[Pnews] Omaha 2 - Nebraska Supreme Court refuses to explain rejection of Black Panther appeal

Prisoner News ppnews at freedomarchives.org
Mon Jan 26 13:04:07 EST 2015


  Nebraska Supreme Court refuses to explain rejection of Black Panther
  appeal

January 26, 2015
*http://www.examiner.com/article/nebraska-supreme-court-refuses-to-explain-rejection-of-black-panther-appeal*

The Nebraska Supreme Court has refused to explain why it rejected a 
claim of innocence by Mondo we Langa 
<http://www.examiner.com/article/prison-interview-with-mondo-we-langa-on-cointelpro-and-omaha-two-case>, 
former David Rice. The court simply said “overruled” on Jan. 14, denying 
Mondo an explanation what was wrong with his innocence plea. Mondo and 
co-defendant Edward Poindexter were convicted in April 1971 for the 
murder of an Omaha policeman after a controversial trial that sent the 
two Black Panther leaders to prison for life.

In September 2014, the Nebraska Supreme Court denied Mondo we Langa 
<http://www.examiner.com/topic/mondo-we-langa>’s request for 
post-conviction relief without issuing a written decision. Timothy 
Ashford, Mondo’s attorney, then responded by asking for a written 
opinion on three key points. The issues which Mondo sought a written 
explanation from the court were COINTELPRO 
<http://vault.fbi.gov/cointel-pro> tampering with his case, the ruling 
by Judge James Gleason 
<http://www.examiner.com/article/omaha-judge-failed-to-read-appeal-petition-filed-by-cointelpro-prisoner> 
that Mondo did not make an adequate claim of innocence, and a 
constitutional challenge to the composition of the Nebraska Board of 
Pardons.

A claim of innocence is a necessary requirement for Mondo we Langa’s 
appeal. The Douglas County judge ruled that Mondo failed to claim actual 
innocence in his post-conviction appeal despite a numbered paragraph 
making what seems to be a pretty clear claim of innocence.

Ashford wrote: “Defendant Rice [Mondo] is entitled to a new trial 
because he did not commit the crime charged and he is not guilty of the 
crime leading to the death of Officer Minard in 1970, and further, the 
defendant’s presumption of innocence was lost as a result of the errors 
alleged herein.”

Gleason did not explain what was deficient with the pleading and now the 
Nebraska Supreme Court has also twice refused to elaborate. Mondo is 
left to guess what was wrong with his denial of guilt, a bitter irony to 
a prisoner that has steadfastly maintained his innocence for forty-four 
years.

Mondo and Poindexter, now known as the Omaha Two 
<http://crimemagazine.com/j-edgar-hoover-and-framing-omaha-two>, were 
targeted by J. Edgar Hoover, director of the Federal Bureau of 
Investigation under a clandestine and illegal counterintelligence 
program code-named COINTELPRO 
<http://www.examiner.com/topic/cointelpro>. Hoover issued COINTELPRO 
orders to the FBI Laboratory to withhold a report on the identity of an 
anonymous caller who lured police to a deadly bomb ambush in order to 
make a case against the Omaha Two 
<http://www.examiner.com/topic/omaha-two-1>.

The Nebraska Supreme Court failed to acknowledge the COINTELPRO 
tampering with critical evidence and refused to comment on allegations 
that federal agents had interfered with a fair trial. The court also 
ignored a constitutional challenge to the Nebraska Attorney General’s 
membership on the Board of Pardons and failed to explain while the Board 
of Pardons is not in violation of a constitutional barrier to the 
Attorney General’s membership on the Board.

The next avenue of appeal is the federal court system. The ruling by the 
Nebraska high court also sets the stage for a review of the case by the 
United Nations this spring when the United States undergoes a periodic 
review of human rights treaty compliance. Monitors at the UN have 
already been alerted to the COINTELPRO practice of using state courts to 
prosecute targets of COINTELPRO operations and then claim there is no 
federal role in correcting the abuse of justice by counterintelligence 
actions.

Mondo we Langa and Edward Poindexter remain imprisoned at the 
maximum-security Nebraska State Penitentiary doing hard time. Both men 
have repeatedly been denied a new trial and both continue to uphold 
their claim of innocence.

-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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