 1978 attack and trial of theMOVE 9 had failed to stop MOVE'sinfluence the Federal government triedto go right to thesource. They putMOVE's founderJOHN AFRICAand memberAlphonso Africaon trial for fabri-cated bomb-mak-ing charges,which could haveresulted in hun-dreds of years in prison. JOHN AFRICA defended himself withhis belief, never rebutting individual evidence but rejecting the entirety ofthe sham of a trial. He testified on hisuncompromising commitment to defending life and exposing the governments' lack of concern for it.JOHN AFRICA was unanimouslyfound innocent as a result of his amazingstrategy of defense. Mumia was soimpressed that when he was on trial herequested JOHN AFRICA as his legaladvisor less than a year later. JudgeSabo repeatedly denied this request

and instead gave Mumia contempt ofcourt and threw him out of his own trial.

Authorities were embarrassed andfrustrated about their failed attempt tostop MOVE's founder JOHN AFRICAand continued on their campaign byharassing, beating and arrestingMOVE supporters that remained on thestreets. On November 16th, 1981MOVE supporters and members werein Philadelphia City Hall in front ofJudge Kendall Shoyer's courtroom insupport of some of their MOVE familyon trial. A plain clothes cop pushedPam Africa and the police beatingbegan. Pam Africa (now head of theInternational Concerned Family andFriends of Mumia Abu-Jamal) wasseverely beaten and had her leg bro-ken. Teresa Africa (murdered by thegovernment on May 13th, 1985) wasbeaten, and supporter I-Abdul Jon wasbeaten so badly that no one wasallowed to see him for many days.There was hardly any mention of this

event in themedia and it wasbased upon thisevent thatMumia wroteone of his lastarticles while onthe street, "AnEvolution of aRevolution."

In lateNovember of 1981 the MOVE men whowere locked down at Holmesburgprison received word that the MOVEwomen in prison were being harassedand mistreated. In defense of their sisters and wives, the male MOVEmembers and supporters at Holmesburgbarricaded themselves into one celland told the prison administrators thatthey would not come out until theywere shown that their sisters were inperfect health and were being treatedproperly. Instead of listening to therequest the prison put them on lockdown in the cell. Three days later

A L L T H I N G S C E N S O R E D P a g e 3 17) Officer Gary Bell: Police OfficerGary Bell was Daniel Faulkner'sbest friend and partner. Bell contrived the very flawed and obviously fictitious "confession." Healso made statements seeminglyirrelevant to Abu-Jamal's trial, butthat shed some light onto what theywere investigating. Here is a statement Bell made December 16,1981:

Q: Officer, will you go on inyour own words and tell me anyinformation that you may haveregarding this incident?

Bell-A: About eight monthsor so ago, Danny Faulkner told methat he was walking a court beat inthe area of 11th and Market Streets(roughly 4 to 5 blocks from 13th andLocust) when a passerby came upto him and told him that a vender on11th street, south of Market Streetand on the west side of the streetwas selling dope. Danny then saidhe went into the bank, Germantownbank, at 11th and Market andwatched the vendor for a while.Then he said that he saw a saletake place, the vender kept the stuffunder the table in a cigar box. Thenhe came out of the back andapproached the vendor and placedhim under arrest and the guy boltedon him, he chased the guy and theguy went down Market and into thesubway. He said that he lost him inthe subway, but he had got a goodlook at the guy and he would knowhim if he saw him again. He thensaid that he returned to 11th andMarket Streets and confiscated thevendor's stand and had it taken intothe district in a wagon. He also confiscated some marijuana andtook it to narcotics. Later on eitherthat night or the next day a guycame into the district to claim thevending stand, but Danny said that itwas not the guy that he chased. We

had to release the stand to the guybecause he had proper identification, alicense or something. The guy tookthe stand out and as far as I knowDanny never saw the guy that hechased again, but he had been toldby someone in narcotics that if heever saw the guy that he chased topick him up and bring him in.

Q: Do you know the nameof the guy that picked the stand up?

Bell-A: Not off hand but Iam sure that he signed the propertyreceipt for it.

Q: Did Danny Faulkner evertell you what the man looked likethat he chased form 11th andMarket Streets?

Bell-A: No, but he said thatif he saw him again he would knowhim.

Q: Prior to the shooting ofOfficer Faulkner did you know eitherWilliam Cook or Mumia Abu-Jamalaka Wesley Cook?

Bell-A: No , I never rememberseeing them.

Initially, this anecdote doesn'tseem to relate to Mumia Abu-Jamaland Billy Cook. However, Billy Cookwas a street vendor and his partnerwas Kenneth Freeman. Gary Belldid not discuss a confession by Abu-Jamal. He brought up a situationthat related to the same occupationas Cook and Freeman. Freemanwas known for drug dealing.Potentially, this statement's relevance to Faulkner's murder wasthat Cook owned the vendor stand.Freeman sold drugs out of it andwas the man Faulkner chased. Thisanecdote is obscured in the prosecution's theory by a phonyconfession.

N O M O R E P R I S O N S ! P a g e 2 1the men heard a caller on the radio whostated that the MOVE women werenow being beaten and mistreated. TheMOVE men responded immediatelyand told prison officials that they wouldhave to kill all MOVE people when theyopened up the cell. When the officialssaw that MOVE was receiving supportfrom inmates at other prisons they shutdown the other three county prisonsand sent those guards to Holmesburg.They also surrounded the prison with amajority of Philadelphia's police force.On December 3rd, 1981 (only 6 daysbefore Mumia was shot and arrested)over 100 cops andguards lined up outsideof the cell of the MOVEmen. They began byfiring a high-pressurewater cannon at themen with enough forceto rip skin from bones.The men continued toresist and stay strongso groups of guardsbegan to enter withknives, pipes and base-ball bats. The relativelysmall number of about9 men continued to fightoff the guards attackingthem for some time.The men were seriously beaten butnever gave in. They were all hospitalized but the example of loyaltythat they set forced the administrationto back off of the MOVE women.

This was the atmosphere inPhiladelphia when Mumia was shot onDecember 9th, 1981 and then railroadedto death row. After railroading theMOVE 9 to 30-100 years in prison,support continued to build for MOVE sonext they tried to imprison MOVE'sfounder for life. That failed miserablyso they continued beating and harassingthe supporters left on the street.Mumia exposed that and support continued to build so they attacked theexample being set in the prisons only tobe forced into backing off of the prisoners.

All the while there was a lone voicebreaking through the media misinformation letting the people knowthe truth of the situation. That voice isMumia Abu-Jamal. It is no accidentthat Mumia is on death row but despitethat he has never stopped speaking,letting the world know the truth of whatis happening internationally. Speakingout to an audience that watches, captivated, as he fights for his very life.

Mumia was convicted and sentencedto death in July of 1982. MOVE'sfounder JOHN AFRICA instructedMOVE people to raise the funds, educate

people and organizesupport to force thisgovernment to releaseMumia. Pam Africa isat the forefront of thisactivity and as peoplelearned of Mumia's situation it only madepeople's struggleagainst the injustice ofthis system stronger.In an attempt to finallystop MOVE and endsupport for Mumia, thePhiladelphia policealong with the Stateand Federal govern-ment dropped a bomb

on MOVE's home on May 13th of1985. When MOVE members tried toflee the burning house they were shotby police snipers and were forcedback into the burning house. Sixadults and five children were murdered on that day. The only adultsurvivor was Ramona Africa alongwith 13-year-old Birdie Africa.Ramona served 7 years in prison forsurviving (they charged her with riot)and she continues to fight for theMOVE 9 and Mumia. The MOVEOrganization continues to thrivedespite the governmental terrorismthey face. MOVE continues to be thedriving force pushing for Mumia's releaseand Mumia's voice continues to let theworld know of MOVE's belief and fight.

THEY’RE TRYIN’ TO KILL AN INNOCENT MAN! Page 303) Albert Magilton: Albert Magiltontestified that he was crossing LocustStreet when he saw Mumia "walking"across Locust Street in the direction ofOfficer Faulkner. He did not seeMumia brandishing a weapon, nor didhe see Mumia reach the other side ofthe street. Magilton's back was to theincident and he did not see who firedshots (Id at 8.87,8.100). He turnedimmediately after hearing firing and hedidn't see Mumia. Much like Chobert,Magilton's vision was obstructed byFaulkner's squad car. Magilton did notidentify Mumia as the shooter.

4) Robert Harkins: Robert Harkinsclaimed that the shooter was heavierand taller than Officer Faulkner. Mumiawas lighter and slightly shorter. Thistestimony of the shooter being heavymatches Chobert's testimony that theshooter was 200-225 pounds. Also,Harkins failed to identify Mumia as theshooter in a photo array.

5) Cynthia White: Cynthia White wasa prostitute working the area of 13thand Locust Streets. Many of the prosecution's witnesses had weaknesseseasily exploited to coercion, but none tothe extent of Cynthia White. VeronicaJones faced 10-15 years in prison.Robert Chobert had alcohol relatedcharges, the possibility of losing hisability to drive his cab due to a suspended license, and he already wascharged for throwing a Molotov cocktailinto a school yard for pay. CynthiaWhite's life was in jeopardy. She wasmore vulnerable to the violence of thepolice than any other “witness”.

Dessie Hightower, who was the onlywitness to maintain his original statementfrom the night of the shooting at trial,

stated that Cynthia White was at least ahalf block away from where she claimsshe was when she testified during the1982 trial. It was also reported that sheran up after the shooting and askedpeople what happened.

Cynthia White made many statements, mainly when she wasarrested for prostitution charges, andeach one increasingly conformed to theprosecution's theory. As previouslymentioned, in March of 1982, she testifiedat Billy Cook's trial that there was a passenger in the Volkswagen. AtMumia's trial, she said that she saw agun in Mumia's hands as he ran acrossthe street and that there was no passenger. She was conflicted in herstatements about which hand the gunwas in.

A witness came forward namedPamela Jenkins, who was a friend ofCynthia White's in 1981. She testifiedin a 1997 PCRA hearing for Mumia thatCynthia was scared for her life aboutthe pressure being put on her inregards to this case.

6) Officer James Forbes: JamesForbes was one of the police officerswho arrived at the scene immediatelyafter Faulkner and Mumia were shot.Forbes worked the crime scene anddocumented where Faulkner was inrelation to Mumia. He was also the officerwho reported the intoxicated whitemale who was contaminating the crimescene.

Roughly a month after the shooting,Forbes arrested Kenneth Freemanunder suspicious circumstances.Freeman was passed from precinct toprecinct, and was subjected tointense interrogation.

Police beating of Delbert Africa, 8/8/78

F R E E A L L L I F E ! P a g e 2 2Summary of the Constitutional Claims in

Mumia's Petition for a Writ of Habeas Corpus

In his petition, Mumia Abu-Jamalasserts 29 claims of constitutional violations in his trial, sentencing, andpost-conviction proceedings. Theseare grouped into six categories. Theciting of Constitutional amendmentsrefers to rights based on these amendments as interpreted by the courts.I. Claims regarding the suppression,manipulation, and manufacturing ofevidence.Claim One: The State manipulatedtwo purported eyewitnesses to falselyidentify Jamal as the shooter, in violationof his Fifth, Eighth, and FourteenthAmendment rights. Two witnesseswho changed their testimony areCynthia White and Robert Chobert.Claim Two: The State suppressed evidence that the true shooter fled, inviolation of the Fifth, Eighth AndFourteenth Amendments. Witnesseswith evidence to someone fleeing thescene included: Robert Chobert,Veronica Jones, William Singletary (aneyewitness to the shooting), ArnoldHoward and the physical evidence ofthe fleeing man, Dessie Hightower (adefense eyewitness to the fleeing mancalled at trial), Deborah Kordansky(another eyewitness to the fleeing man),and William Cook (Jamal's brother).Claim Three: Jamal was found guiltyand sentenced to death through theuse of a fabricated confession, in violation of the Fifth, Eighth andFourteenth Amendments. Two monthsafter the shooting, police officers suddenly "remembered" hearingJamal confess that night.Claim Four: The State destroyed criticalphysical evidence, manipulated andmisrepresented the ballistics and medical

evidence, and suppressed crimescene test results, in violation of theFifth, Eighth, And FourteenthAmendments. This includes a discardedbullet fragment, failure to conduct routine ballistics tests, and the fact thatthe jury never saw the medical examinersreport stating "shot by .44 cal."Claim Five: The Commonwealth failedto disclose government political surveillance files demonstrating long-standing police bias against Jamal, inviolation of the Fifth, Eighth andFourteenth Amendments. Thisincludes 600 pages of FBI files documenting surveillance of Jamal bythe Philadelphia police.II. Claims regarding the inadequacyof counsel during the guilt phaseof the trial.Claim Six: Jamal was deprived of hisConstitutional rights under the Fifth,Sixth, Eighth and FourteenthAmendments due to defense counsel'sprejudicially deficient performance duringthe guilt phase. Problems with the performance of Anthony Jacksoninclude: A. Jackson's lack of experiencein capital litigation and recent entry intocriminal practice B. Jackson's deficientperformance during the pretrial phase1.During the Initial Stages of thePretrial Phase 2.Counsel's Failure to Obtain theServices of Experts and anInvestigator 3.Jackson's Deficient Pretrial Preparationand Jamal's Decision to Proceed Pro SeC. Jackson's failures at trial 4.Counsel's Failure to ObtainExper ts Resul ted in The Jury

W E K N O W T H E P L a n ! P a g e 2 9PROSECUTION'S WITNESSESINCONSISTENT TESTIMONIES:

There is a great amount of weight puton the testimonies of Cynthia White,Robert Chobert, Michael Scanlan,Officer James Forbes, Officer Gary Bell,Robert Harkins, and Albert Magilton todivert focus from the evidence of a fleeing man from thescene. When their statements arecarefully read, however, their accountsactua l ly benef i t the defense of Mumia Abu-Jamal.

1) Robert Chobert: Originally, RobertChobert stated that he heard the firstshot, but did not see who fired it. Hesaid that after the first shot he looked upand saw everything that happened fromthat point on. He also stated that henever saw Faulkner shoot Mumia. Theprosecution claims that Mumia shotFaulkner and then Faulkner fired back athim. If the testimony of Chobert is truethis is impossible.

Chobert was parked in his cab in thedriver's seat behind Faulkner's squadcar. The lights were flashing on top ofthe squad car and there was not streetlight at that corner at the time of theshooting. According to reports on thecrime scene by Officer James Forbes,and shown on a map on the Justice forPolice Officer Daniel Faulkner website,Mumia was found slumped on the curbin front of Faulkner's squad car on thepassenger side. If Mumia was shot andfell, Mumia would have been out ofChobert’s vision.

This would explain Chobert's confusionover who the shooter was. In his originalstatement to the police, Chobert statedthat the shooter was 200-225 pounds,wearing a light tan shirt and jeans, andran 30-35 steps (not exact measurements)and fell. Mumia was a lean 170 pounds,wearing a red and blue ski jacket, andhe was found three to four feet from thefallen Officer Faulkner (according toJames Forbes' original statement).

An important note to make is that there

is an alleyway roughly 30 steps from thescene (between 13th and CamacStreet) that could provide the perfectescape route for the shooter. This alleyis located east of the scene on the southside of Locust Street, the same directionthose five witnesses claim someonefled.

Robert Chobert testified that after theshooting ceased he exited his cab tosee if he could help the fallen officer(6/19/82 Tr 211, 234). Chobert had adriving record of Driving Under theInfluence (DUI) convictions. ArrivingOfficer James Forbes originally statedthat an intoxicated man was walkingaround the crime scene. The intoxicatedmale was in the same location at thesame time as Chobert stated he himselfwas. Intoxication would be anotherexample of how easily confusedChobert could have been when identifying Mumia as the shooter.Mumia was at the scene when Chobertwent to assist Faulkner. If the shooterhad not fled the scene, was still armed,and lying 3-4 feet from Faulkner, no onewith any concern for their own safetywould approach out of fear of being shotthemselves.

2) Michael Scanlan: MichaelScanlan stated that he could not tellwhich of the black males at the scenewere which, or who shot the officer (Idat 8.12,8.36,8.46,8.50-8.53). He saidthat the shooter had an Afro hairstyleand he misidentified Mumia as thedriver of the Volkswagen . Mumia hasdreadlocks. He also stated that hedid not see a gun in Mumia's handsas he ran to the scene and thatFaulkner didn't fall as a result of thefirst shot. A diagram that he drew onDecember 9, 1981 shows Faulknerfacing Mumia as Mumia approachedthe scene. If this is true, it makes itimpossible for Mumia to shootFaulkner in the back as the prosecut ion c la ims.

For those who want more information on the Constitutional Violations and on the vindictive and biased nature of Judge Albert Sabo’s rulings, write to The Movement forJustice and Peace, PO Box 335, Yonkers, NY 10705 (Please send $1 dollar for cost)

R e m e m b e r F R E D H A M P T O N ! ! P a g e 2 3

"The state would rather give me an Uzi than a microphone"- M u m i a A b u - J a m a l

Having a Distorted View of thePhysical Evidence in the Case (theprejudice caused by failing to obtain aPathologist and a Ballistics Expert) 5.Counsel's Failure to Retain anInvestigator Resulted in the JuryHaving a Distorted View of theEyewitness Accounts 6.Counsel's Failure to Prepare for TrialResulted in the Jury Not HearingHighly Favorable Evidence to theDefense, but Being Exposed toEvidence That Was Deeply Prejudicial Claim Seven: The prosecution's casewas never placed within the crucible ofmeaningful adversarial testing due tothe court-created conflict of interestbetween counsel and client, thus violating his Fifth, Sixth, Eighth, andFourteenth Amendment rights. Thecourt stripped Jamal of his right to represent himself, and at the sametime forced an ill-prepared counsel toconduct an inadequate defense. Theconflict between the defendant and theappointed counsel was court created.As a result the prosecution case wasnever really tested before the jury.Claim Eight: The trial court deniedJamal the ability to defend himself bydenying the funds needed to retainnecessary services of experts and aninvestigator, in violation of the Fifth,Sixth, Eighth, and FourteenthAmendments. This includes the issueof a ballistics expert, a medical expert,and a defense investigator.III. Claims regarding the manner inwhich the trial and direct appealwere conducted.Claim Nine: The court's denial of acontinuance precluded Jamal frompresenting critical defense evidence, inviolation of the Fifth, Eighth, andFourteenth Amendments. The courtrefused to give the defense a day tofind Officer Wakshul, who wrote in hisreport that Mumia had made no statements

at the hospital.Claim Ten: The court impermissiblyrestricted the elicitation of material evidence favorable to the defense, inviolation of the Fifth, Eighth, andFourteenth Amendments. This pertainsto restrictions on the examination ofVeronica Jones and Robert Chobert

Claim Eleven: The Court unconstitutionallystripped Jamal of his right to self-representation by ruling that Jamal hadto let the Court or back-up counselconduct the jury selection, in violationof the Fifth, Sixth, Eighth andFourteenth Amendments.Claim Twelve: The Court's forcedremoval of Jamal from significant portions of his capital trial violated hisFifth, Eighth, and FourteenthAmendment rights. There were notprovisions made for Jamal to followevents in the court as they happened,even though he was on trial for his life.Claim Thirteen: Jamal's absence fromtwo conferences in the judge's chambersviolated his Fifth, Sixth, Eighth, andFourteenth Amendment Rights. TheJune 18th in-camera conference wasregarding the removal of Juror Dawley,who was replaced by an alternate whohad previously indicated a bias in thecase. The June 28th in-camera conference was regarding the shootingof Jamal. Here the judge would notallow the questioning of police officersin open court on the question of howJamal was shot.Claim Fourteen: The Prosecutor'simproper guilt phase summation violatedthe Fifth, Eighth and FourteenthAmendments. The prosecutor misrepresented the "reasonable doubt"standard, implied guilt from Jamal’srefusal to testify under the conditions ofthis trial, and vouched for the veracityof a key witness while knowing themotivation that the witness had to lie.

W E K N O W T H E P L O T ! P a g e 2 8MUMIA ABU-JAMAL WAS NOT THEONLY MURDER SUSPECT:

The prosecution makes it appear thatMumia was the only suspect in the shooting of Officer Faulkner. In fact, thePhiladelphia police department initiated,bu t d id no t con t i nue an investigation alleging that another personwas at the scene and fled down a nearbyalleyway. On December 9, 1981, at leastthree black males were arrested andquestioned intensely about the shootingof Faulkner. Uncontested evidencerevealed in the 1995 PCRA hearingestablishes that a driver's license belongingto a man named Arnold Howard wasfound in the clothing of the deceased officer(8/9/95 Tr. 6:8/11/9 Tr. 167)[29]. Edward D'Amato, aretired police captain, con-firmed that police sup-pressed the fact that a dri-ver's license application,belonging to Arnold Howard,was found on the deceasedofficer's person in testimonyat the hearing. At the samehearing, Howard testifiedthat he was transported todifferent police stations andquestioned for 72 hours. He said hishands were tested to see if he hadrecently fired a gun; but importantly,police claim they never tested Mumia'shands for the same purpose. Howard waseventually released because he produceda receipt from a convenience store providing him with an alibi during the timeof the shooting. Howard also testifiedthat two other suspects were in custody.

One of these suspects was Billy Cook'sfriend and business partner, KennethFreeman. Arnold Howard stated that helent his license (or application) toKenneth Freeman, presumably to getinto a venue with an age requirement.Since the license, or application, hadbeen loaned out and ended up in theclothing of Officer Faulkner, Kenneth

Freeman was linked to the scene of thecrime, especially noting that Freemanwas a close associate of Billy Cook. InFebruary 1982, two months after theshooting, Detective Richard Ryan arrestedKenneth Freeman under unusual circumstances. Ryan was assisted byOfficer James Forbes, one of the first officerson the scene of Faulkner's death and akey prosecution witness in Mumia's trial.

William Singletary testified at the PCRAhearing in 1995 that the shooter emergedfrom the passenger side of the vehicle.In the trial of The Commonwealth vs.William Cook Cynthia White testified thatthe driver and the passenger got out ofthe Volkswagen. Arnold Howard testifies

that he loaned out his licenseto Kenneth Freeman, andthat is corroborated byD'Amato's testimony that thedriver's license applicationwas found on Faulkner.Clearly, there is a lot of exon-erating evidence that was notheard by the jury in regards toanother person being presentat the scene of the shooting.

Kenneth Freeman diedin 1985. On May 13th, 1985,

the city of Philadelphia and the Federalgovernment waged a full-scale attack onthe headquarters of the MOVEOrganization. Mumia is and was astaunch MOVE supporter and adheres tothe beliefs of the MOVE Organization.Eleven MOVE members,including children, were killed after police commissioner Gregore Sambor droppeda bomb on the house, igniting a fire thatwas allowed to burn. Anyone trying toescape the inferno was subject to a barrageof police gunfire. Only one adult and onechild survived. The government's murderof MOVE people dominated internationalnews that day. That was the same daythat Kenneth Freeman died, undersuspicious circumstances.

N E V E R F O R G E T M E R L E A F R I C A ! P a g e 2 4Claim Fifteen: Jamal's Constitutionalrights were violated with the deficient performance of appellate counsel.Jamal's court appointed counsel for hisdirect appeal failed to raise key issues,and did not even have a complete copyof the trial record.IV. Claims regarding the selection of thejury and improper jury procedures.Claim Sixteen: The State's racially discriminatory exercise of peremptorychallenges violated the Fifth, Sixth, andFourteenth Amendments. Jamal hasestablished a prima facie violation ofBatson and Swain (the Supreme Courtcases barring the use of peremptorychallenges to remove jurors on the basisof race). Also the evidence on the sys-tematic exclusion of Black jurors inPhiladelphia.Claim Seventeen: The trial court unconstitutionally responded to a juror'srequest without notifying the defense,and then engi-neered this juror'sremoval, in viola-tion of the Fifth,Sixth, Eighth, andF o u r t e e n t hAmendments. Thecourt refused toallow a black jurorto seek treatmentfor a sick pet aftercourt hours, butthen postponed acourt session toallow a white juror to take a civil service exam.Claim Eighteen: The court refused toexcuse for cause a palpably unfit andbiased juror, in violation of the Fifth,Eighth and Fourteenth Amendments.Alternate juror Edward Courchain wasseated in place of Jeanie Dawley whowas removed, even though Couchainhad stated during the jury selectionprocess that he would not be able tojudge the facts in an objective mannerbecause of his exposure to news mediaaccounts.Claim Nineteen: Some jurors engagedin secret, premature deliberations during

the course of the trial, in violation of theFifth, Eighth, and FourteenthAmendments. This pertains to threewhite jurors who met together in a hotelroom.Claim Twenty: Jamal's jury was drawnfrom a pool that was composed in violationof the Fifth, Eighth and FourteenthAmendments. Juries in Philadelphia aredrawn from different geographical areason a rotating basis, which strongly effectstheir racial composition.V. Claims regarding the penalty phaseof the trial.Claim Twenty-One: Jamal was deprivedof his Constitutional rights under the Fifth,Sixth, Eighth and FourteenthAmendments due to trial counsel's prejudicially deficient performance duringthe penalty phase. The defense counselmade no preparation for the penaltyphase and failed to call a single witnessin mitigation (witnesses for why Jamal

should not receivethe death penalty.Instead, Jacksonliterally called peo-ple from the audi-ence as characterwitnesses withouteven talking tothem first.Claim Twenty-Two: Jamal'sCons t i tu t iona lrights were violat-ed by the prosecu-

tion's use of his affiliation with the BlackPanther Party (years earlier) to argue forthe death penalty. This type of argumentfor the death penalty (the citing of politicalspeech and affiliation) was subsequentlyoutlawed by the U.S. Supreme Court.Claim Twenty-Three: Jamal'sConstitutional rights were violated by theprosecutor's improper penalty phaseclosing. The prosecutor tried to convincethe jury that the ultimate responsibilityfor Jamal's fate would lie withappellate courts, and not withthem (thus making it seem easierto vote for the death penalty).

D E F E N D L Y N N E S T E W A R T ! P a g e 2 7FIVE WITNESSES STATE SOME-ONE FLED THE SCENE:

The prosecution ignored or excludedmore evidence at the 1982 trial. Intheir original statements, takenshortly after the shooting, five witnesses from varying locations allstated that a man (in one case twomen) fled the scene heading eastdown the south side of Locust Street.Only one person, Dessie Hightower,testified to this at the trial, maintain-ing his original statement. RobertChobert originally stated that theshooter ran 30-35 steps (strides, notmeasured feet) and fell. This wouldhave been impossible since Mumiawas found merely three to four feetfrom the fallen officer, as stated byofficer James Forbes in his originalreport on the crime scene.

Veronica Jones stated that shesaw a white man falling and two menjogging away in the same direction. Shewas not close enough to accuratelyidentify anyone, but her testimonydoes corroborate the accounts ofsomeone fleeing the scene in thesame direction as the other witnessesclaimed. After the shooting, Joneswas arrested and imprisoned. Sheclaims that detectives visited her injail claiming to be her defense attorneys.They offered her a deal to drop hercharges, which potentially couldhave resulted in 10-15 years imprisonment, in exchange for testifying against Mumia. When shethought she was going to court forher own trial, she was insteadbrought to Mumia's trial. The detectiveswho visited her were standing in theback of the courtroom, along withmany other police officers. Jonesdid not say that Mumia was theshooter as Cynthia White did, but

she denied that she saw anyonefleeing the scene. Jones did make astatement in the 1982 trial thatimplies the deal she was offered:"They were trying to get me to saysomething the other girl said." Theprosecution objected and the judgesustained it and quashed thistestimony. Veronica Jones did later

testify in a 1996 Post ConvictionRelief Act (PCRA) hearing aboutwhat she really saw, which was consistent with her original statementfrom right after the shooting.The other two witnesses reported to

having seen someone flee the scenewere William Singletary and DebbieKordansky. Singletary did not testifyat the trial because he claims he suffered continued harassment bylaw enforcement in regards to thiscase, which caused him to relocatehis family to North Carolina [Id a216-24]. Kordansky was not at thetrial because the prosecution withheld her address and phonenumber. The defense was not ableto reach her in time for trial and shewas not subpoenaed.

If the jury had been aware ofthese five very similar statements,along with Cynthia White's testimonyat Billy Cook's trial, this would haveexposed the inaccuracy of the prosecution's three-man theory andcast real doubt over the guilt ofMumia Abu-Jamal. Yet, as a resultof police intimidation, a maliciousprosecution, and incompetentdefense council, only one of thesefive accounts was ever heard in the1982 trial. It is easily possible todiscount one testimony, especiallyat this trial, but five would havebeen impossible to ignore.

S T A N D U P F O R M U M I A ! P a g e 2 5Claim Twenty-Four: The Stateunconstitutionally withheld relevantevidence in mitigation in violationof the Fifth, Eighth and FourteenthAmendments. This refers to thewithholding of the police surveillance files that showed nocriminal conduct by Jamal duringyears of surveillance.Claim Twenty-Five: The jury wasunconstitutionally led to believethat any findings of mitigating circumstances required unanimousjury action. The jury was given aform on which to list "mitigating"and "aggravating" circumstancesfor determining whether the deathsentence should be applied. Theform did not make clear thataggravating circumstancesrequired unanimous agreement,while mitigating circumstancesrequired only a majority.Claim Twenty-Six: Jamal'sConstitutional rights were violatedby the jury's confusion on whetherlife imprisonment meant withoutthe possibility of parole. Thedefense counsel was cut off by thecourt in his remarks so as to givethe impression to the jury thatsome people who are sentencedto life in prison are out in just a fewyears.

Claim Twenty-Seven: Jamal'sdeath sentence is itself unconstitutional under evolvingstandards of decency. Here international law is cited in additionto the call by the American BarAssociation for a moratorium onexecutions.Claim Twenty-Eight: Jamal wassentenced to death due to theconstitutionally impermissible factorof racial discrimination in violationof the Fifth, Eighth, AndFourteenth Amendments. Thisdeals with Pennsylvania's recordof sentencing black people todeath in far greater numbers thantheir percentage of the population.VI. Claim regarding the conduct ofthe post-conviction proceedings.Claim Twenty-Nine: Jamal wasdenied due process by an unfairState post-conviction hearing proceeding. The judge (Sabo)who conducted the hearings fora new trial, was the same judgewho conducted the original trial.Sabo's display of bias and hostilitywere dramatic. His deep-rootedbiases infected his fact findingsand required his recusal (stepping down from the case).The same is true for JusticeRonald D. Castille of thePennsylvania Supreme Court.

"If Mumia Abu-Jamalhas nothing importantto say, why are somany powerful peopletrying to shut him up?"- John Edgar Wideman

L I V E F R O M D E A T H R O W ! P a g e 2 6THE UNJUST PROSECUTION OF MUMIA ABU-JAMAL

In Mumia Abu-Jamal's 1982 murdertrial of Philadelphia Police OfficerDaniel Faulkner, the prosecution, ledby prosecutor Joseph McGill, attemptedto present an "open and shut" case.Their theory was that only 3 peoplewere at the scene: Daniel Faulkner,Billy Cook, and Mumia Abu-Jamal.However, there is evidence that wasnot presented at the trial that there others were there as well.

A N O T H E R P E R S O NW A S O N T H E S C E N E

In Billy Cook's trial for assaultingpolice officer Daniel Faulkner, McGillquestioned a witness who would laterbe the star witness inMumia's trial, CynthiaWhite. White was then aprostitute working thearea of 13th and LocustSts. The trial transcriptfrom the Commonwealthvs. William Cook on March29, 1982 reads as follows:

(McGill) Q: W h e n t h e officer went up to the car,which side of the car didthe officer go up to?(White) A: The driver's side.(McGill) Q: The driver'sside?(White) A: Yes.(McGill) Q: What did the passengerdo?(White) A: He had got out.(McGill) Q: He got out of the car?(White) A: Yes

The prosecution clearly states thatthere was another person in theVolkswagen during the incident, asdocumented by the trial transcript.Another story was told, however, whenthe same prosecutor questioned the

same witness in The Commonwealthvs. Mumia Abu-Jamal. Cynthia Whitecollaborated the prosecution's contention that only Billy Cook was inthe Volkswagen. This testimony iscompletely contrary to her testimony inthe previous trial. It is important to notehere that the person who reportedlywas at the scene fled before officersarrived.

PROSECUTOR MCGILL'S HISTORYOF FALSIFYING EVIDENCE

It is apparent that prosecutor McGillwas aware of the evidence of anotherperson being present, ignored or hid it,and used the "3 people at the scene"

theory. This was notMcGill's first time buryingevidence. McGill prosecutedthe O'Connor case beforeAbu-Jamal's, where awoman was stabbed todeath with an ice pick.McGill claimed atO'Connor's trial that shehad been shot to death andMcGill proceeded to backthis lie by presenting a gundefinitively as the murderweapon in open court to thejury. During the appealsprocess for O'Connor, itcame out that McGill knew

all along that the injury to the woman'sbody was not consistent to a gunshotwound, but prioritized his careeradvancement at the potential convictionover honesty at trial. Only after Mumiawas convicted did his defense learnabout McGill's trial history. McGill was nolonger allowed to prosecute for thestate but was still allowed to have a private practice in Pennsylvania. Thestate gave no repercussions for this malicious act.