Jamila Levi for Frontline News Service
Philadelphia Court of Common Please, October 1, 1996
Daring a tense day, emotionally charged day in Judge Albert F Sabo's court; District Attorney Arlene Fisk provided a powerful example of the interrogation and intimidation defense witnesses so frequently face when the state is circling for the kill.
The day's events clearly illustrate why Veronica Jones and other defense witnesses fear their very lives if they, tell the truth about what they saw on the night of December 9, 1981.
The hearing began shortly after 10:00 AM with Mumia's defense attorneys attempting to subpoena the entire Jamal file from the District Attorney's office including records pertaining to Arnold Howard's driver's license or application which was found on the dead police officer Daniel Faulkner's body (and revealed for the first. time with the testimony of Detective Edward D'Amato at the 1995 PCRA hearing); the prosecution's promise to reinstate a driver's license for cab driver and prosecution witness Robert Chobert; the police coercion. of William Singletary, information about at least three Black police officers whose names was Green one of whom participated in the intimidation of Singletary; and the reports of Detective Sergeant Herbert Gibbons who supervised the 1981-82 investigation of the Faulkner shooting.
DA Arlene Fisk responded that this .hearing had to be limited to proving the unavailability of Veronica Jones for the 1995 PCRA hearing and called the defense request "ludicrous".
Mumia's attorneys emphasized that there is a substantial question of due process violation and that additional information needed for today's hearing remains in the prosecution's files. D'Amato's testimony is undisputed. Material evidence for the defense was never disclosed
Sabo sided with the District Attorney consistently all day, sustaining all the DA's objections and overruling all those from the defense. Within minutes after court began today, he was yelling at defense counsel "Proceed with whatever evidence you have now - put your witness on now - (to Rachel Wolkenstein) listen counselor, I made a ruling - SIT DOWN!"
It was in this climate that Defense witness Veronica Jones was called to take the stand Saab immediately subjected her to threatening statements, reminding the witness 'that she could get seven years imprisonment on each count if charged with perjury.
Jones, under direct examination by Defense attorney Len Weinglass, stated that on December l5, 1981, she was questioned by police at her mother's home and told them she saw two men run from the scene of the December 9 shooting.
In January 1982 she was brought into the Sixth District Precinct, separated from the other women who were brought in, put in a room and never processed. Two detectives came in and questioned her. They asked if she'd made up her mind what she was going to do in regard to Mumia's case and told her that Lucky (Cynthia White, also working as a prostitute) had made a deal and things were working out. Cynthia was not brought in at the time. They told her she'd be able to work the streets like Lucky if she identified Mummy as the shooter
In June, when Jones was in custody on felony charges of armed robbery, and weapons possession she was visited by two white detectives in jail. They told her they could help her get off if she helped them by naming Mummy as the shooter. "I did a little talking but more listening," Jones explained, visibly upset "Ten years away from my kids - my kids was all I was thinking of." At that time, Jones was 21 years old with three small daughters.
When she was brought into court a few days later, she thought it was on her own charges and was surprised to be brought into Mumia's trial "I was scared and didn't know What was going on," she said. She changed her testimony denying that she saw two men flee the scene.
Jones testified that she first met the defense lawyers in April 1996.
DA Arlene Fisk then proceeded to cross examine Jones relentlessly; in a scathing attack aimed from the start humiliating, confusing and intimidating the witness. Jones maintain her dignity, despite probing questions concerning prostitution, her associates, her relationship with her children, public assistance checks boy friends, her mother and arrest record. Indeed the attack began to sound like a classic '90's attack on welfare moms "You stole from the State of New Jersey for your kids ," Fisk accused, amidst groans from the spectators.
"I called it borrowing," Jones replied, referring to a period when she had been working and receiving welfare checks. "I paid it back, every penny of it"
Jones testified that she took her children and left Pennsylvania in late 1982, moving to West Virginia for several years. She wanted to start over and battled economic hardship and alcoholism for several years. As Fisk's cross examination turned into badgering, Jones became angry and defended herself with all the dignity befitting a Black woman in racist amerika who loves her children and struggled constantly to survive. Fisk, for whom such struggle is undoubtedly an alien concept, continued with increasing venom.
Fisk's attack on Jones' credibility became all the more preposterous as one saw how Jones is risking everything - her safety, her very life - to take the stand and tell the truth "(At the 1982 trial) I lied and said I didn't see two men run away but I never said this man (gestures, toward Mumia) did the shooting because he did not do it - you can try to confuse me with dates but you can't get blood from a turnip, this all I know!" Jones stated. "Listen to who they were talking to - a nervous 2O-year old. Every time I tried to say a few things l was cut off!
Fisk, who insisted, "There's really no reason to fly off the handle, I'm not trying to trick you" proceeded to question the Witness about her present address in New Jersey and managed to get the street name into the record. When Jones objected to questions probing into living arrangements with her boyfriend Sabo responded, "you don't have any private life."
Jones stated that in 1995 she was unaware of the PCRA hearing, evoking applause from the spectators as she'd had an alcohol problem but bad since quit drinking. At this Sabo abruptly got up and left the courtroom, returning a few minutes later. Perhaps he needed a quick drink?
Fisk's testimony led in one direction - to the sudden announcement that Jones lad an outstanding bench warrant in New Jersey for allegedly writing a bad check. She added that two New Jersey detectives were present to take the witness into custody.
Defense objected , "This is the usual form of intimidation. There is no need to take this witness into custody except to intimidate... There was no attempt to pick her up. They knew where she was since May this is exactly what happened to Billy Cook. I object to any detective coming in here."
The two detectives were called in and stood before the glass partition much as two detectives stood at the back of the courtroom in 1982, eyeing Jones with arms folded.
Defense. "Let the record reflect the witness is openly weeping and holding her head in her hands."
Sabo.- "She has good reason to. I didn't commit any comes, she did"
Jones denied she knew anything about bench warrants. The D.A produced a mug shot of Jones which they claimed was taken at the time charges were brought. Jones remembered a picture being taken, saying, "They took my picture in order to have it tat the station. They didn't charge me with nothing. They said go ahead and catch the bus. Why would I sit here and lie to you? You done drug me trough the damn mud. You think that's going to make me change my story, it's not."
Defense declined to further question the witness on redirect. Len stated "Due to the interrogations she's been through I won't ask any more questions, although l have many ."
Sabo insisted the DA had a legitimate warrant although it was under a different name with a different social security number. He denied the detectives had no authority to arrest Jones in Pennsylvania, noting "The sheriffs have a right to assist the New Jersey detectives in her arrest"
Throughout the morning, as tensions mounted in the court room, police presence multiplied rapidly and spectators were threatened with removal if they continued to have outbursts.
At 12:45 PM, Jones was escorted from the witness stand and out of the courtroom by New Jersey detectives and local sheriffs. "Don't cry," she bid her daughters as she was taken out
Supporters quickly went to work raising two thousand dollars in bail money.
In the afternoon, the defense called four witnesses. The first, David Rosen, was a public defender who briefly counseled Jones in 1982 regarding her Fifth Amendment rights. He provided her with no further counsel.
The defense was prepared to rest at that point, but the DA insisted the burden of proof was on Mumia to show that he couldn't get Jones to testify 1995. Since Sabo immediately sided with the DA, defense proceeded to call Detective Sergeant Sheehan from the Woodbury City Police Department. His department is the one that allegedly issued the bench warrant on Dec. 8, 1994, and then tuned it over to Camden where Jones was living. His department never called to follow up and apparently was unconcerned with the matter until - he testified - Arlene Fisk called him.
"I don't care if they were negligent over in New Jersey," Sabo snapped. "what did you (the defense ) do to find the witness?"
Defense Attorney Dan Williams argued that he was establishing the bad faith of the prosecutor; but Sabo told him to "Shut up." (He said this at least twice today) Further arguments got nowhere. "What do you expect me to do," Sabo whined "investigate the whole thing".
Two private investigators were called next, who testified as to when they were first asked to locate Jones (August 1995) and when they actually found her (April 1996). Along with computer specialists in San, Diego, they searched criminal records, drivers licenses, employment history, welfare history; and other standard items in their search to find Jones. All they had initially was her name and birth date. They "didn't get a whole lot of cooperation" when they tried to check Camden arrest records and were put off in Philadelphia when they attempted to see Quarter Sessions Files.
The day ended with the defense listing several more witnesses it will call, including licensed investigators and a private citizen who mistakenly thought he had located Jones earlier. Michael Newman, the computer expert from San Diego, is testifying in a California court case for the next day or two, so defense announced its intention to offer a declaration and another colleague to testify. The DA objected and Sabo refused to grant a continuance to wait for Newman to take the stand.
Testimony continues at 10:00 AM on Wednesday, October 2, .1996.
The arrest of Veronica Jones today casts a sobering pall over the proceedings, a dark reminder that anyone who dares to speak out for justice becomes the target of the, state. Jones was courageous. She was rewarded with more racist police intimidation and as yet untold threats. Her willingness to speak the truth despite these risks, serves as a powerful] example for her children and indeed, all who the government wishes to destroy.
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