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<h1 property="schema:name dc:title" datatype="" class="node__title">Mondo
we Langa seeks post-conviction appeal for new trial in COINTELPRO case</h1>
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<div class="media__img sticker-container"> <br>
<div class="media__body caption"><span class="caption__credit">Michael
Richardson</span></div>
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</aside><b><small><small>http://www.examiner.com/article/mondo-we-langa-seeks-post-conviction-appeal-for-new-trial-cointelpro-case</small></small></b><br>
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<div class="article-dateline">
<div property="dc:date dc:created" content="March 12, 2014"
datatype="xsd:dateTime" class="date date--created">March 12, 2014</div>
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<p><a
href="http://www.examiner.com/article/prison-interview-with-mondo-we-langa-on-cointelpro-and-omaha-two-case">Mondo
we Langa</a> (formerly David Rice) filed an appeal with the Nebraska
Appellate Court over his petition for post-conviction relief under a
ruling by the U. S. Supreme Court, <em>Martinez v. Ryan</em>,
permitting the procedure over four decades after trial. Mondo has been
imprisoned since August 1970 when he was charged with the bombing
murder of <a
href="http://www.examiner.com/article/omaha-patrolman-larry-minard-killed-ambush-bombing-after-911-call">Patrolman
Larry Minard, Sr</a>. Officer Minard died August 17, 1970, responding
to a 911 call about a woman screaming in a vacant house.</p>
<p>Mondo we Langa and <a
href="http://www.examiner.com/article/prison-interview-with-ed-poindexter-on-cointelpro-and-the-omaha-police">Edward
Poindexter</a> were the leaders of Omaha’s Black Panther affiliate
chapter and the targets of <a
href="http://www.examiner.com/article/j-edgar-hoover-signed-off-on-secret-cointelpro-plan-to-guide-omaha-police">J.
Edgar Hoover</a> and the agents of the Omaha FBI office lead by Special
Agent-in-Charge Paul Young. Young, under orders from Hoover, long-time
director of the Federal Bureau of Investigation, manipulated the
prosecution of the two Panther leaders and withheld a laboratory report
from the FBI Crime Laboratory on the identity of the 911 caller. Mondo
states that the recording of the 911 call should not have been withheld
from him and the jury should have listened to the voice of the
anonymous caller luring the police into a deadly trap. Mondo’s petition
for a new trial is filled with a litany of errors and problems with the
prosecution of the two men known as the <a
href="http://www.examiner.com/topic/omaha-two-1"
class="inline_link omniture-click-processed">Omaha Two</a>.</p>
<p>Mondo’s petition, which the appeal concerns, cites a long-standing
problem of ineffective counsel during the cross-examination of Duane
Peak, the confessed teenaged bomber over inconsistent statements. Peak
gave two conflicting accounts, both under oath, over the triggering of
the bomb and the involvement of Mondo in the crime. Peak gave two
different versions of removing fingerprint evidence, gloves or
cleaning. Peak had two stories about the 911 call, one of which
conflicts with the recording itself.</p>
<p>The petition states that trial counsel, David Herzog, failed to
examine <a
href="http://www.examiner.com/article/retired-detective-contradicts-his-own-trial-testimony-omaha-two-case">conflicting
trial testimony</a>, between detective <a
href="http://www.examiner.com/article/detective-jack-swanson-claimed-to-find-dynamite-black-panther-house">Jack
Swanson</a> and detective Robert Pfeffer, over the location of the
dynamite allegedly seized from Mondo’s basement. Swanson said the
dynamite was in plain sight in a coal bin while Pfeffer claimed the
explosive was hidden under a wooden door. Further, Swanson testified
that he found the dynamite and that Robert Pfeffer was there with him.
Pfeffer, however testified he was never in the basement.</p>
<p>Duane Peak’s contradictory testimony about the involvement of Mondo
in the crime during the preliminary hearing is cited along with Peak’s
inconsistent statements to police. </p>
<p>The failure of trial counsel to effectively challenge Alcohol,
Tobacco and Firearms Division chemists Kenneth Snow and Roland Wilder
despite their speculative testimony not supported by reliable
scientific basis. Concurrently, Snow was not rebutted over his findings
about copper wire found on Mondo’s pliers which had a wide variety of
sources. Nor was the ATF neutron activation testing method of the
dynamite challenged despite the test being a poor testing method to
compare samples.</p>
<p>Mondo cited five individuals named in police reports that the trial
lawyer failed to call to testify at trial; George McCline, Patrick
Jones, Anthony Sanders, and Richard Gibson. All five men are listed in
police reports as having information about the dynamite used in the
bombing.</p>
<p>A sleeping juror that defense attorney Herzog did not object to was
raised by Mondo in the petition. Ed Poindexter says the sleeping juror
is actually illustrated in a relaxed posture in an <em>Omaha
World-Herald</em> sketch of the jury that was published in the
newspaper.</p>
<p>Mondo complained that trial counsel did not identify Johnnie L.
Bussby or raise the issue of Bussby’s social security card found at the
crime scene.</p>
<p>Mondo points out that Robert Cecil tested positive for dynamite
particles on his clothing yet was released, a matter never raised by
Mondo’s lawyer. The ATF search July 20, 1970 search warrant for
National Committee to Combat Fascism headquarters should have been
explored by defense counsel for possible relevance to the crime.</p>
<p>Jack Swanson’s bust on July 28, 1970, of Luther Payne, Lamont
Mitchell, and Conroy Gray for dynamite possession should have been
raised before the jury. The petition notes, “Although arrested, and
originally charged, the case against these individuals was ultimately
dismissed following the conviction of Mondo and Poindexter in this
case.”</p>
<p>Mondo stated that his trial lawyer should have explored Duane Peak’s
testing for dynamite: “Peak’s clothes and hand swabs were never entered
into evidence at trial; defendant’s trial counsel failed to investigate
or even ask the chemist testifying at trial whether these articles
tested positive for dynamite.” </p>
<p>The frequent harassment of NCCF members, including Mondo, by the
Omaha Police Department should have been brought to the jury’s
attention said Mondo’s petition.</p>
<p>A declaration by Marvin McClarty, an Omaha policeman who
participated during the investigation and was guarding the outside of
Mondo’s house, cited that the search was irregular. McClarty has said
an effort was made to keep the public and other police officers at the
scene from observing the search activity. To McClarty it seemed as
though items were being carried into the house rather than out.</p>
<p>Mondo said his attorney should have explored Jack Swanson’s early
focus on the NCCF despite no evidence linking the group to the bombing.
Mondo also cites <a
href="http://www.examiner.com/article/crimes-of-cointelpro-heard-at-northeastern-law-school-seminar">COINTELPRO</a>
targeting of Poindexter and himself.</p>
<p>“Dozens of FBI counter intelligence program (<a
href="http://www.examiner.com/topic/cointelpro"
class="inline_link omniture-click-processed">COINTELPRO</a>) memos and
reports targeting various NCCF members, including defendant, and
several which illustrated Mondo and Poindexter was targeted by reason
of their political beliefs.”</p>
<p>Mondo’s trial and appellate attorneys failed to preserve an
objection to the “unified” trial which required the jury to
simultaneously determine guilt or innocence and also make the
determination as to execution. The prosecutors were seeking the
execution of both Ed Poindexter and Mondo we Langa.</p>
<p>“In the guilt phase of the trial, Mondo had to defend his innocence,
while he simultaneously argued for a life sentence. He had to forgo the
benefits of presumption of innocence by arguing for life imprisonment.
This gave the jury the wrong impression that because Mondo argued for a
life sentence, he was admitting some level of guilt. Mondo was forced
to present a defense to the jury that consisted of the conflicting
objectives of proving his innocence and requesting a life sentence, all
contrary to the requirements of a fair trial.” </p>
<p>Mondo appealed to the court over newly discovered technological
evidence and the ability to scientifically analyze the 911 caller’s
voice against that of Duane Peak equating the new forensic tools the
equal of DNA analysis. Mondo cited the findings of internationally
recognized forensic audiologist Tom Owen who said it was “highly
probable” that Duane Peak did not make the 911 as Peak testified.</p>
<p>Mondo also asked for retesting of his clothing. Police claim
dynamite particles were found in Mondo’s pants pockets yet an <em>Omaha
World-Herald</em> <a
href="http://www.examiner.com/article/omaha-world-herald-photo-disproves-police-account-omaha-two-cointelpro-case">photo
of Mondo</a>, hands deep in pockets, taken moments before Mondo’s hands
tested negative for dynamite calls into question what, and when, did
the alleged dynamite particles get into the pants.</p>
<p>The petition for a new trial closes with a detailed analysis of the
flaws of the Board of Pardons and the conflicted role of the Attorney
General who serves as both member of the Board of Pardons and attorney
for the three member board. </p>
<p>In 1993, the Board of Parole voted 5-0 to commute Mondo’s sentence
to a fixed number of years and thus obtain eligibility for parole. The
unanimous Board of Parole was overruled by the Board of Pardons made up
of the top three elected officials in the state. Attorney General Don
Stenberg stated to the Board of Pardons that people who kill police
officers should receive the death penalty or die in prison. Governor
Ben Nelson acknowledged to the Board of Pardons that he was unlikely to
grant Mondo a parole opportunity because of the nature of the crime.</p>
<p>“The practice of requiring a commutation by the board of pardons
unconstitutionally usurps the power of the parole board,” concludes the
petition. </p>
<p>Mondo’s appeal is in the briefing stage and so he must continue to
wait for a day in court from his small cell at the Nebraska State
Penitentiary where he continues to proclaim his innocence.</p>
<p><strong>For further information read <a
href="http://www.examiner.com/article/federal-judge-says-supreme-court-got-it-wrong-on-black-panther-mondo-we-langa">U.S.
District Judge Warren Urbom</a></strong></p>
<p>(Barbara Head contributed to this report)</p>
<p><em>Permission granted to reprint</em></p>
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