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<a href="http://www.abu-jamal-news.com/article.php?name=framing4" eudora="autourl">
http://www.abu-jamal-news.com/article.php?name=framing4<br><br>
</a>The Framing of Mumia Abu-Jamal:<br>
An interview with author J. Patrick O'Connor<br>
By Hans Bennett<br><br>
On March 27, the US Third Circuit Court of Appeals ruled against
granting<br>
a new guilt-phase trial to world-famous journalist and death row
prisoner<br>
Mumia Abu-Jamal. While ruling against the three issues that could have
led<br>
to a new guilt-phase trial, the court affirmed US District Court
Judge<br>
Yohn's 2001 decision overturning the death sentence. If the District<br>
Attorney wants to re-instate the death sentence, the DA must call for
a<br>
new penalty-phase jury trial that would be limited to the question of
life<br>
in prison without a chance of parole or a re-instatement of the
death<br>
sentence.<br><br>
Outraged by this decision, Abu-Jamal's supporters around the world
held<br>
"day after" protests, and are now organizing a mass
demonstration in<br>
Philadelphia on April 19, just days before the PA Presidential
Primary<br>
Election. Simultaneously, Abu-Jamal is appealing the court ruling
"en<br>
banc" to the entire Third Circuit, and if unsuccessful there, he
will<br>
appeal to the US Supreme Court, in an effort to be granted a new<br>
guilt-phase trial.<br><br>
At this critical juncture in Abu-Jamal's case, an explosive new book
is<br>
set for release in May, titled "The Framing of Mumia
Abu-Jamal," by J.<br>
Patrick O'Connor, and published by Lawrence Hill Books. O'Connor
explains<br>
that he "was an associate editor for TV Guide at its headquarters
in<br>
nearby Radnor, Pennsylvania during the time Officer Faulkner was
killed<br>
and Abu-Jamal was put on trial and convicted of murdering
him….Sometime<br>
in the mid-1990s I began hearing and seeing the 'Free Mumia' slogan.
In<br>
1996, when HBO premiered the one-hour documentary 'Mumia Abu-Jamal: A
Case<br>
for Reasonable Doubt?', I developed some questions about the verdict
and<br>
certainly the fairness of his trial." Soon, O'Connor had "read
all the<br>
trial transcripts as well as all of the transcripts from Abu-Jamal's<br>
Post‑Conviction Relief Act hearings that were held in 1995, and<br>
continued in 1996 and 1997. I also read all the contemporaneous
newspaper<br>
articles from The Philadelphia Inquirer and Philadelphia Daily News,
as<br>
well as all the books published about the case."<br><br>
In his new book, O'Connor argues that Abu-Jamal was clearly framed
by<br>
police, and that the actual shooter was a man named Kenneth Freeman.<br>
O'Connor criticizes the local media, who, he says "bought into
the<br>
prosecution's story line early on and has never been able to see this
case<br>
for what it is: a framing of an innocent and peace loving
man."<br><br>
In his review of the recent book "Murdered by Mumia," O'Connor
writes that<br>
"there's a great deal to admire about Maureen Faulkner, the widow
of<br>
Philadelphia Police Officer Daniel Faulkner," but concludes that
her<br>
"obsessive hate for Abu-Jamal has blinded her to the
prosecutorial<br>
misconduct and judicial bias that plagued his trial and justifiably
fueled<br>
his rise to a world stage. The real villains in her life were the
police<br>
and prosecutors who framed Abu-Jamal for Officer Faulkner's killing.
They<br>
are the ones, not the long drawn out appellate process that has kept<br>
Abu-Jamal alive, who have denied her the closure she was due more
than<br>
twenty-five years ago."<br><br>
For more background on "The Framing of Mumia Abu-Jamal" and J.
Patrick<br>
O'Connor, Abu-Jamal-News.com is featuring an excerpt from the new book,
a<br>
previous interview with the author, and O'Connor's review of
"Murdered By<br>
Mumia." This new interview was conducted on April 11, 2008, and will
be<br>
featured in the "Journalists for Mumia" newspaper, to be
released days<br>
before the April 19 demonstration in Philadelphia.<br><br>
Hans Bennett: Advocates of Abu-Jamal's conviction and execution always
say<br>
that a police frame-up of Abu-Jamal is a lunatic, far-fetched
"conspiracy<br>
theory" that should be dismissed by any sane observer. What do you
mean<br>
when you say he was "framed"? How was this done?<br><br>
J. Patrick O'Connor: Mumia's early association with the Philadelphia<br>
branch of the Black Panther Party marked him as a subversive to
George<br>
Fencl, the chief inspector of the Philadelphia Police Department's
Civil<br>
Defense Bureau. His subsequent sympathetic coverage of MOVE while<br>
reporting for the local public radio station made him an avowed enemy
of<br>
Mayor Frank Rizzo. Minutes after Officer Faulkner was shot at 3:55
a.m.,<br>
Inspector Alfonzo Giordano – who reported directly to Fencl –
took<br>
command of the crime scene and personally set in motion the framing
of<br>
Abu-Jamal. It would be Giordano who claimed that Mumia told him in
the<br>
paddy wagon that he dropped his gun after he shot Faulkner; it would
be<br>
Giordano who arranged for prostitute Cynthia White and felon Robert<br>
Chobert to identify Abu-Jamal as the shooter. Giordano and White would
be<br>
the D.A. Office's only witnesses at the preliminary hearing to hold<br>
Abu-Jamal over for trial where Giordano repeated this
"confession."<br><br>
Giordano is as corrupt a police officer as one can imagine. For years
he<br>
had been extorting kickbacks – personally averaging $3,000 per month
–<br>
from Center City prostitutes, pimps and bar owners, which explains
his<br>
early arrival at the crime scene. He knew Cynthia White and her pimp.
He<br>
coerced her at the scene to identify Abu-Jamal as the shooter. She
would<br>
be the only witness the D.A. had to claim to see Abu-Jamal holding a
gun<br>
over Faulkner. In her original statement to the police – given within
an<br>
hour of the shooting – she had Abu-Jamal running from the parking
lot<br>
and from as far away as 10-yards firing off "four or five
shots" at<br>
Faulkner before the officer fell. In her third interview with police<br>
detectives, given on December 17, she fine-tuned her statement to
comport<br>
with the actual evidence in the case that Faulkner was shot at close<br>
range. (In one of the most sinister aspects of Abu-Jamal's case, the<br>
police department waited until the Monday after Abu-Jamal's conviction
to<br>
"relieve" Giordano of his duties on what would prove to be
well-founded<br>
"suspicions of corruption." Four years after Abu-Jamal's trial,
Giordano<br>
pled guilty to tax evasion in connection with those payouts and was
sent<br>
to prison.)<br><br>
Incredibly, the police arriving at the crime scene would later claim
not<br>
to have conducted any tests to determine if Abu-Jamal had recently fired
a<br>
gun by checking for powder residue on his hands or clothing, nor did
they<br>
claim to even feel or smell his gun to determine if it had been
recently<br>
fired. Tests such as these are so routine at murder scenes that it
is<br>
almost inconceivable the police did not run them. It is more likely
that<br>
they did not like the results of the tests.<br><br>
>From the outset, the investigation into the shooting death of
Officer<br>
Faulkner was conducted with one goal in mind: to hang the crime on
Mumia<br>
Abu-Jamal. There was no search for the truth, no attempt at providing
the<br>
slain officer with the justice he deserved. Giordano handed Abu-Jamal
to<br>
the D.A.'s Office with his own lie about Abu-Jamal confessing to him
and<br>
packing off Cynthia White in a squad car to tell her concocted account
of<br>
the shooting. When the D.A.'s Office was forced to back away from
the<br>
corrupt Giordano, Assistant D.A. Joseph McGill elicited a new<br>
"confession" to replace Giordano's in February when security
guard<br>
Priscilla Durham and Officer Garry Bell, Faulkner's best friend on
the<br>
police force, responded to his promptings by saying they heard
Abu-Jamal<br>
blurt out at the hospital, "I shot the mother-fucker and I hope
the<br>
mother-fucker dies." Not one of the dozens of other officers present
at<br>
the hospital would make such a claim. In fact, the two officers who<br>
accompanied Abu-Jamal from the time he was placed in the paddy wagon<br>
until he went into surgery, reported that he made no comments in
signed<br>
statements given to detectives assigned to the case that
morning.<br><br>
The prosecution knew that its new "confession" could be
skewered if<br>
Abu-Jamal's defense attorney, Anthony Jackson, called the two officers
who<br>
accompanied Abu-Jamal to the stand, so all the prosecution really had
was<br>
Cynthia White. With White saying she saw it all from beginning to end,
and<br>
willing to testify that she saw Abu-Jamal blow the helpless
Faulkner's<br>
brains out in ruthless cold blood, McGill had his case made,
providing<br>
White's credibility could survive Jackson's cross-examination. McGill
bet<br>
the entire case that it could, and despite the utter web of lies she
told<br>
the jury, was right.<br><br>
Bennett: Why do you think that Kenneth Freeman was the actual shooter
of<br>
Police Officer Daniel Faulkner?<br><br>
O'Connor: Kenneth Freeman was Billy Cook's street vendor partner and
was<br>
riding with him in the VW when Faulkner pulled the VW over. Freeman
got<br>
out of the VW and subsequently handed Faulkner a phony driver's
license<br>
application bearing the name of Arnold Howard, which Howard had
recently<br>
loaned to him. Howard's papers were found in Faulkner's shirt
pocket.<br>
Police rounded up both Howard and Freeman in the early morning hours
of<br>
December 9 and brought them in for questioning. At the
Post-Conviction<br>
Relief Act hearing in 1995, Howard testified that on several
occasions,<br>
Cynthia White picked Freeman out of a lineup.<br><br>
At Billy Cook's March 29 trial for assaulting Officer Faulkner, with<br>
McGill as the prosecutor, White told McGill in direct testimony that
the<br>
passenger in the VW "had got out." McGill said, "He got
out of the car"?<br>
White responded, "Yes." (At Abu-Jamal's trial, McGill got White
to testify<br>
that only Abu-Jamal, Cook, and Faulkner were at the scene.)<br><br>
Various witnesses said they saw a black man running from the scene
right<br>
after the shooting. Some of the eyewitnesses said this man had an Afro
and<br>
wore a green army jacket. Freeman did have an Afro and he perpetually
wore<br>
a green army jacket. Freeman was tall and burly, weighing about 225
pounds<br>
at the time.<br><br>
Cab driver Robert Harkins was driving right by the parked police car
and<br>
the VW when he saw a police officer grab a man. The man "then spun
around<br>
and the officer went to the ground," falling face down backwards,
landing<br>
on his hands and knees. The assailant shot the officer in the back,<br>
causing him to roll over on his back, and then executed him with a shot
to<br>
his forehead.<br><br>
Harkins described the shooter as a little taller and heavier than
the<br>
6-foot, 200-pound Faulkner. Robert Chobert told police in his first<br>
statement that the shooter had an Afro and weighed about 225 pounds.<br>
(Abu-Jamal, also about 6-foot, wore in his hair in dreadlocks and
weighed<br>
170 pounds at the time.)<br><br>
In Billy Cook's April 29, 2001, affidavit he declared that Freeman
was<br>
with him the night of the shooting, was armed, and fled the scene
after<br>
Faulkner was shot. Cook said he did not see who shot Faulkner.<br><br>
Freeman would meet an ignominious death hours after Philadelphia
police<br>
firebombed the MOVE house on Osage Avenue in 1985, killing 11 MOVE<br>
members, including John Africa, whose corpse had been beheaded.
Freeman's<br>
dead body was found bound, gagged and naked in a vacant lot. There
would<br>
be no police investigation into this obvious murder. The coroner
listed<br>
his cause of death as a heart attack. The timing and modus operandi of
the<br>
abduction and killing alone suggest an extreme act of police
vengeance.<br><br>
Bennett: In your book, you were very optimistic about the Third
Circuit<br>
granting Abu-Jamal a new guilt-phase trial. Were you surprised by
the<br>
March 27 ruling? If so, how do you account for such a surprising
ruling?<br><br>
O'Connor: I was incredulous. I thought the oral arguments on May 17
had<br>
gone extremely well for Abu-Jamal and that he would get a new trial.
The<br>
2-1 majority ruling demonstrated anew just how politicized this case<br>
always has been from the beginning and continues to be still. The
two<br>
Republican-appointed judges on the panel formed the majority and the
lone<br>
Democrat-appointed judge dissented. I hate to make it sound that
simple,<br>
but the U.S. Supreme Court itself is not above making decisions based
on<br>
party or ideological lines, and all too frequently does.<br><br>
In its ruling, the majority stated it believed Abu-Jamal had
"forfeited<br>
his Batson claim by failing to make a timely objection. But even
assuming<br>
Abu-Jamal's failure to object is not fatal to his claim, Abu-Jamal
has<br>
failed to meet his burden in providing a prima facie case." The
majority<br>
stated that he failed because his attorneys at his PCRA evidentiary<br>
hearing neglected to elicit the prosecutor's reasons for removing 10<br>
otherwise qualified blacks by means of peremptory strikes during
jury<br>
selection.<br><br>
"Abu-Jamal had the opportunity to develop this evidence at the
PCRA<br>
evidentiary hearing, but failed to do so. There may be instances where
a<br>
prima facie case can be made without evidence of the strike rate and<br>
exclusion rate. But in this case, we cannot find the Pennsylvania
Supreme<br>
Court's ruling [denying Abu-Jamal's Batson claim] unreasonable based
on<br>
this incomplete record," the majority wrote. In a nutshell, the
majority<br>
denied Abu-Jamal's Batson claim on a technicality of its own
invention,<br>
not on its merits.<br><br>
Judge Ambro's dissent was sharp: "…I do not agree with them
[the<br>
majority] that Mumia Abu-Jamal fails to meet the low bar for making
a<br>
prima facie case under Batson. In holding otherwise, they raise the<br>
standard necessary to make out a prima facie case beyond what Batson
calls<br>
for."<br><br>
In other words, the majority, in this case alone, has upped the ante<br>
required for making a Batson claim beyond what the United States
Supreme<br>
Court stipulated. When ruling in Batson in 1986, the U.S. Supreme
Court<br>
imposed no timeliness restrictions as to when a Batson claim may be<br>
raised, nor has the court done so in the intervening 22 years. Neither
did<br>
it require that the racial composition of the entire jury pool be
known<br>
before a Batson claim could be raised. (In fact, the Supreme Court<br>
recently added heft to its Batson ruling, ruling in Synder that the<br>
purging of only one black juror on the basis of racial discrimination
was<br>
grounds for a new trial.) In addition, the Supreme Court ruled in
1986<br>
that to establish a prima facie case for a Batson claim, the
defendant<br>
must show only "an inference" of prosecutorial discrimination
in purging<br>
even one black from a jury. Even the Third Circuit has never
previously<br>
allowed the timing of a Batson claim to be material, nor had it ever
ruled<br>
previously that not knowing the racial composition of the entire jury
pool<br>
was a fatal flaw in lodging a Batson claim.<br><br>
The fact that the prosecutor in Abu-Jamal's case used 10 of the 15<br>
peremptory challenges to exclude blacks from the jury – a strike rate
of<br>
66 percent against potential black jurors – is in itself an inference
of<br>
discrimination. The result was that only three of the 12 jurors
impaneled<br>
were black.<br><br>
The Third Circuit should have remanded the case back to Federal
District<br>
Court Judge Yohn – the judge who ruled on Abu-Jamal's habeas
corpus<br>
petition in 2001 – to hold an evidentiary hearing to determine the<br>
prosecutors' reasons for excluding the 10 potential black jurors he<br>
struck. If that hearing revealed racial discrimination on the part of
the<br>
prosecutor during jury selection, Judge Yohn would be compelled to order
a<br>
new trial for Abu-Jamal.<br><br>
Abu-Jamal is left with only two remedies to correct the flawed Third<br>
Circuit ruling. His first option is to request the Third Circuit to
review<br>
its decision en banc where the entire panel of judges sitting on the
Third<br>
Circuit would conduct oral arguments anew. There is some likelihood
that<br>
the Third Circuit might agree to meet en banc because the panel's
decision<br>
to deny Abu-Jamal's Batson claim went against that court's own<br>
well-established precedents in granting similar Batson claims in the
past.<br>
However, the barrier to en banc deliberations is a high one: a majority
of<br>
the sitting judges must vote to reexamine the case. On the Third
Circuit<br>
Court, there are 12 judges eligible to vote, but four have already
recused<br>
themselves from this particular case, meaning five of the remaining
eight<br>
judges would be needed to go forward en banc. Abu-Jamal has most
probably<br>
had his one day before the Third Circuit.<br><br>
Barring a reversal by the Third Circuit, Abu-Jamal's final option is
to<br>
appeal the Third Circuit's ruling to the U.S. Supreme Court, which has
on<br>
three previous occasions denied to take up his case. This time,
though,<br>
there is a remote possibility that the high court may take the case
up<br>
because the Third Circuit's ruling created new law by placing new<br>
restrictions on a defendant's ability to file a Batson claim.<br><br>
Bennett: With the media spotlight on the PA Primary Elections, and
the<br>
major demonstrations supporting Abu-Jamal on April 19, what would you
like<br>
the world to know about this famous death-row case? How far has the
city<br>
of Philadelphia come since the days of Police Commissioner and Mayor
Frank<br>
Rizzo, a notorious racist and public advocate of police
brutality?<br><br>
O'Connor: In a real sense, D.A. Lynn Abraham, just as Frank Rizzo
before<br>
her, embodies the worst of Philadelphia. Known as "the Queen of
Death" for<br>
her zeal in seeking the death penalty, she was depicted as the
nation's<br>
"deadliest D.A." in a New York Times Magazine article in 1995.
Her<br>
personal vendetta against Abu-Jamal equals that of Officer
Faulkner's<br>
widow. The day Federal District Court Judge Yohn overturned
Abu-Jamal's<br>
death sentence in 2001, Abraham put her antipathy for Abu-Jamal this
way:<br>
"Today, Mumia Abu-Jamal is what he has always been: a
convicted,<br>
remorseless, cold-blooded killer."<br><br>
The case of Mumia Abu-Jamal represents an enormous miscarriage of
justice,<br>
representing an extreme example of prosecutorial abuse and judicial
bias.<br>
What makes getting to the truth about this case so difficult for
people,<br>
particularly people in Philadelphia, is that the prosecution built
its<br>
case on perjured testimony with a calculated disregard for what the
actual<br>
evidence established. The local media bought into the prosecution's
story<br>
line early on and has never been able to see this case for what it is:
a<br>
framing of an innocent and peace loving man.<br><br>
Two things account for the unprecedented national and international<br>
interest in this case. First and foremost is the man himself. Despite
more<br>
than 25 years of the bleakest existence possible in isolation on
death<br>
row, Mumia Abu-Jamal remains what he has always been: an articulate,<br>
compassionate righter of wrongs. The second thing that makes this case
so<br>
compelling to such a wide audience is that his trial represents such
a<br>
monumental abuse of government power to railroad one man that it
really<br>
says no citizen is truly free until this wrong has been undone.<br><br>
--Hans Bennett is a Philadelphia journalist and co-founder of
Journalists<br>
for Mumia, whose website is Abu-Jamal-News.com.<br><br>
<br><br>
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