Petition for Habeas Corpus
Table Of Contents

I. Procedural History And Background

II. Preliminary Statement

1. Overview Of The Defense Theory Of The Case Versus The Prosecution's Theory
2. Overview Of The Flawed Trial Process
3. Overview Of The Sentencing Phase
4. Overview Of The Pcra Proceedings And Subsequent Appeal
5. Overview Of Claims Presented In This Petition

III. Claims For Relief

Claim One: The State Manipulated Two Purported Eyewitnesses To Falsely Identify Jamal As The Shooter, In Violation Of His Fifth, Eighth, And Fourteenth Amendments Rights

1. Cynthia White
2. Robert Chobert

Claim Two: The State Suppressed Evidence That The True Shooter Fled, In Violation Of The Fifth, Eighth And Fourteenth Amendments

1. Robert Chobert
2. Veronica Jones
3. William Singletary - Eyewitness To The Shooting
4. Arnold Howard And The Physical Evidence Of The Fleeing Man
5. Dessie Hightower - The Only Defense Eyewitness To The Fleeing Man Called At Trial
6. Deborah Kordansky - Another Eyewitness To The Fleeing Man
7. William Cook - Jamal's Brother

Claim Three: Jamal Was Found Guilty And Sentenced To Death Through The Use Of A Fabricated Confession, In Violation Of The Fifth, Eighth And Fourteenth Amendments

Claim Four: The State Destroyed Critical Physical Evidence, Manipulated And Misrepresented The Ballistics And Medical Evidence, And Suppressed Crime Scene Test Results, In Violation Of The Fifth, Eighth, And Fourteenth Amendments

Claim Five: The Commonwealth Failed To Disclose Government Political Surveillance Files Demonstrating Longstanding Police Bias Against Jamal, In Violation Of The Fifth, Eighth And Fourteenth Amendments

Claim Six: Petitioner Was Deprived Of His Constitutional Rights Under The Fifth, Sixth, Eighth And Fourteenth Amendments Due To Defense Counsel's Prejudicially Deficient Performance During The Guilt Phase

1. Jackson's Lack Of Experience In Capital Litigation And Recent Entry Into Criminal Practice
2. Jackson's Deficient Performance During The Pretrial Phase
   1. Initial Stages Of The Pretrial Phase
   2. Counsel's Failure To Obtain The Services Of Experts And An Investigator
   3. Jackson's Deficient Pretrial Preparation And Jamal's Decision To Proceed Pro Se
3. Counsel's Failures At Trial
   1. Counsel's Failure To Obtain Experts Resulted In The Jury Having A Distorted View Of The Physical Evidence In The Case
      1. The Prejudice Caused By Failing To Obtain A Pathologist
      2. The Prejudice Caused By Failing To Obtain A Ballistics Expert
   2. Counsel's Failure To Retain An Investigator Resulted In The Jury Having A Distorted View Of The Eyewitness Accounts
   3. Counsel's Failure To Prepare For Trial Resulted In The Jury Not Hearing Highly Favorable Evidence To The Defense, But Being Exposed To Evidence That Was Deeply Prejudicial
4. Conclusion

Claim Seven: The Prosecution's Case Was Never Placed Within The Crucible Of Meaningful Adversarial Testing Due To The Court-Created Conflict Of Interest Between Counsel And Client, Thus Violating His Fifth, Sixth, Eighth, And Fourteenth Amendment Rights

Claim Eight: The Trial Court Denied Jamal The Ability To Defend Himself By Denying The Funds Needed To Retain Necessary Services Of Experts And An Investigator, In Violation Of The Fifth, Sixth, Eighth, And Fourteenth Amendments

1. Ballistics Expert
2. Medical Expert
3. Defense Investigator

Claim Nine: The Court's Denial Of A Continuance Precluded Jamal From Presenting Critical Defense Evidence, In Violation Of The Fifth, Eighth, And Fourteenth Amendments

Claim Ten: The Court Impermissibly Restricted The Elicitation Of Material Evidence Favorable To The Defense, In Violation Of The Fifth, Eighth, And Fourteenth Amendments

1. Restrictions On The Examination Of Veronica Jones
2. Restrictions On The Examination Of Robert Chobert

Claim Eleven: The Court Unconstitutionally Stripped Jamal Of His Right To Self-Representation By Ruling That Jamal Had To Let The Court Or Back-Up Counsel Conduct Voir Dire, In Violation Of The Fifth, Sixth, Eighth And Fourteenth Amendments

Claim Twelve: The Court's Forced Removal Of Petitioner From Significant Portions Of His Capital Trial Violated His Fifth, Eighth, And Fourteenth Amendment Rights

Claim Thirteen: Jamal's Absence From Two In Camera Conferences Violated His Fifth, Sixth, Eighth, And Fourteenth Amendment Rights

1. The June 18th In Camera Conference Regarding Juror Dawley
2. The June 28th In Camera Conference Regarding The Shooting Of Jamal

Claim Fourteen: The Prosecutor's Improper Guilt Phase Summation Violated The Fifth, Eighth And Fourteenth Amendments

Claim Fifteen: Jamal's Constitutional Rights Were Violated The Deficient Performance Of Appellate Counsel

Claim Sixteen: The State's Racially Discriminatory Exercise Of Peremptory Challenges Violated The Fifth, Sixth, And Fourteenth Amendments

1. Jamal Has Established A Prima Facie Violation Of Batson And Swain
2. The Systemic Evidence Of Discrimination

Claim Seventeen: The Trial Court Unconstitutionally Responded To A Juror's Request Without Notifying The Defense, And Then Engineered This Juror's Removal, In Violation Of The Fifth, Sixth, Eighth, And Fourteenth Amendments

Claim Eighteen: The Court Refused To Excuse For Cause A Palpably Unfit And Biased Juror, In Violation Of The Fifth, Eighth And Fourteenth Amendments

Claim Nineteen: Some Jurors Engaged In Secret, Premature Deliberations During The Course Of The Trial, In Violation Of The Fifth, Eighth, And Fourteenth Amendments

Claim Twenty: Jamal's Jury Was Drawn From A Pool That Was Composed In Violation Of The Fifth, Eighth And Fourteenth Amendments

Claim Twenty-One: Petitioner Was Deprived Of His Constitutional Rights Under The Fifth, Sixth, Eighth And Fourteenth Amendments Due To Trial Counsel's Prejudicially Deficient Performance During The Penalty Phase

1. Jamal's Dedication To The Community And To The Voiceless
2. Jamal's Talents As A Journalist
3. Jamal's Qualities As A Human Being
4. Jamal's Attitude Toward Peace/Violence
5. Jamal's Dedication To Family
6. The Prosecutorial Caricature Of Jamal

Claim Twenty-Two: Jamal's Constitutional Rights Were Violated By The Prosecution's Use Of His Teenage Affiliation With The Black Panther Party To Argue For The Death Penalty

Claim Twenty-Three: Jamal's Constitutional Rights Were Violated By The Prosecutor's Improper Penalty Phase Closing

Claim Twenty-Four: The State Unconstitutionally Withheld Relevant Evidence In Mitigation In Violation Of The Fifth, Eighth And Fourteenth Amendments

Claim Twenty-Five: The Jury Was Unconstitutionally Led To Believe That Any Findings Of Mitigating Circumstances Required Unanimous Jury Action

Claim Twenty-Six: Jamal's Constitutional Rights Were Violated The Jury's Confusion On Whether Life Imprisonment Meant Without The Possibility Of Parole

Claim Twenty-Seven: Jamal's Death Sentence Is Itself Unconstitutional Under Evolving Standards Of Decency

Claim Twenty-Eight: Jamal Was Sentenced To Death Due To The Constitutionally Impermissible Factor Of Racial Discrimination In Violation Of The Fifth, Eighth, And Fourteenth Amendments

Claim Twenty-Nine: Jamal Was Denied Due Process By An Unfair State Post-Conviction Hearing Proceeding

1. Judge Sabo
   1. Judge Sabo's Palpable Display Of Bias And Hostility At The PCRA Hearing
   2. Judge Sabo's Deep-Rooted Biases Infected His Fact Findings And Required Recusal
2. Justice Ronald D. Castille

IV. Conclusion
Prayer For Relief

Footnotes

[posted 10/18/99]

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