Monday and Tuesday, September 11 and 12, 1995
Mumia supporters took what seats where available and filled the corridors outside the courtroom as closing arguments were made before Judge Sabo for the Petition for Post-Conviction Relief.
A suprise last-minute revelation was the announcement that William Cook, Mumia's brother and present at the scene of the original arrest, wanted to make a statement as part of the PCRH. The hearing was continued until Tuesday morning for this testimony.
William Cook was at the Pittsburgh (civil rights) hearing. He was also at the victory celebration in Philly on August 17. There is a warrant issued for him that the prosecution made active after they realized he was at the Pittsburgh hearing. The prosecution stated that they wouldn't enforce the warrant if Billy testified before Judge Sabo, but gave no guarantees for him after he testified.
Weinglass wanted Cook's lawyer to make a statement for him but Sabo said he didn't want to hear from the lawyer but from Cook himself. Cook did not testify on Tuesday before Sabo, it is a tactical decision to have him wait to testify until a new trial. Cook is more than willing to testify for Mumia but it makes more tactical sense to wait instead of having him appear before the notoriously racist Sabo and then get arrested immediately afterwards.
Mumia's attroney, Leonard Weinglass, does not expect Sabo to rule favorably in regard to any of the motions contained in the Petition. Appeals will be filed immediately.
above compiled from messages posted to the spg-l mailing list
FROM JAMILA LEVI, WESTERN PA COMMITTEE TO FREE MUMIA AUB-JAMAL
INFORMATION; 412-361-2889 (PITTSBURGH) OR 215-476-8812 (CONCERNED FAMILY & FRIENDS OF MUMIA ABU-JAMAL, PHILADELPHIA)
REPORT WRITTEN SEPT. 14, 1995
Closing arguments were heard in the High Security Courtroom at Philadelphia's new Criminal '"Justice"' Center on Filbert & 13th St. The building is a high-tech new world order nightmare. Arriving prisoners are shielded from the media, delivered through a drive-in garage, and moved to a huge sub-basement that is designed to hold 400. From there, they are transferred by elevator directly to a holding cell adjacent to the courtroom. Unlike City Hall where Mumia could hear the crowd below, he could hear n othing going on outside the "Justice" Center. The building just "happened" to officially open for business the same day as his hearing.
In the High Security Courtroom, spectators must observe the proceedings through bulletproof glass. When lawyers forget to speak into the microphone, spectators are entirely shut out. The prisoner cannot hear words of encouragement from family and support ers --another cold, sterile atmosphere has been created by the state to stifle dissent, much like the control unit prison with its non-contact visiting rooms. One reporter overheard Maureen Faulkner exclaim as she walked into the courtroom, "This is biza rre!"
The courtroom is much smaller, placing further limitations on the number of press and general public. Of course, cameras are barred from the courtroom here. Secrecy is the order of the day. A guard barked, "Media first, then Faulkner family and FOP, then Jamal's family, then Jamal supporters!"
In still another retaliatory move to shield Mumia from his lawyers, the press, family and supporters, the Department of Corrections moved him to a prison more than three hours northwest of Philadelphia rather than to Graterford, a forty-five minute ride. He was held in solitary confinement on the hospital wing, where the light stayed on all night - Phase II (death watch) conditions although Mumia is no longer officially on Phase II or disciplinary custody status. He was still suffering from blisters on both ankles from having his feet shackled ten hours/day to, from and during court in Pittsburgh the previous week.
Monday, 1O:15 AM While many more waited in the halls, unable to get into court, Mumia entered through a side door behind the glass. Supporters stood and raised clenched fists, bridging the offensive glass barrier for a few brief seconds. Moments later, the court crier ordered "All rise ..." as Sabo entered, smiling smugly. "May God save the Commonwealth and this honorable court," continued the crier. (Some of us whispered that this court was beyond salvation.) Anyone who failed to rise was removed from the courtroom.
Defense and prosecution were each granted two hours for closing arguments. Defense attorneys Dan Williams, Rachel Wolkenstein, Jonathan Piper and Len Weinglass detailed the many findings that support the motion for a new trial - lack of mitigation witnes ses at the sentencing phase of the trial; suppression, falsification and destruction of evidence; police threats and coercion of witnesses; prosecution withholding information about witnesses from the defense; Philadelphia Police Dept. corruption and mis conduct (cited by the federal government in a 1979 lawsuit, as well as by the present widespread corruption and brutality scandal); FBI files showing the defendant was targeted for his political beliefs; geographical and racial disparities in Pennsylvania's death penalty; complete disparity in what the prosecution and defense had to work with in 1982 (investigators, access to witnesses, pathologist, ballistician); ineffective counsel and consistently biased rulings from the court.
Citing collusion between the Philadelphia Police Dept. and FBI in its counterintelligence program against Mumia, Rachel Wolkenstein concluded her remarks by saying, '"Not only is Jamal entitled to a new trial but the level of misconduct is so great that the charges should be dismissed."
Throughout the defense closing arguments, Sabo avoided eye contact, looking down and appearing bored or even asleep. However, he perked up when the prosecution spoke, maintaining eye contact and even taking notes. He allowed the defense twenty minutes for rebuttal, but pared the time down almost as soon as they began. Finally, unable to contain himself any longer, Sabo began arguing with the defense, countering points, interrupting and taking away the last remaining moments.
Defense stated that Daniel Alva, lawyer for Mumia's brother William Cook, would like to speak regarding Cook's potential testimony. Sabo said a statement from Alva was "irrelevant" then added that he wanted to hear from Cook himself. Joey Grant, the lackey DA back in full form for the prosecution after disappearing for "private practice" in August, seized the opportunity to say that Cook should come in. He added that Cook, who reportedly had outstanding bench warrants, would not be arrested before he had a chance to testify, but that he would have to follow up on the warrants immediately after his testimony and that there were "no guarantees" what would happen next.
Court recessed for fifty minutes. Upon return, defense attorneys argued that Cook had good reason to fear for his life. If he testified, they said he would state that another black male was in the car with him on Dec. 9, 1981, that Mumia did not shoot Daniel Faulkner, and that Daniel Faulkner did shoot Mumia. Cook's lawyer stated that he needed time to meet with his client to discuss his rights and his safety, as well as to prepare for the testimony. Sabo: "Just tell him to tell the truth! ... If he's telling the truth, it should be simple!" Spectator; "Check out the 39th district!" Alva: "I can't ask my client to get up blindly (on the witness stand) on the premise that the truth will set him free ..." (Applause from Mumia's supporters.)
Court reconvened Tuesday morning. Defense stated that they had been unable to locate and serve subpoena on Cook. Cook's attorney added that his client failed to appear for a scheduled appointment the previous day, and did not phone. Defense requested that the court lift the order to surrender Cook to the warrant section, saying that Cook most likely feared for his life and was unlikely to appear if he thought he would be taken into custody. The court and DA.'s office hotly denied that safety was an issue or that he would be jailed. Sabo concluded the bearing shortly thereafter.
An affirmation filed by defense states that new witnesses continue to emerge, and defense is actively pursuing leads. One witness, a homeless Vietnam veteran who wrote to the DA from a Massachusetts shelter, stated he was an "eyewitness to the shooting death of Officer Faulkner and that a person other than Mr. Jamal committed the shooting." Defense has been unable to locate the man. Two other potential witnesses called radio talk shows with information. In addition, defense requested more time to explor e evidence related to the on-going federal investigation of police corruption in Philadelphia. Also, a forensic expert hired by the defense this summer obtained photographs of the bullets removed from Faulkner and Mumia, but the DA's office refused to allow them to measure and weigh the bullets. The DA 's office rejected this expert's recommendation that the bullets and weapons be sent to an independent laboratory for examination. They insisted the examination would have to be completed at the Philadelphia police laboratory.
Sabo could make his ruling at any time -- it could be days or weeks. He will notify the attorneys directly by telephone or fax. Meanwhile, the civil rights hearing in Pittsburgh will continue later this month. A specific date will be announced as soon as possible.
On Sept. 13th, Mumia once again crossed the state in shackles, surrounded by a special high-security entourage returning to SCI-Greene in the evening. His ankles are healing and as always his spirit is strong.
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