[Ppnews] American Justice is Blind, But the Scales are Rigged
Political Prisoner News
ppnews at freedomarchives.org
Tue Jan 5 14:29:04 EST 2010
http://www.opednews.com/articles/American-Justice-is-Blind-by-Dave-Lindorff-100105-60.html
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January 5, 2010
American Justice is Blind, But the Scales are Rigged
By Dave Lindorff
y Dave Lindorff
When it comes to justice in America, the scales definitely badly need
a visit by an inspector from the Department of Weights and Standards.
Consider the recent decision by Federal Judge Ricardo Urbina tossing
out the federal indictment of five Blackwater (Now Xe) mercenaries
for the 2007 slaughter of 14 innocent Iraqis in Baghdad.
The judge found that federal prosecutors had improperly used
incriminating statements which he said had been "compelled" from the
Blackwater personnel under "threat of job loss."
Let's compare that to how the courts have handled other cases. We
might start with John Walker Lindh, the young American captured in
the first days of the US invasion of Afghanistan in 2001. Indicted on
charges of conspiring to kill Americans, Lindh, currently serving a
20 year sentence after a plea agreement reached with the government,
never had his case thrown out, though the government's main evidence
was a statement allegedly made by him (this on the word of an FBI
agent) that he had been a member of the Taliban and Al Qaeda--a
statement that even if actually made, had come at a time that Lindh
was being kept duct-taped to a gurney and held in an unheated, unlit
metal shipping container, with an untreated bullet wound in his leg,
and denied access to an attorney. Surely the coercion behind this
"confession"--Lindh's military captors allegedly were threatening him
that he would die in Afghanistan--was at least as severe as the
threat to Blackwater guards that they could lose their jobs if they
didn't tell what had happened at the bloody shooting in Baghdad. Yet
Lindh's charges were allowed to stand.
Or compare the Blackwater case to the case of Philadelphia journalist
Mumia Abu-Jamal, who has been on Pennsylvania's death row now for 27
years for the 1981 killing of a white Philadelphia police officer,
Daniel Faulkner. Abu-Jamal was convicted largely on the basis of
testimony by two alleged "eye-witnesses": an African-American
prostitute named Cynthia White and a white taxi driver named Robert
Chobert. White gave wildly different accounts of what she had "seen"
from her position on the sidewalk several car lengths away from the
shooting. In her first statement to police, on Dec. 9, 1981, the day
of the shooting, she claimed the shooter of officer Faulkner had
"fired the gun at the police officer four or five times" after which
"the police officer fell to the ground, started screaming." But after
that initial interview, White kept being picked up again and again by
police, who would bring her to homicide where she would be
re-interviewed. Each time, her version of what she had seen would
change, and the number of shots fired at the officer while he was
standing would get lower, from "four or five shots" on Dec. 12, to
"one or two shots" on Dec. 17, to just one shot on Jan. 8. Asked at
trial by Abu-Jamal's attorney why her account of what she had seen
kept changing, White replied, "They were asking me questions, and
they asked me in a different way to explain it." Was White being
coerced by police investigators into making perjured testimony? White
was a prostitute. Police kept arresting her on the street and asking
her the same questions over and over. At least one fellow prostitute,
Veronica Jones, later testified that she had been similarly pressured
by police, with the offer allegedly being made that if she said what
police investigators wanted, she would be left alone and would even
be protected in her street-walking activity.
Chobert, meanwhile, the taxi driver, claimed to have been parked in
his taxi behind Officer Faulkner's squad car, when he witnessed the
shooting two cars ahead of him. There has always been a question as
to whether Chobert was really parked where he said he was. White, in
two drawings of the scene done for police investigators, showed
Faulkner's car, Abu-Jamal's brother's car, and a Ford that was not
involved in the incident at all, but she did not show any taxi. Nor
did any other witness report seeing Chobert or his cab. In any event,
while Joseph McGill, the assistant DA prosecuting the case, assured
the jury of Chobert's integrity ("Do you think anybody could get him
to say anything that wasn't the truth?" he asked them rhetorically in
his summation.), in fact, he had worked assiduously to prevent them
from knowing that this witness actually was a convicted arsonist (he
had thrown a molotov cocktail into an elementary school for money and
was currently on out on probation for a five year sentence). McGill
also convinced the judge to keep from the jury the information that
Chobert was driving his cab on a license that had been suspended for
a DWI conviction--something that could have been used to revoke his
probation and send him to jail to serve his term. Further, McGill
failed to tell either the jury or the judge or the defense that
Chobert had asked him if the prosecutor could help him "fix" his
license problem. Clearly, Chobert was also testifying in this
controversial case under considerable coercion.
Yet through years of appeals, though the evidence of coerced
testimony is clear in this case, no judge has seen fit to toss out
Abu-Jamal's conviction and order a new trial.
Although it is clearly anathema to any kind of fair trial, coercion
is commonplace in American "justice." Whether a judge will decide
that the coercion of confessions or of witnesses requires the tossing
out of an indictment, or the overturning of a conviction, though,
appears to have more to do with the political connections of the
defendant than with the merits of the case.
John Walker Lindh was portrayed in the months before his trial as
"the American Taliban" by no less than the Attorney General of the
United States, John Ashcroft. He was widely portrayed in the media at
the time as a traitor to America, though he had actually joined up
with Taliban fighters in August of 2001, a monthbeforethe 9-11
attacks at a time that the US had no troops in Afghanistan, and was
actually holding governmental meetings with the Taliban government
over a pipeline deal, and over efforts to attack opium growing in the country.
Abu-Jamal, since the shooting of Officer Faulkner, has been the
target of a nationwide campaign by the police union, the Fraternal
Order of Police, to have him convicted and executed.
There is really no doubt that Blackwater "security guards" working
for the US military and State Department, perhaps fearing they were
under attack, went on a shooting rampage in a Baghdad intersection,
mowing down 14 civilians, including women and children, and wounding
many more. One of the group initially charged even confessed and is
currently serving jail time for his actions. But in the view of a
federal judge, the fear on the part of his colleagues that they might
lose their jobs if they didn't tell investigators what had happened
makes their initial confessions "coerced," and since those statements
were used by federal prosecutors as a basis for their indictment of
the men, the indictment was flawed and had to be tossed out.
American justice at work.
The scales are not balanced.
__________________
DAVE LINDORFF, a Philadelphia-area journalist, is the author of
"Killing Time: An Investigation into the Death Row Case of Mumia
Abu-Jamal" (Common Courage Press, 2003). His latest book is "The Case
for Impeachment" (St. Martin's Press, 2006). His work is available
at<http://www.thiscantbehappening.net/>www<http://www.thiscantbehappening.net/>.thiscantbehappening.net
Author's Website: www.thiscantbehappening.net
Author's Bio: Dave Lindorff's writing is available at
<http://www.thiscantbehappening.net>www.thiscantbehappening.net. He
is a columnist for Counterpunch, is author of several recent books
("This Can't Be Happening! Resisting the Disintegration of American
Democracy" and "Killing Time: An Investigation into the Death Penalty
Case of Mumia Abu-Jamal"). His latest book, coauthored with Barbara
Olshanshky, is "The Case for Impeachment: The Legal Argument for
Removing President George W. Bush from Office (St. Martin's Press, May 2006).
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