TAKE ACTION: Big Media Must Not Ignore New Mumia Abu-Jamal Crime Scene Photos!
The mainstream media has completely ignored the new photos since they were unveiled (Press-release from May 18). Please contact the media about the new Educators for Mumia press-release.
"The newly discovered photographs reveal the fact that the police were actively manipulating evidence at the homicide scene." - Lead Attorney Robert R. Bryan
Photo 1: Mishandling the Guns - Officer James Forbes holds both Abu-Jamal's and Faulkner's guns in his bare hands and touches the metal parts. This contradicts his later court testimony that he had preserved the ballistics evidence.
Photos 2 & 3: The Moving Hat - Faulkner's hat is moved from the top of Billy Cook's VW, and placed on the sidewalk for the official police photo.
Photo 4: The Missing Taxi - Robert Chobert testified that he was parked directly behind Faulkner's car, but the space is empty in the photo.
The new photos should be receiving attention.
Police officer Daniel Faulkner was shot dead on December 9, 1981. Activist, journalist, cab driver Mumia Abu-Jamal was presented by the state of Pennsylvania as the culprit. In a court room of the absurd, where the rules were more or less what the presiding judge decided they were minute to minute, Abu-Jamal was convicted on July 3, 1982 and sentenced to death on May 25, 1983.
The problems with the case against Abu-Jamal are many including the conflicting statements prosecution witnesses made under oath in court and the statements they gave the police.
On June 19, 2006, Law and Disorder, co-host Heidi Boghosian spoke of some of the more recent issues that call for the conviction to be reversed. Among those ground was that, during the sentence hearing, the jury was instructed that their decision would be "reviewable, there will be appeal after appeal." This 'assurance' served to undercut the sense of responsibility the jury should have been deliberating with since the statement implied that sentencing someone to death was not really a responsibility those on the jury needed to give great thought to: It could be fixed at a later date by another body. Boghosian also raised the issue of the jury make up.
On May 28, 2007, Law and Disorder, Boghosian explored the jury issue further with the lead attorney for Abu-Jamal's defense, Robert R. Bryan, who noted the historical, systematic removal of African-Americans from cases in that region. They also returned to the issue of the statements by the prosecution that the decision would be "reviewable" and the thrust of the statement that, since the decision was "reviewable," the appropriate thing to do would be to err on the side of guilt -- explaining that the argument was making a mistake in their decision was no matter of importance. Also addressed was the presiding judge, Alberto Sabo, and his bragging -- while the original case was being heard -- "I'm going to help them fry the ni**er."
Examing the historical manner in which 'justice' has been provided to African Americans, Ron Jacobs notes in "COINTELPRO and the Panthers" (CounterPunch):
Two ongoing cases that appear to be frame-ups from this vantage point are those of Mumia abu Jamal and the San Francisco 8. The former is a case involving the murder of a Philadelphia police officer in 1981 and the latter involves the murder of a San Francisco policeman in 1971. In both situations, the prosecution's case is based on evidence that is flimsy at best and just plain false at its worst. Neither prosecution has proven its case beyond a reasonable doubt despite several chances. In addition, the politics of the defendants has been used by the prosecution in an attempt to prejudice the jury.
Mumia's case has always carried the stench of a frame-up. The conflicting testimony of witnesses, the failure of witnesses to appear and many other instances of questionable conduct by the prosecution and law enforcement have conspired to create this perception. A recent book by Michael Schiffmannn titled Race Against Death (currently available only in German) adds even more documentary fuel to this perception. The text, which does a good job placing Mumia's case into a historical context of racism in the United States, provides a history of the case itself and the movement that has grown in support of Mumia following the 1995 signing of his death warrant by then Pennsylvania governor Tom Ridge. The new material at the end of the book includes several never-before-published photographs of the 1981 crime scene that were also never produced in court. These photos raise more questions as to Mumia's role in the events of that night the policeman was killed. The litany of miscues and missing evidence already familiar to those who have followed Mumia's case around the world is repeated here, with a renewed emphasis. In addition to this evidence is the newly discovered fact that a fifth bullet fired by police at the scene for comparative purposes was "lost."
The photos in Schiffmann's text cast more doubt on the state's case by apparently disproving the prosecution's statements that Mumia stood over Officer Faulkner and fired at him several times. The photos show no marks from the bullets that were supposedly fired in this fashion. In fact, the sidewalk was not damaged in any way. Schiffmann goes on to write: "it is thus no question anymore whether the scenario presented by the prosecution at Abu-Jamal's trial is true. It is clearly not, because it is physically and ballistically impossible." (p. 205) The remainder of the photos show a scenario that constantly contradicts the testimony of officers and witnesses (apparently coerced) and the nature of the scene they described in Mumia's original trial.
It is the continued refusal of the court to allow a new trial for Mumia that would allow the new evidence to be introduced that has been pointed to by Mumia's supporters as part of the proof that not only was Mumia framed because of his politics and outspokenness as a member of the media, but that the frame-up continues. Added to this refusal by the court is the somewhat understandable desire of the slain officer's family to have a perpetrator locked up, even that someone isn't really the killer.
Many, if not all readers, will be very familiar with Mumia Abu-Jamal's case. Those who are new to it should also be aware that he can be heard providing weekly commentaries from death row on Free Speech Radio. (As Amy Goodman and David Goodman's Exception to the Rulers notes, NPR hired him for a series of broadcasts but then chickened out when police organizations protested.)
Another thing that should receive attention is the December 6, 2006 House Roll Call vote on 527:
Condemning the decision of St. Denis, France, to name a street in honor of Mumia Abu-Jamal, the convicted murder of Philadelphia Police Office Danny Faulkner
This was after the Democratic victory in the November elections but while Republicans were still in control of the House. Nancy Pelosi, who would become the Speaker of the House in January, maintains that Congress was far too busy to explore impeachment. Someone truly worried about how Congress spends its time would have voted "No" or "Present" on the above measure. Instead, Nancy Pelosi voted "yea." So let's get this straight, pursuing impeachment over Constitutional abuses is off the table and wasteful but Pelosi couldn't wait to way in on what a street in France gets named?
Free-Spirit Fancy Nancy obviously has plenty of time to weigh in on the 'pressing' issues.
Her vote was especially galling and appalling when you consider that "Justice for Mumia Abu-Jamal Day in San Francisco" was declared in August of 1997 and that the San Francisco Board of Supervisors passed a resolution in January of 2005 calling for a new trial for Mumia Abu-Jamal (PDF format warning, click here). Sure is a good thing Fancy Nancy doesn't represent San Francisco.
Oh, wait. She does. Or she's supposed to. Of course, she wasn't in Dolores Park yesterday speaking to the many who gathered to protest the illegal war. However, her opponent in the race for Congress was, Cindy Sheehan.
Photo illustration used in this article from The Mobilization To Free Mumia Abu-Jamal.