The following email was received July 28 from spg-l. Mumia's Post-Conviction Relief hearing began on July 12. The following account is of the fifth day of proceedings, July 26.
More on yesterday's court hearing from: Bob Witanek <bwitanek@igc.apc.org> 7/27/95
DEFENSE WITNESS TESTIMONY By Sally O'Brien
The following account is from today's hearing for a stay of execution and for a new trial for Mumia Abu-Jamal as reported by Sally O'Brien on WBAI 99.5FM (NYC):
In calling for a stay of Mumia Abu-Jamal's planned August 17 execution, chief counsel Leonard Weinglass spoke of prosecutorial misconduct and asserted that Mumia Abu-Jamal was victimized by ineffective assistance by the original trial attorney, Anthony Jackson. In a courageous move today, Jackson, who no longer practices law, took the stand and spoke frankly of his shortcomings during the 1982 trial. He told the court that in December 1981, when assigned to Mr. Abu-Jamal's case, he was quote, "in transition out of law." With a predominantly civil law background, he spoke of being ill-prepared for such a complicated criminal case and recalled asking repeatedly to be excused, particularly in the penalty phase. In capital cases in Philadelphia, there are 2 phases. One, the trial, or guilt phase and then if a guilty conviction is rendered, the jury is convened again to hear the case and render sentence. This is called the penalty phase. In late afternoon on July 2, 1982, phase one ended with the jury convicting Mr. Abu-Jamal of first degree murder. Allowing no preparatory time, Judge Albert Sabo scheduled the penalty phase to begin the very next morning.
Attorney Leonard Weinglass asked Jackson, if he had ever discussed anything relating to the penalty phase with his client.
"No sir," Jackson replied.
"Did you talk to anyone to appear as witnesses?"
"No sir."
"Did you subpoena any experts?"
"No sir." To each and every question, the answer was the same. Essentially, no defensive action had been taken by Attorney Jackson on behalf of Mumia Abu-Jamal. To add to this mix, Jackson also described a trial in which the defense was under resourced, having only $800 to cover the investigation, all witnesses, and expert testimony, including pathology and ballistics experts. Initially, in the preparatory phase, Jackson described having $150 for the pathologist to quote to "read the report over the phone to me."
Jackson described being in need of help and asking pre-trial Judge Rigner for assistance 5 weeks before the trial began. This request for another attorney was denied and Abu-Jamal asked to assist in his own defense. "At this point," said Jackson, "I was told I was to be back up counsel." He said there was no assistance in the common pleas court, no instructions, no guidelines. "I was caught in a tenuous situation," he said. "I asked so many times to be relieved." Later, when Mr. Abu-Jamal was stripped of the right to defend himself, Jackson was assigned back to lead counsel status.
Again, he described being confused. In the midst of this, Jackson said, his relations with his client became strained. Quote "Mr. Jamal felt he was not able to exercise the rights he felt he was entitled to. He had lost confidence in me."
At this point, Judge Sabo asked Assistant District Attorney Joe Grant if he had any objections. <COMMENT FROM BOB: Since when does a Judge interrupt an attorney on one side while he is questioning a witness to ask the opposing attorney if they have any objections? Is anyone else bothered by this circus atmosphere?>
Having none, Attorney Weinglass began discussion of the coroner's report that stated that Officer Faulkner was killed by a bullet by a 44 caliber gun, the significance being that Jamal's legally registered gun was 38 caliber.
Jackson said he was never able to see that report for himself.
In the midst of this discussion, however, and before Jackson was cross examined, Judge Sabo recessed proceedings to quote "get a sandwich."
==END OF REPORT==
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