What are your facts in this case that would prove him innocent of the charges

Oh and before you come up with the Myths look at this site for the rebuttals to each and every one of them

http://www.danielfaulkner.com/mythsdir.html 

OFFICER DANIEL FAULKNER

MURDERED

BY MUMIA ABU-JAMAL

DECEMBER 9, 1981

THE CRIME:

Jamal's taxi was found in the parking lot across the street from the shooting.

Jamal was apprehended sitting wounded at the crime scene just 40 seconds after the final shot was fired.

Jamal was found wearing an empty shoulder holster, with a gun registered in his name on the ground at his side.

The first officer at the scene said that after he identified himself, Jamal reached for his gun, attempting to fire at him too.

THE TRIAL:

Unlike most indigent defendants, Jamal was not saddled with a public defender. At public expense ($13,000 in 1981, or $40,000 today), he personally selected Anthony Jackson, an attorney in private practice, to represent him at the 1982 trial.

Jackson stated under oath that he was highly experienced in ballistics and forensics, and that he had represented "perhaps as many as 20 persons" accused of murder, prior to Jamal. Of those cases, he had "lost only 6 times". (N.T. 7/27/95, 92-93)

Jamal had access to a ballistics expert, an investigator, a private court stenographer, a photographer and several "legal runners".

Unlike most defendants Jamal selected his own jury. The judge permitted Jamal to personally decide how each of his 20 peremptory challenges was used after each prospective juror was questioned by his trained and experienced attorney.

The prosecutor accepted 4 "blacks" and 8 "whites" to the jury. When the final jury was seated, the prosecutor had 5 unused peremptory challenges. One of these black jurors (James Burgess) was personally rejected by Jamal with a peremptory challenge.

The jury was initially made up of 3 "blacks" and 9 "whites". With full knowledge and agreement of Jamal's attorney, one of the three "black" jurors (Jennie Dawley) was removed for violating sequestration, making the final jury 2 "blacks" and 10 "whites".

On the first day of trial the judge and the prosecutor beseeched Jamal to represent himself. Jamal refused to speak when asked to enter a plea; then he said that he would not allow himself to be represented "by any member of the Bar." For the next two full days, Jamal argued with the judge, demanding to have John Africa, a non-lawyer and the founder of a violent anti-government group called MOVE "represent" him. After two days of delay, Sabo reappointed Anthony Jackson as Jamal's lead counsel.

Despite repeated warnings by the judge that it would be detrimental for him to be absent from the courtroom, Jamal persisted with his innumerable disruptions, tantrums and violent outbursts. He was removed from the courtroom no less than 13 times.

THE BALLISTICS EVIDENCE:

Jamal's 5 shot Charter Arms revolver contained 5 spent shells. Ballistics tests (none of which has ever been refuted by the defense) verify that the bullets found in Jamal's gun were the same caliber (.38), brand (Federal Arms) and unique type (+P with a hollow base) as the fatal bullet that was removed from Officer Daniel Faulkner's brain.

Though the fatal bullet could not be matched to Jamal's gun to the exclusion of all others, etched into its outer edge was the same general riffling pattern as is found in the barrel of Jamal's gun. (8 lands and grooves with a right hand direction of twist.)

WHAT THE EYEWITNESSES SAW:

The prosecution called 4 eyewitnesses to testify in 1982, none of whom knew each other before the shooting. These are their initial statements, given to 4 different police officers, in four different locations, less than 1 hour after the shooting (3:52 AM).

MICHAEL SCANLAN (was 60 feet from the shooting with an unobstructed view): "Then the guy running across the street pulled out a pistol and started shooting at the Officer. He fired while he was running at the officer once, and the officer fell down. Then he stood over the officer and fired three or four more shots point blank at the officer on the ground." (12/9/81, 4:24 AM) Scanlan repeated these words while testifying. When asked if he thought the shots hit the officer he said, "Yes sir. I could see that one hit the officer in the face. Because his body jerked, his whole body jerked. (N.T. 6/25/82, 8.8)

ROBERT CHOBERT (was sitting in his cab 15 feet from the shooting with an unobstructed view): "I looked up and I saw this black male stand over the cop and shoot him a couple more times. Then I saw the black male start running towards 12th Street. He didn't get far, maybe thirty or thirty-five steps and then he fell. They got him. The cops got him and stuck him in the back of a wagon." (12/9/81, 4:25 AM)

CYNTHIA WHITE (was 30 feet from the shooting with an unobstructed view): "They (Faulkner and Jamal's brother, William Cook) got to the front of the car. Another guy came running out of the parking lot on Locust Street. He had a gun in his hand. He fired at the gun at the Police Officer about four or five times. The Police Officer fell to the ground. I started screaming. The guy who shot the Police Officer was sitting on the curb. The police handcuffed the man who was sitting on the curb, the man who shot the Officer." (12/9/81, 4:15 AM)

ALBERT MAGILTON (was 60 feet away from the shooting, but turned away as the first shot was fired to avoid being struck by a passing car): "I noticed a guy walking from the parking lot across the street. I turned around and next thing I know is, I heard some shots. I looked and saw the officer on the ground. The police had him [Jamal] on the ground. Then they placed him in the back of one of the wagons." (12/9/81)

In 1995, the defense produced ROBERT HARKINS, a fifth eyewitness to the crime. The testimony of the defense's own eyewitness corroborates the prosecution's eyewitnesses and verifies that none of them was coerced into giving false testimony, as is alleged by Jamal's attorneys and his supporters. Harkins: "Well, he leaned over and two, two or three flashes from the gun. But then he walked and sat down on the curb." Dan Williams (Jamal's attorney): "The guy who did the shooting walked and sat on the curb?" Harkins: "On the pavement." (N.T. 8/2/95, 208-9)

As stated by his attorney in his Federal appeal, the night of the shooting Jamal was wearing a "distinctive red and blue striped ski jacket" and brown pants. He was also 28 years old, 6'1" tall, 180 LBS, dark complexioned, with a slight beard and wore his hair in "dreadlocks". This is how eyewitnesses to the shooting described the killer, just minutes after the shooting.

MICHAEL SCANLAN: "He did have the same type of hair style, like the "MOVE" hair style. The guy that shot the Officer had an either red and yellow, or red and black bright colored sweater. The sweater was very distinguishable. He was 5' 10", 160 - 170 LBS; I think he had a beard. He had dark pants." (12/9/81, 4:24 AM)

CYNTHIA WHITE: "He was a black male, short, in his 20's, he also wore his hair in dreadlocks." (12/9/81, 4:15 AM)

ROBERT CHOBERT: "A black male. He has knotty hair, like the MOVE members and its long, he is dark complexioned and he is kind of heavy set. He was about 6 foot tall and he was wearing a light tan shirt and jeans." (Clearly Chobert was mistaken about the color of Jamal's clothing. But like the other eyewitnesses, he correctly identified every other aspect of Jamal's appearance and that Jamal fired the fatal shot, attempted to flee and fell to the ground where he was captured 40 seconds later.)

Though Jamal's supporters argue otherwise, only 1 witness has ever "recanted" their testimony. That person is defense witness Veronica Jones, who has never offered any testimony that implicates Jamal in any way.

If Jamal were innocent his most logical exculpatory witness would be his brother, William Cook. But Cook and Jamal have both refused to testify for the past 19 years.

tey will say he was framed!

All white jury convicted him, the usual racist crap!

Charlie

here ya go mr facts,bam!!

"Mumia Abu-Jamal is an award-winning Pennsylvania journalist who exposed police violence against minority communities. On death row since 1982, he was wrongfully sentenced for the shooting of a police officer. New evidence, including the recantation of a key eyewitness, new ballistic and forensic evidence and a confession from Arnold Beverly (one of the two killers of Officer Faulkner) points to his innocence! Mumia had no criminal record.

For the last 23 years, Abu-Jamal has been locked up 23 hours a day, denied contact visits with his family, had his confidential legal mail illegally opened by prison authorities, and put into punitive detention for writing his first of three books while in prison, Live From Death Row.

His case is currently on appeal before the Federal District Court in Philadelphia. Mumia's fight for a new trial has won the support of tens of thousands around the world, including Archbishop Desmond Tutu, Nelson Mandela, The European Parliament, Alice Walker, Paul Newman, Maya Angelou, Sister Helen Prejean, Danny Glover, Rage Against The Machine, the Detroit and San Francisco City Councils, Amnesty International, and many others. Mumia Abu-Jamal's fate rests with all those people who believe in every person's right to justice and a fair trial.

"I remain innocent. A court cannot make an innocent man guilty. Any ruling founded on injustice is not justice. The righteous fight for life, liberty, and for justice can only continue." Mumia Abu-Jamal , Oct. 31, 1998

Facts about Mumia's 1982 trial:

* The policeman was killed with a 44 caliber gun. Abu-Jamal's gun which he was licensed to carry as a night-time taxi driver, was a 38 caliber.

* The police never tested Abu-Jamal's gun to see if it had been recently fired. They never tested his hands to see if he had fired a gun. They have never shown Abu-Jamal 's gun to be the fatal weapon.

* No police officers present at Abu-Jamal's arrest claimed to have heard Jamal's "confession" until two months after it allegedly occurred. This was right after Abu-Jamal had filed police brutality charges.

* Abu-Jamal's doctor said that Abu-Jamal, who was unconscious, said nothing. He reported that a nurse found police with loaded guns pointed at Mumia as he lay unconscious in his hospital bed.

* William Singletary, a Vietnam veteran and local businessman, saw the whole incident and has testified that Abu-Jamal was not the shooter. However, the police forced him to change his story and intimidated him into leaving Philadelphia.

* Other key witnesses, such as Veronica Jones -- who now testifies in support of Abu-Jamal, were harassed into giving false testimony. Two prosecution witnesses were given special favors, including exemption from criminal prosecution, for their testimony.

Elements in an unfair trial:

* The Judge, Albert Sabo, sentenced more people to death than any other sitting judge in the US.

* The public defender didn't interview a single witness in preparation for the trial, and didn't have funds for defending a capital case.

* The prosecutor removed 11 qualified African Americans from the jury. He also argued for the death penalty because of Mumia's membership in the Black Panther Party, a practice later condemned as unconstitutional by the US Supreme Court.

* The racial bias of Philadelphia's courts has resulted in 120 people on death row, all but 13 non-white"

you see the support this man has. Rel thinkers not like your republican heroes

* The policeman was killed with a 44 caliber gun. Abu-Jamal's gun which he was licensed to carry as a night-time taxi driver, was a 38 caliber.

Official ballistics tests done on the fatal bullet verify that Officer Faulkner was killed by a .38 caliber bullet, not a .44 caliber bullet. The fatal .38 slug was a Federal brand Special +P bullet with a hollow base (the hollow base in a +P bullet was distinctive to Federal ammunition at that time). It is the exact type (+P with a hollow base), brand (Federal), and caliber (.38) of bullet found in Jamal's gun. Additionally, tests have proven that the bullet that killed Officer Faulkner was fired from a weapon with the same rifling characteristics as Jamal's .38 Caliber revolver. Further, Jamal's own ballistics expert, George Fassnacht, conceded in his 1995 PCRA testimony that the fatal bullet was not .44 caliber, and that it was most "likely" a .38. Although the D.A.'s officer offered in open court to let Jamal's attorneys test the fatal bullet, they refused this offer, and have never offered any alternative test results to counter the above evidence. Dr. James Hoyer's handwritten notation on a piece of scrap paper certainly does not constitute such evidence. Dr. Hoyer, a medical doctor who has had no formal ballistics training, has never claimed that he was able to determine the caliber of the bullet. He plainly testified in 1995 that what he wrote was a "guess." Furthermore, Dr. Hoyer testified that, after writing this guess, he had measured the bullet with a standard ruler. Although he acknowledged that this was not the accepted scientific method by which to gage the caliber of a bullet, his rough measurement was consistent with the slug being .38 caliber, and not a .44. Finally, Dr. Hoyer testified that, at the time he made his .44 caliber guess -- while looking at the horrendous wound to Officer Faulkner's head -- he was unaware that the killer had been using high-velocity +P ammunition. Had he known this, he would not have assumed that the slug was of an unusually large caliber.

So maybe the gun the police produced as evidence against Jamal was thrown there in order to frame him? No. The gun had been legally purchased by Jamal years prior to the shooting, and was registered in his name.

* The Judge, Albert Sabo, sentenced more people to death than any other sitting judge in the US.

As a strategy to gain sympathy for Jamal, Weinglass and Jamal's supporters regularly misrepresent Judge Sabo's legitimate attempts to maintain order and proper decorum in his courtroom as evidence of bias against Jamal. Yet every legitimate news agency and periodical that has reviewed the case (ABC-TVs 20/20, KGO-TV in San Francisco, American Justice, Time, and Vanity Fair) has found that it was Jamal and his attorneys who acted improperly in their efforts to antagonize Judge Sabo at every turn. They also agreed that these combative actions by Jamal and his attorneys, which required the Judge to maintain order in the courtroom, have been misrepresented by Jamal.

The findings of these news organizations were echoed and confirmed by the Supreme Court in their 1998 decision when they wrote, "Upon review of the entire record, we cannot conclude that any of Judge Sabo's intemperate remarks were unjustified or indiscriminate, nor did they evidence a settled bias against Appellant."

As for Judge Sabo's record, it is unquestioned that he has a well-earned reputation for being a "no-nonsense" or "law and order" type of judge. Due to the length of his tenure and the fact that he was assigned to preside over homicide cases exclusively, it would not be surprising to find that more murderers have been convicted by juries and sentenced to death in his courtroom than in any other.

But the 31 convictions mentioned by Jamal's supporters were jury trials, in which the jury, not the judge, convicted and sentenced the defendants.

Further, it goes without saying, that a judge cannot select the race of the individuals that come before him. According to US Census Bureau statistics, Judge Sabo presided over trials in a city in which roughly 40% of the population were people of color. Given this simple demographic fact, it is not surprising that many of the defendants who appeared in Sabo's courtroom were black men. These men committed brutal and vicious crimes, and were found guilty and sentenced by jurors of their peers. Was Judge Sabo supposed to override the jury verdicts and release them in order to demonstrate his racial sensitivity?

The alleged "statistic" that Judge Albert Sabo "has sentenced more black men to death than any other judge in America," which is regularly thrown out as "fact" by Jamal's lawyers, is not a statistic at all. It's a piece of pure propaganda, invented by Jamal's lawyers out of thin air. In fact, there is no known agency that keeps track of such statistics. Jamal's lawyers have never bothered to cite the source for this supposed "fact," because it simply doesn't exist.

It is our feeling that the offensive label of "racist," -- which Jamal's supporters so freely attached to Judge Sabo -- should not be used lightly as to any individual. When challenged, Jamal's pitiful, hate-filled lawyers and supporters cannot point to a single scrap of evidence for their horrendous accusations against this well-respected and hard-working jurist.

Jamal's supporters complain that Jamal should not be stigmatized as a violent killer simply because he was a member of the Black Panthers. Then, in the same breath, they attack Judge Sabo, accusing him of bias against Jamal simply because Sabo was a member of the Fraternal Order of Police. Judge Sabo was, at one time, a member of the FOP. What Jamal's supporters won't tell you is that he last held this membership when he was an "Undersheriff" in 1974, eight years before he presided at Jamal's trial.

You are pi$$in up a rope and grasping at straws

much like this cop killer is doing

"Mumia Abu-Jamal is an award-winning Pennsylvania journalist who exposed police violence against minority communities. On death row since 1982, he was wrongfully sentenced for the shooting of a police officer. New evidence, including the recantation of a key eyewitness, new ballistic and forensic evidence and a confession from Arnold Beverly (one of the two killers of Officer Faulkner) points to his innocence! Mumia had no criminal record.

If one spends enough time around Mumia Abu-Jamal's supporters they will hear incredible stories of his prowess and exploits as a journalist in 1981. These stories are told with the intention of conjuring up an image of the crusading "voice of the voiceless" who constantly dogged police officials and Mayor Rizzo, constantly embarrassing them by exposing one wrongdoing after another. However, if one looks to articles written about and by Mumia Abu-Jamal in the late 1970s they will find that the truth about his journalistic career is something else all together.

It is easy to find articles written after the murder of Officer Faulkner in which Jamal's friends and colleagues gush about his talent. It is equally difficult to find any record of his actual work. One would expect that if an individual reporter were consistently exposing rampant misconduct by the Police, the Mayor, and various other city officials, that person's name would regularly appear in the news. Yet, an internet search on Jamal prior to December 9, 1981, reveals that his name appeared in just one article that had nothing to do with exposing corruption and wrong-doing. When asked to produce copies of reports exposing Police abuse from Jamal's body of work, he, his attorney and his followers are unable to produce anything concrete. Instead, their one and only example of Jamal's journalistic prowess seems to be this: Mayor Frank Rizzo once said to a group of reporters that he was displeased with the way they were attacking him in their reports, and Jamal's supporters insist that Rizzo was "looking right at" Jamal when he said this.

Despite what is claimed on the cover of his book, Jamal has never won a Peabody Award. Though he did win a local media award for his part in a group effort on a report that dealt with social issues in Philadelphia (not police abuse), the simple fact is that Jamal has never won any prestigious award for journalism.

BAM Mr racist