[Ppnews] Framed by the FBI: A dozen reasons the 'Omaha Two' deserve a new trial
Political Prisoner News
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Mon Mar 2 14:09:04 EST 2009
Original Content at
March 2, 2009
Framed by the FBI: A dozen reasons the 'Omaha Two' deserve a new trial
By Michael Richardson
On August 17, 1970, an Omaha, Nebraska policeman, Larry Minard, was
murdered in an ambush bombing at a vacant house. Two men, Edward
Poindexter and Mondo we Langa (formerly David Rice), are serving life
sentences at the Nebraska State Penitentiary for his killing. The
pair were leaders of Omaha's chapter of the Black Panther
Party. Most people assume justice was done in the case and little
effort has been made by the news media to dig into the hidden aspects
of the crime.
Poindexter has a new trial request pending before the Nebraska
Supreme Court and an examination of the record, much of it still
hidden by Federal Bureau of Investigation censors, reveals a dozen
reasons to question the outcome of the trial.
1) The 911 call that lured police into a lethal trap
It was a hot summer night when the call came in. A deep male voice
said a woman was screaming at a vacant house on Ohio street. The
police dispatcher sent several two-man cars to investigate. As eight
officers fanned out to search the house and yard one of them stooped
to check out a suitcase near a doorway. The blast killed 29 year-old
Larry Minard instantly.
While an intense investigation ensued, the single-most important
piece of evidence was the 911 recording of the killer's voice that
lured police into the lethal trap. The FBI immediately offered to
analyze the tape recording to attempt an identification of the killer
by comparison of voice samples--under certain conditions. Neither
the FBI nor Assistant Chief of Police Glen W. Gates wanted the
results made public.
The Omaha World-Herald quoted, in a front-page story 'Voiceprint in
Bombing to FBI Lab', acting-Chief of Police Walter J. Devere that the
recording would be a good investigative tool. What Devere didn't
know or was withholding from the public was the truth of the
matter--the recording was not to be used to find the killer.
The very day of the bombing, the recording was sent to Washington,
D.C. for analysis at the FBI Crime Laboratory. However, a request
was made from Omaha to issue no lab report on the results. When FBI
Crime Laboratory director Ivan Willard Conrad got the unusual request
he talked with J. Edgar Hoover, director of the FBI, and was told to
withhold a report on the recording. Conrad scrawled on the memo,
"Dir advised telephonically & said OK to do." Conrad then initialed
and dated the memo entry, two days after Minard's death. The
clandestine memo ended the search for truth in the case.
On October 13, 1970, the Omaha FBI office updated Hoover on the
status of the deception. "Asst. COP GLENN GATES, Omaha PD, advised
that he feels that any uses of this call might be prejudicial to the
police murder trial against two accomplices of PEAK and, therefore,
has advised that he wishes no use of this tape until after the murder
trials of Peak and the two accomplices has been completed."
The FBI memo continued, "[N]o further efforts are being made at this
time to secure additional tape recordings of the original telephone call.
The jury that would later convict Ed Poindexter and Mondo we Langa
never knew of Hoover's secret order to withhold evidence and never
got to hear the recording of the killer's voice. Officials destroyed
the recording after the trial.
If it wasn't the two Panther leaders on the recording, whose voice was it?
2) The confessions and recantations of 15 year-old Duane Peak
Duane Peak, a 15 year-old, confessed to planting the bomb that killed
Minard and also said he made the phone call as well. Peak actually
gave a half-dozen statements to police both denying his involvement
and implicating others. While being questioned in custody by
assistant county prosecutor Arthur O'Leary, the youth was told the
truth did not matter.
"As a practical matter, it doesn't make any difference what the truth
is concerning you at all."
"You realize now that it doesn't make any difference whether you did
or didn't. That doesn't really make one bit of difference at all at
this stage of the game."
Peak, under threat of the electric chair, finally told interrogators
what they wanted to hear, he had been put up to the crime by Ed
Poindexter and Mondo we Langa. A preliminary hearing was scheduled.
However, Peak didn't follow the script and refused to name the two
Panther leaders in court. A recess was called for several
hours. When Peak returned to the stand he was wearing sunglasses and
was noticeably trembling. Defense attorney David Herzog asked Peak
about his sudden change of demeanor.
ATTORNEY: "What happened to make you shake and bring your nervous
condition about now?"
PEAK: "I don't know."
ATTORNEY: "You had a conversation between the time you were placed
on the witness stand this morning and the present time now, isn't
ATTORNEY: "And there were some things that the police officers told
you about what would happen to you, like sitting in the electric
chair, isn't that correct?"
PEAK: "I didn't have a chance."
ATTORNEY: "You didn't have a chance, did you?"
ATTORNEY: You are doing what they want you to do, aren't you?"
After implicating Ed Poindexter and Mondo we Langa, in the solitude
of his jail cell, the young killer would express remorse in a letter,
known to the prosecution but withheld from the defense.
"The Lord knows I tried but something happened which forced me to
realize I had no alternative but to say what I said. No matter what
anyone says from now on I refuse to call myself a man, or anything
close to a man because I did what I did. Even though there was no
other way, because they already had enough evidence to convict those
other two bloods."
"I not only turned against those two bloods, but I turned against
myself and my own people. I could have denied everything and all
three of us would have gone up to the chair. And then again if I
denied everything one of those other bloods would have gave them a
story and sent me and the other dude up."
Peak ended up with a deal and was sentenced as a juvenile serving 33
months of detention before his release while the 'Omaha Two' remain in prison.
Permission granted to reprint
Author's Bio: Michael Richardson is a freelance writer based in
Boston. Richardson writes about politics, law, nutrition, ethics, and
music. Richardson is also a political consultant.
522 Valencia Street
San Francisco, CA 94110
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