Professional Documents
Culture Documents
ABU-JAMAL NEWS
Published by Journalists for Mumia Abu-Jamal, an independent news organization
Punishing Lynne
The same appeals courts that traditionally tion the U.S. Constitution!] to aid and abet
August 14, 2010 reverses the convictions of cops who torture or violations of law -- for years.
kill Black citizens, and who traditionally rely Guess how many of them faced trial? Guess
For nearly 30 long, tortuous years, Marilyn on the judgements of the trial courts, reversed how many of them will in future?
Buck was a political prisoner of the state, a By Mumia Abu-Jamal
Stewart’s sentence as not tough enough. How many of them will ever face prison?
captive in the federal prison system for her July 18, 2010
So much for judicial tradition. None, None -- and none.
role in the liberation of former Black Panther, For Lynne’s tradition wasn’t that of the tony, For their crimes were on behalf of the power-
Assata Shakur. Lynne Stewart, the activist lawyer, was
tie and tails law firs of downtown Manhattan. ful; the state; hence their immunity.
She wrote gripping lines of radical poetry, recently sentenced to 10 years in prison.
She didn’t represent the rich, the powerful, the Or consider what is know in international law
often about the lives and plights of her fellow This outstanding lawyer, a 70 year old
well-heeled. as the ‘supreme crime’: wars of aggression.
imprisoned women, as well as of prisoners grandmother, who is facing the serious threat
She represented the poor, the oppressed, the Iraq will be a basket case for generations,
who were active in the Black Freedom and of breast cancer, was originally sentenced to
destitute and the dispossessed; the Black, the thanks to American arrogance and greed.
Nationalist movements. 2 years and 4 months, but the federal appeals
Latino, the Arab, the damned; those whom Will anybody be brought to book for this
For example, back in 2000 she wrote “Black court apparently felt that wasn’t enough.
Frantz Fanon crime, that shattered a nation, that sent millions
August”, an excerpt of which follows: famously into exile, and killed perhaps a million men,
called ‘the women and children?
Would you hang on a cliff’s edge wretched of Don’t hold your breath.
Sword-sharp, slashing fingers the earth.’ There are still black sites, secret prisons,
While jackboot screws stomp heels A juxtaposi- where tortures happen daily. There is still
on flesh peeled bones tion: Many, extraordinary renditions - clear violations of the
and laugh many lawyers Convention Against Torture (CAT)
“Let go! die, damn you,die!” on the Office But politicians are doing it - not to ‘protect’
could you hold on 20 years, 30 years? of Legal the nation -- but to secure elections. Torture for
20 years, 30 years and more Counsel, in the votes.
brave Black brothers buried White House, And a 70 year old grandmother, a lawyer,
in US concentration camps the CIA, and is sent to prison for 10 years - for violating a
they hang on the Defense prison rule that is an unconstitutional relic of
Black light shining in torture Dept. violated the so-called war on terror.
chambers criminal laws, This is what an empire in decline looks like.
Ruchell, Yogi, Sundiata, Sekou the military
Warren, Chip, Seth, Herman, Jalil legal code, the --(c) ‘10 maj
and more and more they resist: Geneva Con-
Black August.... ventions, and Editor’s note: Lynne Stewart has since ap-
the Conven- pealed this re-sentencing to the US Second
Marilyn wrote that poem in 2000. tion Against Circuit Court of Appeals. For the latest infor-
She was released in July 2010, and recently Torture (CAT) mation, and to learn how you can help support
passed away from the ravages of cancer. [not to men- Lynne, please visit: www.lynnestewart.org
Marilyn Buck was imprisoned so long
Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners! Page 3
The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus
By Dave Lindorff “dangerously counter-productive to the ing and ostracizing a death row inmate.”
abolition movement in the US.” What makes the American abolition-
June 29, 2010 ThisCantBeHappening! this past week ists’ petulant and manipulative behavior
(www.ThisCantBeHappening.net) obtained a copy of that secret memoran- as expressed in the secret memo and
dum (featured in full, at the bottom of the their cynical threat to withdraw from
“I would unite with anybody to do right page). the Congress particularly outrageous is
and with nobody to do wrong.” When we showed it to some other that Abu-Jamal’s arrest, trial and appeals
--Frederick Douglass members of the boards of the organiza- process has been, as Boghosian notes, a
tions whose officers or individual board textbook case of police and prosecutor
On the evening of February 25, par- members had signed their names to it, re- corruption, malfeasance and abuse. From
ticipants at the Fourth World Congress sponses ranged from consternation to out- the beginning, even before his arrest, Abu-
Against the Death Penalty in Geneva, rage. Babbitt’s brother Manny was killed Jamal’s case was poisoned by a police
Switzerland had assembled from all over as a direct result of a corrupt law enforce- lust for vengeance. Although he had been
the globe for a dramatic Voices of Victims ment system in California that pressed for shot through the lung and liver by a bul-
evening. It got more dramatic than they execution, even though it was clear from let fired from Officer Faulkner’s service
had anticipated though, when suddenly a medical testimony that the elderly grand- revolver, and was in danger of dying of
cell phone rang and Robert R. Bryan, lead mother he allegedly killed actually died of internal bleeding that was filling his lungs
defense attorney for Mumia Abu-Jamal, shock when she discovered him breaking with blood, Abu-Jamal was left lying in a
jumped up on the stage to announce that and entering her apartment. Left in the police wagon for almost half an hour be-
his client had called him from death row dark about the memo despite his being fore he was finally delivered to a hospital
in Pennsylvania. on the MVFHR board, Babbitt said, “My emergency room, where hospital staff and
The audience sat in rapt silence as the brother Manny’s last words to me were to at least one police officer on the scene
emcee held the phone up to the micro- always take the high road, and to me that observed him being kicked and punched
phone. Abu-Jamal, on death row for 28 means telling the truth and being open by the officers delivering him.
years after a widely disputed conviction and transparent.” He added, regarding the During the jury selection process at the
for the murder of Philadelphia police content of the memo, “I think throwing beginning of his trial, the presiding judge,
officer Daniel Faulkner, greeted the del- Mumia under the bus is not the way to go Albert Sabo, who as a county sheriff’s The Full Text of the Memo
egates and then, as he has done on many in the abolitionist movement. You don’t deputy was an FOP member before he CONFIDENTIAL MEMORANDUM to ECPM
occasions before, described to them the make bargains with a wolf whose motive was made a judge, was overheard by a From the US members of the Steering Committee of the
horrors of life in prison for the 20,000 is to devour.” second judge and his court stenographer WCADP / Involvement of Mumia Abu-Jamal endangers the
people around the world who are awaiting Robert Meeropol, a son of Ethel and saying to his own court clerk, as he exited US coalition for abolition of the death penalty
execution. Julius Rosenberg, who were executed as the courtroom through the judge’s robing ECPM has unilaterally, and over objection, determined
A small group of American death penalty spies in 1953, is also a member of the room, “Yeah and I’m gonna help them fry
to give the Mumia Abu-Jamal case a prominent role in the
abolitionist leaders, led by Renny Cush- MVFHR board. Currently traveling on that nigger!”
upcoming 4th World Congress Against the Death Penalty,
ing, executive director of Murder Victims’ behalf of the organization in Asia, he said During the tortuous appeals process,
through a staffer in the US that he did not both the state and federal courts have including the participation of Mr. Abu-Jamal’s lawyers and
Families for Human Rights, stalked out of his direct participation by telephone. The US members of the
the hall. Two members of MVFHR, how- know about the memo, and added that he shamelessly bent their rules and violated
still stands “fully in support of a new trial precedents to deny Abu-Jamal the benefits Steering Committee of the World Coalition Against the Death
ever, remained in the hall: Bill Babbitt,
whose brother Manny, a Vietnam vet suf- for Mumia Abu-Jamal.” of precedents that have been routinely Penalty do not agree to this, because it will be counter-pro-
fering acute post-traumatic stress disorder, Several calls seeking a comment from accorded other appellants. Third Circuit ductive to our effort to achieve abolition in our country.
was executed in California; and Bill Pelke, Cushing or Lowenstein remain unan- Appeals Court Judge Thomas Ambro filed The Abu-Jamal case, regardless of its merits, acts as a light-
whose grandmother was murdered by a swered, though a staffer at the MVFHR a stinging dissent to a decision by his two ning rod that galvanizes opponents of abolition and neutral-
girl whom he later befriended and helped Boston office, Susanna Sheffer, said, “This colleagues, who effectively created new izes key constituencies in the cause of abolition. Continuing
to spare from execution. Babbitt even is a complicated thing. You need to under- law from the bench in rejecting Abu- to give Abu-Jamal focused attention unnecessarily attracts our
joined Bryan onstage during Abu-Jamal’s stand the depth and texture of this.” Jamal’s well-founded Batson claim of strongest opponents and alienates coalition partners at a time
address. Also surprised at the memo was actor racial bias by the prosecution during jury when we need to build alliances, not foster hatred and enmity.
What neither Babbitt nor Pelke, nor Michael Farrell, president of the Califor- selection at his trail. Scarcely concealing While Abu-Jamal still attracts some positive attention
Abu-Jamal and his attorney, Bryan, knew nia abolitionist group Death Penalty Fo- his outrage, Judge Ambro wrote: “Our outside of the United States, it is at a real cost to the US
at the time was that way back in Decem- cus. Farrell, a long-time supporter of the Court has previously reached the merits of
abolition effort. In 1999, the world’s largest association of
ber, leaders and individual board members call for a new trial for Abu-Jamal, said he Batson claims on habeas review in cases
had never seen the memo, though it was where the petitioner did not make a timely professional law enforcement officers, the Fraternal Order of
of several of the organizations in the Police, announced a boycott of organizations and individuals
US abolitionist movement had signed-- signed by a member of the DPF board, objection during jury selection--signaling
attorney Elizabeth Zitrin. that our Circuit does not have a federal who support Abu-Jamal. Bills have been introduced in both
without their full boards’ or their mem-
Other signers of the memo were Thomas contemporaneous objection rule--and I see houses of the US federal legislature condemning the naming
berships’ knowledge--a “confidential”
memorandum, which they then sent to the H. “Speedy” Rice of the National Associa- no reason why we should not afford Abu- of streets for Abu-Jamal. The result is that Abu-Jamal, rather
French organizers of the World Congress, tion of Criminal Defense Lawyers, Kritsin Jamal the courtesy of our precedents.” He than abolition of the death penalty, becomes the issue and the
stating bluntly that, “As international Houlé of the Texas Coalition to Abolish added, “Why we pick this case to depart focus of attention. That is dangerously counter-productive to
representatives of the US abolition move- the Death Penalty and Juan Matos de Juan from that reasoning I do not know.” the abolition movement in the US.
ment, we cannot agree to the involvement of the Puerto Rican Bar Assn. Abu-Jamal himself, interviewed by The voices of the Innocent, the voices of Victims and the
of Abu-Jamal or his lawyers in the World Bryan, a veteran death penalty defense phone last Friday from his cell at the su- voices of Law Enforcement are the most persuasive factors
Congress beyond attendance.” lawyer who served 10 years on the board per-max death row facility SCI-Greene in in changing public opinion and the views of decision-mak-
Purporting to be from “the US mem- of the National Coalition to Abolish western Pennsylvania, blasted the attempt ers (politicians) and opinion leaders (media). Continuing to
bers of the Steering Committee” of the Death Penalty--three of them as the to silence him at the Congress, and to os- shine a spotlight on Abu-Jamal, who has had so much public
the World Coalition Against the Death organization’s chair--says, “In all my years tracize him from the American abolitionist
exposure for so many years, threatens to alienate these three
Penalty (though hardly an inclusive list as an activist opposing the death penalty, movement. “They are really making deals
I have never heard of any individual or with the devil,” he said, of claims that the most important partnership groups.
of that committee’s membership) and The support of law enforcement officials is essential to
titled, “Involvement of Mumia Abu-Jamal group in that fight singling out anyone as US abolitionist movement was trying to
an exception to our campaign to abolish gain the support of the FOP. “My instinct, achieving abolition in the United States. It is essential to the
endangers the US coalition for abolition of
capital punishment. Everyone is treated being from Philadelphia, is that money national abolition strategy of US abolition activists and attor-
the death penalty,” the memo claimed that
the French organizers of the World Con- equally. To single someone out and say was passed, though I have no evidence to neys, that we cultivate the voices of police, prosecutors and
gress, Together Against the Death Penalty they don’t count is chilling. Where do you prove it.” He added, “This secret action is law enforcement experts, to support our call for an end to the
(ECPM), had arranged to have Abu-Jamal draw the line? At people accused of killing a threat to the entire abolitionist move- death penalty. It was key in New Jersey and in New Mexico,
speak “over objection.” The memo further cops? At people accused of killing old ment. They are saying that because the it is fundamental to abolition throughout the US, and it will
asserted that the abolitionist movement in ladies? People accused of killing children? opposition (to abolition) is so strong, we be a primary focus for 2010 and beyond. We have begun
the US is trying to “cultivate” the support Where does it stop? It’s appalling!” should not fight. If you have that attitude, to make real progress with police officers and prosecutors
of the ultra-conservative and staunchly Heidi Boghosian, executive director of why have an abolitionist movement at speaking out against the death penalty as a failed policy.
pro-death penalty Fraternal Order of the National Lawyers Guild, an organiza- all?” In a national poll released in 2009, the nation’s police chiefs
Police (FOP), an organization representing tion that has long been in the forefront Abu-Jamal, whose death penalty was ranked the death penalty last in their priorities for effective
some 325,000 police officers in the US of the campaign to end the death penalty lifted by a federal judge in 2001, only to
crime reduction. The officers did not believe the death penalty
that advocates the execution of Abu-Ja- in the US, and which was not advised have the US Supreme Court remand that
acted as a deterrent to murder, and they rated it as one of most
mal and all other prisoners convicted of of the plan to circulate the memo on decision back to the Third Circuit, where
behalf of the US Steering Committee to it could be reimposed, and who contin- inefficient uses of taxpayer dollars in fighting crime .... “
killing of police officers. The FOP, said Death Penalty Information Center, The Death Penalty in
the memo, has “announced a boycott of the World Coalition, despite the NLG’s ues, in no small part thanks to pressure
being a member of the WCADP, roundly from the Pennsylvania FOP, to be held in 2009: Year End Report, December 18,2009. If the 4th World
organizations and individuals who support
Abu-Jamal,” and therefore anything done condemned the secret effort to silence solitary confinement on death row, where Congress gives Abu-Jamal and his lawyers the focus and
by the Congress to aid his cause would be Abu-Jamal at the March event. he maintains his innocence, calls the sign- attention proposed by ECPM, the US movement for aboli-
“Mumia Abu-Jamal’s case is emblem- ers of the memo “co-conspirators,” and tion will be exposed to a serious backlash that will directly
atic of the inherent flaws in the capital says they are “naive” to believe they can damage the delicate alliances we are building with essential
punishment system,” she said. “That he win over the FOP by abandoning him to groups. As international representatives of the US abolition
is castigated by leaders in the abolitionist his fate. movement, we cannot agree to the involvement of Abu-Jamal
movement shows precisely what is wrong “If the slavery abolitionists had taken or his lawyers in the World Congress beyond attendance.
with the system—it is a system enslaved this approach back in 1860,” he says, “and For these reasons, providing Abu-Jamal the World Congress
to the whims and personal biases of said okay let’s free the slaves, except those stage will require us to consider how to distance our programs
police, prosecutor, judge, and jury. While uppity ones with prices on their heads like in order to protect our vital alliances with our key partners
cultivating certain voices of law enforce- Harriet Tubman and Frederick Douglass,
and constituencies. To be effective ad- vocates within the US
ment may assist in efforts to achieve we’d still have slavery today.” Abu-Ja-
abolition, it should not be at the expense mal said it appeared that the abolitionist we must and will continue our strategic approach to abolition
of exposing a case that embodies some of movement appeared to have lost its way, with our core allies and our evolving partners. Featuring Mr.
the most reprehensible actions on the part and said that it needed to be broadened to Abu-Jamal’s case as ECPM has proposed presents an unac-
of the police, the district attorney and the more closely reflect the population of the ceptably high risk of fracturing a developing but still fragile
judiciary. The powerful FOP, and their nation’s death rows. where nearly every- alliance with vitally important constituencies - constituencies
heavy-handed efforts to vilify Abu-Jamal one is poor, and where 53% of the doomed that can either help our movement reach the goal of abolition
and his supporters, should not be the inmates are non-white. or severely hinder our progress.
barometer by which abolitionist leaders --Dave Lindorff is the author of [signed]
gauge their strategic priorities. Members the 2003 book “Killing Time:
of the abolitionist movement should be Elizabeth Zitrin (DPF), Renny Cushing and Kate Lowenstein
An Investigation into the Death (MVFHR), Speedy Rice (NACDL), Kristin Houle (TCADP),
working together and not further censor-
Row Case of Mumia Abu-Jamal.” Juan Matos de Juan (PRBA) 21 December 2009
Page 4 Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners!
The Campaign to End the Death Penalty
3 Responses To The Confidential Memo The Campaign to End the Death Penalty
(CEDP) is appalled by the news that several
ians of an unjust legal system that dispro-
portionately targets the poor and people of
Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners! Page 7
On the MOVE!
Photoessay on the August 8 member
watching
MOVE Nine Demonstration the Phila-
By Raptivist Capital-”X” delphia
Anti Injustice Movement/ Police
Guerrilla Republik drop that
On August 7, 2010 I embarked on a bomb on
mission with a few comrades of mine. MOVE’s
We drove 10 hours from Raleigh, house
North Carolina up to Philadelphia, live on
Pennsylvania to support fellow revolu- the news. tion. Scars covered Ramona’s arms and a 100 mile radius for not attending a
tionaries and activists that were meet- It was a long drive through the night legs from the bombing she survived, an rally, conference, festival or concert
ing on behalf of the MOVE 9. arriving in Philly at the home of yet act that was condemned by many, and that is put together by the people for
I have dedicated my life to fighting another comrade at about 4am. We that resulted in the deaths of 11 men, the people.
for prisoners rights and against all slept for a couple of hours and then women and children. Ramona Africa, Though we may have not been a mil-
injustices, and the case of the MOVE set out for the rally which was lead by after all she has withstood still till this lion strong those in attendance showed
9 is clearly an injustice. This injustice Ramona Africa, the lone survivor of very day remains on the front lines of the heart of a million. We spoke for
really strikes a chord with me because the MOVE bombing in 1985. Ramona the struggle. She is an inspiration and the voiceless in mighty roars right in
I clearly remember watching the alone made the trip worth while. She a true revolutionary that we all should the heart of downtown Philadelphia.
injustices on the MOVE Organization was strong and MOVED all in at- support. We let it be known that the fight is not
on television when I was coming up. tendance with her speeches which were I viewed the rally as a huge success. near over. Parole hearings for MOVE
When I was 14 years old I remember very heart felt by all those that were Every speaker from elders to poets, members now occur yearly so pressure
seeing the news talking about the shoot there to support her and the MOVE 9 rappers, activists, revolutionaries to the must be kept up.
out that took place in 1978 in Powelton and also by many passerby. Everyone MOVE children who were so strong I hope many that read this feel com-
Village where MOVE was located at that stopped to listen were touched by and courageous made a big impact. pelled to MOVE and do something for
the time in Philadelphia. In 1985 I re- Ramona and the many other speakers. The only thing that would have made as was spoken by one of the speakers
People not only stopped to listen, this rally a bigger success is if people at the rally, “if you don’t MOVE then
they read the information being turned out like they have been in Ari- your dead”, “you have to MOVE in life
handed out by all the protesters. zona fighting the immigration laws. If in order to be alive”.
Hearing Ramona speak was in- thousands of people would have turned Both the Anti Injustice movement
deed powerful and inspiring. One out on behalf of MOVE, our outrage and The Guerrilla Republik will
could not ignore the truth that she would not so easily fall on deaf ears. continue to fight for the release of the
spoke. Her words were undeni- If 3 of us can come out of pocket and MOVE 9 as we proceed to support all
able and one could not help but drive over 20 hours in blazing heat in those that active in the struggle for true
to see the reality of the injustices a car with no air condition there just justice. Uhuru...
inflicted on the MOVE organiza- is not any excuse for anyone within
MOVE Communique: MOVE 9 Parole Denials Please Contact The Parole Board For The MOVE 9 Deafening Silence
PA. Board Of Probation And Parole/ Central Office; Riverfront Office Center; 1101 South
ONA MOVE AND LONG LIVE the parole board also cannot explain Front Street; Harrisburg, PA. 17104; Phone # (717) 787-5699 By Chuck Africa
JOHN AFRICA’S REVOLUTION! giving Janet Africa a 3 year setback RE: Debbie Sims Africa #006307, Janet Holloway Africa #006308, Janine Phillips Africa Don’t ya’ll hear cries of
when there was never any evidence #006309, Michael Davis Africa #AM-4973, Charles Sims Africa #AM-4975, William Phillips anguish?
August 8, 2010 marks thirty-two that Janet or any of the MOVE Africa #AM-4984, Delbert Orr Africa #AM-4985, and Edward Goodman Africa #AM-4974
years of unjust imprisonment for women did anything on Aug. 8th, Dear [Parole Board Member], an order barring the city from destroying In the climate of pain
the MOVE 9. Each of the MOVE except hold babies, while giving the house, but this order was violated. come joining voices?
9 was sentenced to 30 to 100 years Delbert Africa a 1 year setback Please parole Chuck, Debbie, Delbert, In a preliminary hearing on a Motion to
for a murder they did not commit. when cops beat Delbert almost to Eddie, Janet, Janine, Mike, and Phil Dismiss, MOVE unsuccessfully argued But voices become
After serving their 30 year minimum death on Aug. 8th, implying that Africa. They have not caused any major that destroying their home had prevented unheard and strained by
sentence in 2008, our family mem- he was threatening. This is a clear disciplinary problems during the past them from proving that it was physically inactions
bers were interviewed by the parole example of the parole board carrying three decades. They have spent most of impossible for MOVE to have shot Ramp.
Of dead brains
board, denied parole and each given on the railroad of our family that their lives in prison; please allow them to --Yet, other supporters of parole cite
a 1 year setback. This means that started back in 1978. be a part of, and contribute to, society as the average 10-15 year sentence given for How long will thou Philly
they would not see the parole board The parole board denied The free citizens. third-degree murder. MOVE prisoners soul remain in the pit of
again for 1 year. MOVE 9 parole three times because There are many around the world, who have now served 2-3 times this sentence. agonizing apathy?
Our family saw the parole board they won’t lie and say they’re guilty, have different reasons for supporting Isn’t 33 years enough? They’ve already
again in 2009 and they each got they call it “taking responsibil- parole for these eight prisoners. Among paid a terrible price for what happened on Indifference seems to
another 1 year setback except Eddie, ity”. In the mid eighties through these reasons are that: that day. greet you like the morn-
who received a 2 years for no appar- the early nineties, the parole board --The sentencing judge stated publicly Lastly, We are concerned about optional ing mirror
ent reason. refused to parole MOVE people if that he did not have the faintest idea who stipulations that the Parole Board may re-
Look closely in the
This year, 2010, five MOVE fam- we wouldn’t agree to their “special shot the one bullet that killed Officer quire, which we feel are unfair, and which
mirror and realize it’s a
ily members have had their parole condition” that we sever all ties Ramp. Nine people cannot fire one bullet. many legal scholars argue are a violation period of mourning….
board interviews and have again with our MOVE family and have no --Many supporters of parole feel that of First-Amendment rights. In the past, as
been denied parole. Debbie Africa contact with them at all. We would Officer Ramp was actually shot by police a condition for parole, MOVE prisoners My Sistas, mothers,
got a 1 year setback; Janine Africa not agree, we stood firm and it is the “friendly fire,” because it would have have unfairly been required to renounce daughters, wives and
got a 2 year setback; Janet Africa got parole board that had to give ground. been ballistically impossible for MOVE MOVE and their deeply held religious warriors
a 3 year setback; Mike Africa got an That “special condition” was an to have shot Ramp, who was across the beliefs.
18 month setback and Delbert Africa illegal attempt to break MOVE, the street from MOVE’s house. These sup- We are also concerned about two other Languish in prisons ob-
got a 1year setback (Chuck and Phil same applies to this demand that porters believe that because of MOVE’s possible stipulations. scurity like a distant star
see the parole board later this year MOVE “take responsibility” for position in the basement, bullets coming First is the ”taking responsibility” stipu- in the galaxies as does
their brothers
and Eddie doesn’t see the parole something we didn’t do and say from there would have had an upward lation, which basically asks a prisoner to
board until next year). we’re guilty. It is crystal clear that trajectory, yet the medical examiner testi- admit guilt in order to be granted parole. We need to be free….
Before speaking to the issue of pa- parole board officials have absolute- fied that the bullet entered Ramp’s “chest These eight MOVE prisoners have always
role, it should be clearly understood ly no interest in justice or their own from in front and coursed horizontally maintained their innocence, so it is unfair How loud can you stay
that our MOVE family is innocent legality, particularly when it comes without deviation up or down.” Even the to require this of them. silence?
and have spent 32 years in prison to people like MOVEthat refuse to authenticity of official ballistics are in Second is the ”serious nature of of-
when they should never have gone accept injustice and confront these dispute. At a pre-trial hearing, in open fense” stipulation. MOVE spokesperson Have the courage to
to prison in the first place. officials on their wrong-doing. court, the Judge allowed the prosecutor to Ramona Africa feels that this is illegal stand up and have a
What the parole board needs to What they’re doing to MOVE, and literally use a pencil and eraser to change “because the judge took this into consid- say,
explain is how they can increase countless other prisoners, is contrary the medical examiner’s report to conform eration and when the sentence was issued,
Choose resistance and
these setbacks (for example, from to their legality and the principle of with the medical examiner’s testimony it meant that barring any misconduct, let go of your fears.
1 year to three years) with no le- justice. We will never stop fighting about the bullet’s trajectory. problems, new charges, etc. this prisoner
gitimate cause. Absolutely nothing against wrong and confronting this This theory about the bullet’s trajec- was to be released on their minimum. To The history of injustice
changed between the first setback rotten system, whether it’s on a tory could have been tested, but MOVE’s deny that is basically a re-sentence.” to MOVE; we all know
and this third one. There have prison block or a street block. house was illegally demolished that very Please do not require these optional so well
been no misconducts, no fights, no day, and police did nothing to preserve stipulations.
withdrawal of prison recommenda-
Contact us: 215 387-4107, the crime scene, inscribe chalk marks, We do ask that you please grant parole But your deafening
tions for parole, nothing. The parole www.onamove.com or or measure ballistics angles. A few days to these eight prisoners so that, after 33 silence could be my
board cannot explain these setbacks, onamovellja@aol.com before, a Philadelphia judge had signed years, they can go home to their families. DEATH KNELL.
Page 8 Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners!
CONTINUED FROM FRONT PAGE...
What made the case “un-prosecutable” to
Why May 13, 1985 Was An Act of Murder
the judge and DA was who the killers were, as On May 13, 1985, a State Police helicopter who died in the incident, were
well as the identity of the killed. dropped a C-4 bomb, illegally supplied by the awarded a total of $1 million.
For the killers were cops (who donate thou- FBI, on the roof of the MOVE Organization’s Another $1.7 million was
sands of dollars to their campaigns): and the house at 6221 Osage Ave. in West Philadel- paid to Birdie Africa, now
killed were mostly Black, all money-poor, and phia. The bomb started a fire that was allowed Michael Moses Ward.
members of the MOVE Organization. to burn, and eventually destroyed 61 homes, The jury ordered that Ramo-
So much for “equal justice under the law”! leaving 250 people homeless: the entire block na also receive $1 per week
Ramona Africa, the sole adult survivor of the of a middle-class black community. for 11 years directly from
Mother’s Day Massacre (May 13, 1985), spent When the occupants of the house tried to Sambor and Richmond, but
7 years in prison for surviving the bombing; escape the fire, police shot at them. At the end this was overruled by Judge
and when she argued to her jury that police and of the day, six MOVE adults and five children Louis Pollack on grounds
the politicians that commanded them should be died. Ramona Africa and 13 year-old Birdie that the two had not shown
on trial for bombing MOVE people, the pros- Africa were the only survivors, after success- “willful misconduct,” and
ecutor told jurors not to worry about that, for fully dodging police gunfire. were therefore immune from
other judges and juries would determine their financial liability.
The Philadelphia Special Investigation Com- Photo: May 13, 1985. The fire would burn down the city block.
fates, on other dates, in other courtrooms.
mission (The MOVE Commission) appointed “a conservative and safe approach to what I
It’s been 25 years, and except for Ramona
by Mayor Wilson Goode recognized the racial The Morning Assault
Africa, no one even remotely connected with perceived as a tactical necessity.”
implications of the massacre, writing that the At 5:35 AM, on May 13, after evacuating
this carnage, has ever seen the inside of a In 1986, The MOVE Commission concluded
day’s many horrifying decisions, such as “the the neighbors, Police Commissioner Sambor
prison cell. that “dropping a bomb on an occupied row
use of high explosives, and in a 90 minute declared on the bullhorn: “Attention, MOVE!
And now this new, offensive ‘ruling’: “Sorry, house was unconscionable and should have
period, the firing of at least 10,000 rounds of This is America! You have to abide by the laws
too late.” been rejected out of hand by the mayor, the
ammunition at the house; to sanction the drop- of the United States,” and gave them fifteen
As ever, MOVE will rumble on. managing director, the police commissioner
ping of a bomb on an occupied row house; and minutes to surrender.
(c) ‘10 maj to let a fire burn in a row house occupied by and the fire commissioner.”
After the fifteen-minute deadline passed,
children, would not likely have been made had several “squirt gun” fire-hoses were directed The Commission also reported that “in Jan.,
the MOVE house and its occupants been situ- at the bunker on MOVE’s roof, in an attempt 1985, an agent of the FBI delivered nearly
ated in a comparable white neighborhood.” to dislodge it. At 5:53, police tear-gassed the 38 pounds of C-4, a powerful military plastic
The Commission concluded that the deaths front and rear of the house, creating a smoke- explosive, to the Phila. Police bomb squad.
of the five MOVE children “appeared to screen. Police then sent bomb squads to enter Delivery of this amount of C-4 to any police
be unjustified homicides which should be the row houses on either side of the building. force without restrictions as to its use is inap-
investigated by a grand jury” (outrageously, propriate. Neither agency kept any records of
While the bomb squads entered, gunfire the transaction. The FBI agent told the Com-
the Commission did not similarly criticize erupted, and in the next 90 minutes, police
the murder of the MOVE adults). However, mission that he ‘never had to keep any kind of
used over 10,000 rounds of ammunition, in- records or anything’ regarding C-4. Nor did
two subsequent grand juries refused to press cluding 4,500 rounds from M-16s; 1,500 from
charges against any city or police official for the bomb squad keep any delivery, inventory
Uzis; and 2,240 from M-60 machine guns. or use of the C-4, or any other explosives
murder or any other wrongdoing. In contrast, Simultaneously, the two bomb squads repeat-
Ramona Africa spent seven years in prison. under their control…Because of the absence
edly detonated explosives in the side walls, of record keeping by the FBI and the Phila.
As Mumia writes in our cover story, MOVE and then blew off the front of the house. Police Department, all the facts of the use of
continues to seek murder charges against po- Sambor later attempted to justify police C-4 on May 13 may never be known.”
lice and city officials for the May 13 massacre. gunfire by saying that police had responded to
We present the following points that together automatic gunfire from MOVE. However, the “Fire As A Tactical Weapon”
make an undeniable case for why murder only weapons found in MOVE’s house were
charges are needed: The arrest warrants; The fire was initially relatively small, but it
two pistols, a shotgun, and a .22 caliber rifle: was deliberately allowed to grow until it was
The morning assault; Refusing to negotiate; no automatic weapons. Sambor was unable to
Dropping the C-4 bomb; “Fire as a tactical eventually so large and powerful that it burned
explain this contradiction when challenged by down the entire city block.
weapon”; Police shoot at fleeing occupants. the MOVE Commission.
According to Mayor Goode, he first learned
The Legalization of Murder The MOVE Commission wrote that “the of the fire “at about ten minutes of six,” at
firing of over 10,000 rounds of ammunition in which point he contacted Managing Director
Following the Aug. 8, 1978 police assault under 90 minutes at a row house containing
that resulted in the shooting death of Officer Brooks, and ordered that the fire be stopped.
children was clearly excessive and unreason- On behalf of Goode, Brooks told Police Com-
James Ramp and the imprisonment of the able. The failure of those responsible for the
MOVE 9, MOVE headquarters shifted to 6221 missioner Sambor over the phone to extinguish
firing to control or stop such an excessive the fire, but upon discussing it, Sambor and
Osage Avenue, in a middle-class black neigh- amount of force was unconscionable.”
borhood. MOVE continually demanded an of- Fire Commissioner William Richmond decid-
ficial investigation into the 1978 confrontation ed to continue to let it burn. Richmond would
Goode Refuses to Negotiate later claim that Sambor did not tell Richmond
and the convictions of the MOVE 9.
After 90 minutes, the police ran out of am- about Goode’s order. However, Sambor denied
Many of MOVE’s neighbors complained to munition and had to get more from the armory. this and said that he did indeed tell Richmond.
the city about MOVE’s use of a loudspeaker to and a quiet afternoon standstill began.
air their own grievances with the city. Along In defense of his decision, Richmond said
with sanitation complaints, the neighbors also According to Philadelphia Tribune colum- that he let the fire burn because of danger
expressed concern about a bunker built above nist and Temple University Professor Linn from alleged MOVE gunfire, stating: “we
the house, which MOVE had built to defend Washington, Jr., MOVE member Jerry Africa, regret what happened, but we are not going
themselves from another military-style police who wasn’t in the house, attempted to negoti- home with any firefighters with bullet wounds
assault on their home similar to Aug. 8, 1978. ate with Mayor Goode during the afternoon tonight, and I thank God for that.”
standstill. He wanted to tell Goode that MOVE Challenging Richmond’s argument, the
Officially in response to these sanitation and would disengage from the confrontation if
noise complaints from neighbors, Philadelphia MOVE Commission cited the use of the water
Goode would agree to an investigation of the cannons for hours earlier in the day, at times
mayor, Wilson Goode, held a meeting with Aug. 8, 1978-related MOVE convictions.
Managing Director Leo A. Brooks and Police alongside police gunfire. Even later in the day,
Commissioner Gregore Sambor, District At- Jerry Africa was supported and accompanied the Commission notes that “from 5:20 to 5:25
torney Ed Rendell, and others, where he first by civil rights activist Randolph Means and P.M. the ‘squrts’ [water cannons] were turned
authorized Sambor to prepare and execute a former Common Pleas Court Judge Robert on to protect the helicopter which was prepar-
tactical plan under the supervision of Brooks, Williams, who at the time was the Democratic ing to drop the bomb [at 5:27],” and since
allegedly to solve the neighborhood dispute. Party’s nominee for Phila. District Attorney. firefighters were safe at that time, the fire could
According to Washington, the three of them re- have been extinguished “without exposing
On May 11, Judge Lynn Abraham approved peatedly tried to call Goode on the telephone, police or firefighters to any possible danger.”
DA Rendell’s requested emergency arrest and but he would not take their call. Instead,
search warrants for four MOVE members on The Commission concluded that the decision
Goode declared at a press conference that “to let the fire burn constituted the use of fire
charges of disorderly conduct and terroristic afternoon that he was now ready “to seize con-
threats, based upon statements MOVE made as a tactical weapon” that “should have been
trol of the house…by any means necessary.” rejected out-of-hand. That it was not rejected
on their loudspeaker two weeks earlier, where,
among other things, they stated that they’d Notably, Washington filed this story with the cannot be justified under any circumstances.”
defend themselves from a police attack. The Philadelphia Daily News, who he worked
for at the time, but it was not published. Police Shoot at Occupants
The legitimacy of these arrest warrants was Today, Ramona Africa recalls escaping from
revealed during Ramona Africa’s later trial, Dropping the C-4 Bomb the fire on May 13: “We opened the door and
when all charges listed on her arrest warrant started to yell that we were coming out with
were dismissed by the judge. Ramona says that At 5:00 pm, Managing Director Brooks tele-
phoned Mayor Goode and said that Sambor, the kids. The kids were hollering too. We
“this means that they had no valid reason to know they heard us but the instant we were
even be out there, but they did not dismiss the in Goode’s words, wanted to “blow the bunker
off and to blow a hole in the roof and to put visible in the doorway, they opened fire. You
charges placed on me as a result of what hap- could hear the bullets hitting all around the
pened after they came out.” tear-gas and water in through that process.”
Goode’s response: “Okay. Keep me posted.” garage area. They deliberately took aim and
Charged with conspiracy, riot, and multiple shot at us. Anybody can see that their aim,
counts of simple and aggravated assault, At 5:27 pm, a State Police helicopter very simply, was to kill MOVE people—not to
Ramona Africa served the entirety of her 16- dropped a C-4 bomb on MOVE’s roof, which arrest anybody.”
month to 7-year sentence after she was repeat- exploded and started a fire on the roof.
Birdie later supported Ramona’s account of
edly denied parole for not renouncing MOVE. Challenged at a press conference later that police gunfire when he testified that the chil-
Concluding Ramona’s 1986 trial, presiding week, Goode was unable to offer a straight dren and remaining adults tried several times
judge Michael R. Stiles told the jurors not to answer: “If…someone called on the telephone to escape the burning house, but were driven
consider any wrongdoing by police and city and said to me ‘We’re going to drop a bomb back by police gunfire, before he and Ramona
officials, because they would be held account- on a house;’ would I approve that? The answer successfully dodged gunfire and escaped.
able in “other” proceedings. However, no is no. What was said to me was that they were
going to use an explosive device to blow the Despite official police statements deny-
official has ever faced criminal charges. ing the shooting, The MOVE Commission
bunker off the top of the house.”
In 1996, Ramona successfully sued the City confirmed Ramona and Birdie’s accounts, con-
Afterwards, Sambor continued to defend the
3 Photos from the Philadelphia events organized by of Philadelphia and was awarded $500,000 for cluding that “police gunfire prevented some
MOVE and supporters in May, 2010, commemorat- pain, suffering, and injuries. Relatives of John
decision to drop the bomb, telling the MOVE occupants of 6221 Osage Ave. from escaping
ing the 1985 massacre. Photo by Joe Piette, WW. Africa and his nephew Frank James Africa, Commission that he thought the bombing was from the burning house to the rear alley.”
Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners! Page 9
COINTELPRO and the Assassination of Fred Hampton
Reviewed: The Assassination of Fred a search warrant, looking for weapons, but The joint-civil suit was assigned
Hampton: How the FBI and the Chicago suspiciously did not arrive at 8pm the night to a right-wing judge named Joseph
Police Murdered a Black Panther, by Jef- before when they knew the apartment was Sam Parry, who threw out their entire
frey Haas, Lawrence Hill Books, 2010. empty. Following the attack, Hanrahan and complaint on February 3, 1972. They
police publicly claimed to have been under appealed to the Seventh Circuit Court
On the morning of Dec. 4, 1969, lawyer Jef- heavy fire from the Panthers, and that Panthers and on August 4, 1973, the Court over-
frey Haas received a call from his partner at the had first fired on them through the front door. turned Parry, and sent it back for a new
People’s Law Office, informing him that early The actual evidence at the crime scene proved trial. Unfortunately, they were unable
that morning Chicago police raided the apart- otherwise, so Panthers and supporters immedi- to get a new judge, and throughout the
ment of Illinois Black Panther Party Chairman ately mobilized to expose the police lies. subsequent 18-month trial, Parry was
Fred Hampton at 2337 West Monroe Street Hampton’s apartment had been left unguard- extremely biased and blocked all kinds
in Chicago. Tragically, Hampton and fellow ed, so the Panthers went inside to examine of testimony and evidence from being
Panther Mark Clark had both been shot dead, the scene alongside videographers who later entered into the record. The jury was
and four other Panthers in the apartment had released their footage in the 1971 documentary deadlocked, but instead of declaring a
critical gunshot wounds. Police were uninjured film entitled The Murder of Fred Hampton. mistrial, Parry himself ruled to dismiss
and had fired their guns 90-99 times. In sharp The apartment was opened to the public, and the case entirely. Haas and PLO’s sub-
contrast, the Panthers had shot once, from the the media was urged to come and see for them- sequent appeal of Parry’s ruling to the
shotgun held by Clark, which had most likely selves that there was only one bullet in the wall Seventh Circuit was successful, and the
been fired after Clark had been fatally shot in (from Mark Clark’s shotgun) that could have case was sent back down to the district
the heart and was falling to the ground. been fired from the direction the Panthers were court for a new trial. Fortunately, this
Haas went straight to the police station to facing towards the front door. In contrast, there time they got a new judge, who urged
speak with Hampton’s fiancée, Deborah John- were 90-99 bullets in the walls that had been the defendants to make a settlement
son, who was then eight months pregnant with shot inward from the direction of the front door before starting a new trial. Finally, on
Hampton’s son. She had been sleeping in bed where police entered. February 28, 1983, the settlement was
next to Hampton when the police attacked and A county grand jury indicted each of the made, and Hampton et al. received $1.85
began shooting into the apartment and towards seven Panther survivors for attempted murder, million from the city, county, and federal
the bedroom where they were sleeping. Mi- armed violence, and other weapons charges, governments.
As part of their civil rights lawsuit, they filed
raculously, Johnson had not been shot, but her but all these charges would later be dropped.
numerous motions requesting all FBI files
account given to Haas was chilling. Hanrahan and police were first exonerated COINTELPRO and Fred Hampton
relating to the Illinois Panthers and COINTEL-
Throughout the assault Hampton had re- from any misconduct by the police Internal The FBI’s top-secret and illegal counterin- PRO. After repeated attempts by the defen-
mained unconscious (strong evidence emerged Investigations Division. Next, a coroner’s in- telligence program dubbed “COINTELPRO” dants and Judge Parry to cover up the FBI role,
later that a paid FBI informant had given quest found Hampton and Clark’s deaths were became public after a 1971 break-in to the FBI eventually a few explosive documents were
Hampton a sedative that prevented him from “justifiable homicide.” A federal grand jury, office in Media, Pennsylvania by unknown made available.
waking up) and after police forced Johnson out led by deputy attorney general Jerris Leonard antiwar activists. These activists discovered One document showed a drawing made by
of the bedroom, two officers entered the room investigated whether Hanrahan and police had these explosive documents that revealed an the FBI’s paid informant, William O’Neal,
where Hampton still lay unconscious. Johnson violated the civil rights of the Panthers inside FBI war on the civil rights and later Black which provided the floor plan of Hampton’s
heard one officer ask, “Is he still alive?” After 2337 West Monroe Street. However, in May liberation movements, and quickly made them apartment. The FBI had supplied this diagram
two gunshots were fired inside the room, the 1970, the federal grand jury issued a 132-page public. Among these liberated files was a to prosecutor Edward Hanrahan before he led
other officer said, “He’s good and dead now.” report, but no indictments. Furthermore, Haas March 3, 1968 COINTELPRO memo discuss- the raid several days later. Following the raid,
Jeffrey Haas’ account of this conversation writes that the report “never sought to deter- ing the urgent need to prevent “the beginning the FBI paid O’Neal a special bonus to thank
with Johnson jumps right out from the inside mine who fired the fatal shots, where they were of a true black revolution.” Among several of
him for providing the diagram.
cover of his new book entitled The Assassina- from, or whether they were fired deliberately the program’s goals was to “prevent the rise Another document surfaced showing that
tion of Fred Hampton: How the FBI and the to murder Fred.” Following public pressure, of a ‘messiah’ who could unify, and electrify, the FBI had made a deal with deputy attor-
Chicago Police Murdered a Black Panther. in June 1970 a special prosecutor, Barnabas the militant black nationalist movement”. This ney general Jerris Leonard, who led the 1970
In this new book, Haas gives his personal Sears, was appointed by Cook County’s Chief “Black Nationalist-Hate Groups” memo refers federal grand jury investigation. In an effort
account of defending the Panther survivors of Criminal Court Judge Joseph Power. In July to Martin Luther King (long a target of the to conceal the FBI’s role and the still-secret
the Dec. 4 police assault against the criminal 1972, this criminal trial for conspiracy to FBI) as a potential “messiah” of the suppos- COINTELPRO, they decided that the criminal
charges that were later dropped, and of filing obstruct justice began before Judge Philip edly hateful and “violent” Black liberation charges would be dropped against the seven
a civil rights lawsuit, Hampton v. Hanrahan, Romiti. In November movement. Panther survivors, and in exchange the federal
on behalf of the survivors and the families of that year, all defendants This same document stated: grand jury would rule in favor of Hanrahan and
Mark Clark and Fred Hampton. The civil rights were found not guilty. “Through counterintelligence the police raiders.
lawsuit lasted for almost 13 years, but ended After the federal grand it should be possible to pin- A third explosive document showed a fake
with a $1.85 million settlement paid equally by jury’s ruling in May point potential troublemakers letter sent to Jeff Fort, the leader of the Black-
the city, county, and federal governments. 1970 that exonerated and neutralize them.” Another stone Rangers, which accused the Panthers
Hanrahan and others, stated goal was “to prevent the of planning a “hit” on Fort. The FBI hoped
they decided to file the long-range growth of militant
The Assassination of Fred Hampton that the fake letter would incite Fort and the
civil rights lawsuit. At black nationalist organiza-
An autopsy conducted on Hampton by a doc- Rangers to “take retaliatory action” against
the meeting where the tions, especially among youth.
tor hired by Haas and the People’s Law Office Hampton and the Panthers.
lawyers, December 4 Specific tactics to prevent
(PLO) confirmed Deborah Johnson’s account As this new documentation emerged, the
survivors, and family these groups from converting
about Hampton being shot twice after she FBI was added to the list of defendants for the
members of Hampton young people must be devel-
was forced out of the bedroom. Haas reports civil rights lawsuit, and making the FBI pay
and Clark made their oped.” One specific tactical
that autopsy “found that both head wounds 1/3 of the $1.85 million was a key part of the
decision, Clark’s mother approach was expressed in
came from the top right side of the head in a settlement.
Fannie expressed how an April 3, 1968 communi-
downward direction...They were consistent
with two shots to the head at point blank range.
they all were feeling, que arguing that “The Negro They Got Away With Murder
saying “We can’t just do youth and moderates must Certainly, the $1.85 million lawsuit was only
The downward angles of the bullets were
nothing. Mark and Fred be made to understand that if a partial victory. Money can’t replace the lives
inconsistent with the horizontal shots that came
should still be alive. they succumb to revolutionary of Hampton and Clark, or heal the gunshot
through the wall from the front.” Other than
I want to bring their Fred Hampton Jr., the Chairman of the teaching, they will be dead injuries that several of the survivors still suf-
these fatal bullet holes, the only physical marks
killers to trial.” Reflect- Prisoners of Conscience Committee revolutionaries.” fer from today. Furthermore, it is painful to
on Fred were a bullet found embedded in the
ing back, Haas explains and an active supporter of Mumia Abu- In terms of scale, the FBI’s accept that none of the conspirators were ever
exterior of his shoulder and a graze wound in
why the lawsuit was an Jamal, speaks in Philadelphia on April war of repression against the convicted of any criminal charges, nor were
his leg. In two separate tests that were part of 24, 2009. Photo by Joe Piette, WW.
important legal strategy Black liberation movement of they forced to pay for the settlement out of
this same autopsy a high dosage of the bar-
as well. “In civil cases, extensive discovery the 1960s and 1970s was greatest against the their own pockets. However, the scale of vic-
biturate Seconal was found--enough to make
is allowed. We could get to cross-examine Panthers. In addressing why the Panthers were tory should not be judged by the money alone.
Hampton unconscious or very drowsy.
all the defendants under oath at depositions, targeted so intensely by COINTELPRO, Noam On the last page of the book, Haas describes
On Dec. 4, Cook County prosecutor Edward
with court reporters recording what they said. Chomsky wrote in 1973: “A top secret Special a 2008 visit with Iberia Hampton shortly after
Hanrahan and 14 Chicago police officers
The contradictions between Hanrahan’s and Report for the president in June 1970 gives her husband Francis had passed away. He
assigned to Hanrahan had been armed with
the raiders’ account, and the physical evi- some insight into the motivations for the ac- asked her “after all these years, what do you
shotguns, handguns, and a .45 caliber machine
dence made the prospect of confronting the tions undertaken by the government to destroy think our lawsuit proved?” Without hesitation
gun. The raiders were officially carrying out
defendants a trial lawyer’s the Black Panther Party. The report describes Iberia replied, “They got away with murder.”
dream. We needed to write the party as ‘the most active and dangerous Indeed, they did get away with murder. In
the complaint to combine the black extremist group in the United States.’ Its this context, the victorious civil rights lawsuit
claims of the survivors and ‘hard core members’ were estimated at 800, has been used to further expose and document
the deceased into one lawsuit but ‘a recent poll indicates that approximately this stark injustice. Many COINTELPRO files
against all the perpetrators. 25 percent of the black population has a great were made public because of the lawsuit, and
The legal construct we had respect for the BPP, including 43 percent of the numerous conspirators were put under
found was to charge all the blacks under 21 years of age.’ On the basis of some scrutiny for the public to see.
actors in a conspiracy to act such estimates of the potential of the party, Today, if we learn anything from this story,
together. That way we com- the repressive apparatus of the state proceeded it’s that we should have no illusions about how
bined Hanrahan, [Hanrahan’s against it to ensure that it did not succeed in far the government is willing to go in repress-
assistant, Richard] Jalovec, organizing as a substantial social or political ing dissent and then covering it up. Also, the
the fourteen raiders, the crime force.” courtroom victory that was fought against all
lab people, and those who When these liberated COINTELPRO files odds should inspire activists today who are
falsified the investigation. became public, Haas, PLO, and his Panther working around issues of state repression and
In May of 1970 we filed our clients immediately suspected that the Dec. 4 political prisoners. We can win, and we should
complaint. We had no idea we police raid had been part of this program, and never give up the fight.
were embarking on a 13-year that the FBI had viewed Hampton as a poten-
With satisfied grins reminiscent of those on the faces of white mobs in historic --This is a shortened version of an article first
battle,” writes Haas. tial “messiah,” who needed to be “neutralized.”
photos of US lynchings, the Chicago police carry away Fred Hampton’s body. published by www.Toward Freedom.com
Page 10 Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners!
Ehehosi, was shot in the face. Her bodyguard
James Forbes holds 2 guns in his bare-hand, destroying possi- Robert Chobert testified that he was parked behind Faulkner’s Officer Faulkner’s hat is first on the roof of Billy Cook’s VW car, but
ble ballistics evidence. See the 2 triggers in the enlarged circle. car, the back end of which is on the right side of the photo. would later be moved to the ground for the official police photos.
Asked about this photo by National Public Radio on Dec. 11, However, the area behind it is clearly empty, showing that Lawyer Robert R. Bryan says that “their moving the police officer’s
2007, Maueen Faulkner (Daniel Faulkner’s widow) stated: “At Chobert was not parked where he claimed to be. As described hat from the roof of Billy Cook’s vehicle to the sidewalk to make
that time, I’m sure the evidence was somewhat contaminated.” above, there are also many other reasons to doubt Chobert. the scene more emotionally dramatic was fraudulent and criminal.”
Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners! Page 13
CONTINUED FROM PAGE 13... but after he had the scene. Accord- could ever check the facts! Finally, the Ruth
Photo 4: The Missing Taxi – Prosecution identified Abu-Ja- ingly, following the Ray listed on the death certificate as the mother
witness Robert Chobert testified that he was mal at the scene, he 1982 trial, Jones only of the deceased Cynthia Williams has given a
parked directly behind Faulkner’s car, but the said the shooter had received probation and sworn statement to the defense that she is not
space is empty in the photo. run away 30 to 35 was never imprisoned the mother of either Cynthia White or Cynthia
The Missing Divots – In all of Polakoff’s “steps” before he for the charges against Williams.” Dave Lindorff reports further that
photos of the sidewalk where Faulkner was was caught. At trial, her. the listing of deaths by social security number
found, there are no large bullet divots, or Chobert changed During the 1996 for 1992 and later years does not include
destroyed chunks of cement, which should be this distance to 10 cross-examination, the White’s number.
visible in the pavement if the prosecution sce- “feet,” which was DA announced that
nario was accurate, according to which Abu- closer to the official there was an outstand- #5: Officer Gary Wakshul’s
Jamal shot down at Faulkner - and allegedly police account that ing arrest warrant for Testimony Blocked
missed several times - while Faulkner was on Abu-Jamal was Jones on charges of
his back. Also citing the official police photo, found just a few feet
Washington, DC, April 26, 2010. Photo by Joe Piette, Workers World
writing a bad check, and On the final day of testimony, Abu-Jamal’s
Michael Schiffmann writes: “It is thus no ques- away from Officer Faulkner. that she would be arrested after concluding her lawyer discovered Police Officer Gary
tion any more whether the scenario presented Nevertheless, Chobert did stick to a few testimony. With tears pouring down her face, Wakshul’s official statement in the police
by the prosecution at Abu-Jamal’s trial is true, statements in his trial testimony that contra- Jones declared: “This is not going to change report from the morning of Dec. 9, 1981. After
because it is physically impossible.” dicted the prosecution’s scenario. For example, my testimony!” Despite objections from the riding with Abu-Jamal to the hospital and
Pedro P. Polakoff was a Philadelphia free- Chobert declared that he did not see the ap- defense, Sabo allowed police to handcuff and guarding him until treatment for his gunshot
lance photographer who reports having arrived parently unrelated Ford car that, according to arrest Jones in the courtroom. While the DA wound, Wakshul reported: “the negro male
at the crime scene about 12 minutes after the official reports, was parked in front of Billy attempted to use this arrest to discredit Jones, made no comment.” This statement contradict-
shooting was first reported on police radio, Cook’s VW. Chobert also claimed that the her determination in the face of intimidation ed the trial testimony of prosecution witnesses
and at least 10 minutes before the Mobile altercation happened behind Cook’s VW (it may, arguably, have made her testimony more Gary Bell (a police officer) and Priscilla Dur-
Crime Detection Unit that handles crime scene officially happened in front of Cook’s VW), credible. Outraged by Jones’ treatment, even ham (a hospital security guard), who testified
forensics and photographs. In Schiffmann’s that Chobert did not see Abu-Jamal get shot or the Philadelphia Daily News, certainly no fan that they had heard Abu-Jamal confess to the
interview with him, Polakoff recounted that see Officer Faulkner fire his gun, and that the of Abu-Jamal, reported: “Such heavy-handed shooting, while Abu-Jamal was awaiting treat-
“all the officers present expressed the firm shooter was “heavyset”—estimating 200-225 tactics can only confirm suspicions that the ment at the hospital.
conviction that Abu-Jamal had been the pas- lbs (Abu-Jamal weighed 170 lbs). court is incapable of giving Abu-Jamal a fair When the defense immediately sought to call
senger in Billy Cook’s VW and had fired and In his 2003 book Killing Time, Dave Lin- hearing. Sabo has long since abandoned any Wakshul as a witness, the DA reported that
killed Faulkner by a single shot fired from the dorff wrote about two other problems with pretense of fairness.” he was on vacation. Judge Sabo denied the
passenger seat of the car.” Polakoff bases this Chobert’s account. While being so legally Jones’ account was given further credibility defense request to locate him for testimony, on
on police statements made to him directly, and vulnerable, why would Chobert have parked a year later. At the 1997 PCRA hearing, former grounds that it was too late in the trial to even
from his having overheard their conversations. directly behind a police car? Why would he prostitute Pamela Jenkins testified that police take a short recess so that the defense could
Polakoff states that this early police opinion have left his car and approached the scene, if in had tried pressuring her to falsely testify that attempt to locate Wakshul. Consequently, the
was apparently the result of their interviews fact, the shooter were still there? Lindorff sug- she saw Abu-Jamal shoot Faulkner. jury never heard from Wakshul, nor about his
of three other witnesses who were still present gests that “at the time of the incident, Chobert In addition, Jenkins testified that in late 1981, contradictory written report. When an outraged
at the crime scene: a parking lot attendant, a might not have thought that the man slumped Cynthia White (whom Jenkins knew as a fel- Abu-Jamal protested, Judge Sabo replied: “You
drug-addicted woman, and another woman. on the curb was the shooter,” because “in his low police informant) told Jenkins that she was and your attorney goofed.”
None of those eyewitnesses, however, have initial Dec. 9 statement to police investigators, also being pressured to testify against Abu-Ja- Wakshul’s report from December 9, 1981 is
appeared in any report presented to the courts Chobert had said that he saw ‘another man’ mal, and that she was afraid for her life. just one of the many reasons cited by Am-
by the police or the prosecution. who ‘ran away’…He claimed in his statement As part of a 1995 federal probe of Phila- nesty International for their conclusion that
It is undisputed that Abu-Jamal approached that police stopped that man, but that he didn’t delphia police corruption, Officers Thomas Bell’s and Durham’s trial testimonies were
from across the street, and was not the pas- see him later.” Therefore, “if Chobert did think F. Ryan and John D. Baird were convicted not credible. There are many other problems
senger in Billy Cook’s car. Schiffmann argues he saw the shooter run away, it might well of paying Jenkins to falsely testify that she that merit a closer look if we are to determine
that Polakoff’s personal account strengthens explain why he would have felt safe walking had bought drugs from a Temple University how important Wakshul’s 1982 trial testimony
the argument that the actual shooter was Billy up to the scene of the shooting as he said he student. Jenkins’ 1995 testimony in this probe, could have been.
Cook’s passenger Kenneth Freeman, who did, before the arrival of police.” helped to convict Ryan, Baird, and other The alleged “hospital confession,” in which
Schiffmann postulates, fled the scene before officers, and also to dismiss several dozen Abu-Jamal reportedly shouted, “I shot the
motherf***er and I hope he dies,” was first
police arrived. #4: The Attempts to Silence drug convictions. At the 1997 PCRA hearing, officially reported to police over two months
Witness Veronica Jones Jenkins testified that this same Thomas F. Ryan
after the shooting, by hospital guards Priscilla
#3: Robert Chobert’s Legal was one of the officers who attempted to have
Veronica Jones was working as a prostitute at her lie about Abu-Jamal. Durham and James LeGrand (February 9,
Status Withheld From Jury the crime scene on December 9, 1981. She first 1982), police officer Gary Wakshul (February
More recently, a 2002 affidavit by former
At prosecutor Joseph McGill’s request, Judge told police on December 15, 1981 that she had sex worker Yvette Williams described police 11), officer Gary Bell (February 25), and of-
Albert Sabo blocked Abu-Jamal’s defense seen two men “jogging” away from the scene coercion of Cynthia White. The affidavit reads: ficer Thomas M. Bray (March1). Of these five,
from telling the 1982 jury that key prosecution before police arrived. “I was in jail with Cynthia White in December only Bell and Durham were called as prosecu-
eyewitness, taxi driver Robert Chobert, was on As a defense witness at the 1982 trial, Jones of 1981 after Police Officer Daniel Faulkner tion witnesses.
probation for throwing a molotov cocktail into denied having made that statement; however, was shot and killed. Cynthia White told me the When Durham testified at the trial, she added
a school yard, for pay. Sabo justified this by later in her testimony she started to describe a police were making her lie and say she saw Mr. something new to her story which she had not
ruling that Chobert’s offense was not crimen pre-trial visit from police, where “They were Jamal shoot Officer Faulkner when she really reported to the police on February 9. She now
falsi, i.e., a crime of deception. Consequently, getting on me telling me I was in the area and I did not see who did it…Whenever she talked claimed that she had reported the confession to
the jury never heard about this, nor that on the seen Mumia, you know, do it. They were trying about testifying against Mumia Abu-Jamal, and her supervisor the next day, on December 10,
night of Abu-Jamal’s arrest, he had been ille- to get me to say something that the other girl how the police were making her lie, she was making a hand-written report. Neither her su-
gally driving on a suspended license (revoked [Cynthia White] said. I couldn’t do that.” nervous and very excited and I could tell how pervisor, nor the alleged handwritten statement
for a DWI). This probation violation could Jones then explicitly testified that police had scared she was from the way she was talking were ever presented in court. Instead, the DA
have given him up to 30 years in prison, so he offered to let her and White “work the area if and crying.” sent an officer to the hospital, returning with a
was extremely vulnerable to pressure from the we tell them” what they wanted to hear regard- Explaining why she is just now making her suspicious typed version of the alleged Decem-
police. Notably, at the later 1995 PCRA hear- ing Abu-Jamal’s guilt. affidavit, Williams says “I feel like I’ve almost ber 10 report. Sabo accepted the unsigned and
ing, Chobert testified that his probation had At this point, Prosecutor McGill interrupted had a nervous breakdown over keeping quiet unauthenticated paper despite both Durham’s
never been revoked, even though he continued Jones and moved to block her account, calling about this all these years. I didn’t say anything disavowal (because it was typed and not
to drive his taxi illegally through 1995. her testimony “absolutely irrelevant.” Judge because I was afraid. I was afraid of the police. hand-written), and the defense’s protest that its
At the 1982 trial, Chobert testified that he Sabo agreed to block the line of questioning, They’re dangerous.” Williams’ affidavit was authorship and authenticity were unproven.
was in his taxi, which he had parked directly strike the testimony, and then ordered the jury rejected by Philadelphia Judge Pamela Dembe Gary Bell (Faulkner’s partner and self-de-
behind Faulkner’s police car, and was writing to disregard Jones’ statement. in 2005, the PA Supreme Court in 2008, and scribed “best friend”) testified that his two
in his log book when he heard the first gunshot The DA and Sabo’s efforts to silence Jones later in 2008, by the US Supreme Court. month memory lapse had resulted from his
and looked up. Chobert alleged that while he continued through to the later PCRA hear- Further supporting the contention that police having been so upset over Faulkner’s death
did not see a gun in Abu-Jamal’s hand, nor a ings that started in 1995. Having been unable had made a deal with White, author J. Patrick that he had forgotten to report it to police.
muzzle flash, he did see Abu-Jamal standing to locate Jones earlier, the defense found O’Connor writes, “Prior to her becoming Later, at the 1995 PCRA hearings, Wakshul
over Faulkner, saw Abu-Jamal’s hand “jerk Jones in 1996, and (over the DA’s protests) a prosecution witness in Abu-Jamal’s case, testified that both his contradictory report made
back” several times, and heard shots after each obtained permission from the State Supreme White had been arrested 38 times for prostitu- on December 9, 1981 (“the negro male made
“jerk.” After the shooting, Chobert stated that Court to extend the PCRA hearings for Jones’ tion…After she gave her third statement to no comment”) and the two month delay were
he got out and approached the scene. testimony. Sabo vehemently resisted—argu- the police, on Dec. 17, 1981, she would not be simply bad mistakes. He repeated his earlier
Damaging Chobert’s credibility, however, ing that there was not sufficient proof of her arrested for prostitution in Philadelphia again, statement given to police on February 11, 1982
is evidence suggesting that Chobert may have unavailability in 1995. However, in 1995 Sabo even though she admitted at Billy Cook’s trial that he “didn’t realize it [Abu-Jamal’s alleged
lied about his location at the time of Faulkner’s had refused to order disclosure of Jones’ home that she continued to be ‘actively working.’” confession] had any importance until that day.”
death. As noted earlier, the newly discovered address to the defense team. Amnesty International reports that later, Contradicting the DA’s assertion of
Polakoff crime scene photos show that the Over Sabo’s objections, the defense returned in 1987, White was facing charges of armed Wakshul’s unavailability in 1982, Wakshul
space where Chobert testified to being parked to the State Supreme Court, which ordered robbery, aggravated assault, and possession also testified in 1995 that he had in fact been
directly behind Officer Faulkner’s car, was ac- Sabo to conduct a full evidentiary hearing. Sa- of illegal weapons. A judge granted White the home for his 1982 vacation, and available for
tually empty. Yet, even more evidence suggests bo’s attempts to silence Jones continued as she right to sign her own bail and she was released trial testimony, in accordance with explicit
he lied about his location. While prosecution took the stand. He immediately threatened her after a special request was made by Philadel- instructions to stay in town for the trial so that
eyewitness Cynthia White is the only witness with 5-10 years imprisonment if she testified phia Police Officer Douglas Culbreth (where he could testify if called.
to testify seeing Chobert’s taxi parked behind to having perjured herself in 1982. In defiance, Culbreth cited her involvement in Abu-Jamal’s Just days before his PCRA testimony, under-
Faulkner’s police car, no official eyewitness re- Jones persisted with her testimony that she had trial). After White’s release, she skipped bail cover police officers savagely beat Wakshul
ported seeing White at the scene. Furthermore, in fact lied in 1982, when she had denied her and has never, officially, been seen again. in front of a sitting Judge, in the Common
Chobert’s taxi is missing both from White’s original account to police that she had seen two At the 1997 PCRA hearing, the DA an- Pleas Courtroom where Wakshul worked as a
first sketch of the crime scene given to police men “leave the scene.” nounced that Cynthia White was dead, and court crier. The two attackers, Kenneth Flem-
(Defense Exhibit D-12), and from a later one Jones testified that she had changed her presented a death certificate for a “Cynthia ing and Jean Langen, were later suspended
(Prosecution Exhibit C-35). version of events after being visited by two Williams” who died in New Jersey in 1992. without pay, as punishment. With the motive
In a 2001 affidavit, private investigator detectives in prison, where she was being held However, Amnesty Intl. reports, “an examina- still unexplained, Dave Lindorff and J. Patrick
George Michael Newman says that in a 1995 on charges of robbery and assault. Urging her tion of the fingerprint records of White and O’Connor speculate that the beating may have
interview, Chobert told Newman that Chobert to both finger Abu-Jamal as the shooter and Williams showed no match and the evidence been used to intimidate Wakshul into main-
was actually parked around the corner, on 13th to retract her statement about seeing two men that White is dead is far from conclusive.” taining his “confession” story at the PCRA
Street, north of Locust Street, and did not even “run away,” the detectives stressed that she Journalist C. Clark Kissinger writes that a hearings.
see the shooting. faced up to 10 years in prison and the loss of Philadelphia police detective “testified that Regarding the alleged confession, Amnesty
Amnesty International documents that both her children if convicted. Jones testified in the FBI had ‘authenticated’ that Williams had International concluded: “The likelihood of
Chobert and White “altered their descriptions 1996 that in 1982, afraid of losing her children, the same fingerprints as White.” However, two police officers and a security guard forget-
of what they saw, in ways that supported the she had decided to meet the police halfway: Kissinger continues, “the DA’s office refused ting or neglecting to report the confession of a
prosecution’s version of events.” Chobert first she did not actually finger Abu-Jamal, but she to produce the actual fingerprints,” and “the suspect in the killing of another police officer
told police that the shooter simply “ran away,” did lie about not seeing two men running from body of Williams was cremated so that no one for more than two months strains credulity.”
Page 14 Abu-Jamal-News issue #4: Free Mumia And All Political Prisoners!
Wrongs In Civil Rights Underlying
watched case convince groups as diverse Jamal received substantial electoral financing
as Amnesty International and the national and other support from Philadelphia’s police
NAACP that Abu-Jamal is the victim of double union – the leading proponent of Abu-Jamal’s
standards of justice. The NAACP approved a execution.
(1) Inserted police photo at far left of diagram, in front of Billy Cook’s VW, designates where
Faulkner’s body was found (2) Billy Cook’s VW (3) Faulkner’s police car (The “X”-Marks,
From Left to Right) X Entry location of bullet fragment, weighing 39.4 grains, found inside door-
way vestibule, 6 ft., 10 in. south of the front door X unexplained copper bullet jacket on sidewalk
X .38/.357 whole bullet, weighing 151.3 grains, with officially indeterminable rifling traits, found in
the frame of entrance door, 3 ft., 7 in. up from the sidewalk (Schiffmann argues that the bullet is too
low and too far away from Faulkner’s body, to have exited Faulkner’s throat) X 7 small lead frag-
ments, total weight 18.2 grains, found in the lower wall, seven inches up from the sidewalk.