Glitch, thank you for the additional information. I posted “simple one sentence claims”, as you say, to prevent having a long post that was all quotes. I was tyring to summarize. But I guess I can also post longer sections of text. As mentioned above, you can read the the full Amnesty International Report. As in my first post, quotes will be in italics.
First I need to expand on Glitch’s statement.
Let me clarify Amnesty International’s position, it seems many people are unclear about that.
a) Amnesty International (AI) opposes the death penalty in all cases. So Abu-Jamal’s guilt or innocence would be irrelevant as far as that goes.
b) AI does not claim that Abu-Jamal’s trial was innocent, they claim that the trial was unfair. The reason they adopt Amu-Jamal’s case is because one of AI’s objectives is to obtain a fair trial for prisoners “whose case has a political aspect.” AI has not identified him as a political prisoner, but is concerned that political statements attributed to him as a teenager were improperly used by the prosecution in its efforts to obtain a death sentence against him.
To refer to the points that you mentioned above:
The mis-matching bullet:
Your additional information seems to refute this claim that the bullet might have been a .44 caliber bullet. However, please note as mentioned above that Mumia Abu-Jamal’s gun was not tested to see if it had been recently fired, and Mumia Abu-Jamal’s hands were not tested for gunpowder residue (the fact that the police tested the hands of another suspect show that they realized this would have been useful information.)
Daniel Chobert’s testimony:
Daniel Chobert’s *first recorded statement to police – about which the jury was not told – was that the shooter “apparently ran away”, according to a report written on 10 December 1981 by Inspector Giordano.*As noted above, there are also discrepancies between Daniel Chobert’s description and that of Abu-Jamal. What incentive would Daniel Chobert have to change his story? It is conceivable that police would have put pressure on him. Daniel Chobert had been convicted twice for driving while intoxicated, and was currently driving with a suspended license the night of the murder. (His license was still suspended at the time of the trial.) Daniel Chobert was also on probation for arson of a school. Judge Sabo refused to allow the defence the opportunity to make the jury aware of Chobert’s convictions. According to Chobert’s testimony at the 1995 hearing, he had asked the prosecutor during the trial “if he could help me find out how I could get my license back”, which was “important” to him because “that’s how I earned my living.” According to Chobert, the prosecutor told him that he would “look into it.” (Also see in my first post how another witness who claimed attempts of coercion by the police, to force her to name Abu-Jamal as the killer, was also prevented by the judge from having her testimony heard by the jury.)
As far as the “fleeing shooter myth”, that is not given a lot of airplay in the Amnesty International report, since their main concern is the unfairness of the original trial, not in proving Abu-Jamal’s innocence.
Not allowed to defend himself:
Originally Mumia Abu-Jamal was allowed to represent himself with Anthony Jackson being backup counsel. (Abu-Jamal was dissatisfied with Jackson’s performance.)
During jury selection on the third day of the trial, at the suggestion of the prosecution, Judge Sabo withdrew permission for Mumia Abu-Jamal to act as his own attorney – supposedly only for the duration of jury selection. Judge Sabo based this decision on Abu-Jamal’s alleged slowness in questioning potential jurors and on the grounds that his status as an accused murderer instilled fear and anxiety in the jurors. However, Judge Sabo did concede that “…it is true I have not rebuked Mr. Jamal at any time [during jury selection].”
Jackson objected to the ruling, pointing out to Judge Sabo that “The last case I had before you, it took us nine days to select a jury and it certainly didn’t have as much publicity as this case”. Jackson noted that jury selection in another homicide case had taken five weeks to complete. He went on to state that “in all homicide cases, particularly in capital cases… jurors express some apprehension, some unsettlement, some fear with regard to the whole process.”
The Philadelphia Inquirer described Abu-Jamal’s conduct prior to his removal as lead counsel as “intent and business like” and “subdued”. In the first two days of the trial, Abu-Jamal had questioned 23 prospective jurors, successfully challenging two for “cause” (bias), defeating a prosecution challenge for cause, and exercising two peremptory strikes (the right to remove a prospective juror without giving reasons).
Amnesty International also concluded that Judge Sabo’s comment that “You have indicated to this court that you do not have the expertise necessary to conduct voir dire” (jury selection) is likewise not supported by the record. At no point was he rude or agressive, his examination of the jurors took a similar time than the prosecutor’s examination, and he was instrumental in successfully challenging two for “cause” (bias), defeating a prosecution challenge for cause, and exercising two peremptory strikes (the right to remove a prospective juror without giving reasons).
After the trial proper began, Mumia Abu-Jamal began to represent himself. An indication of the tense situation between Judge Sabo and Abu-Jamal, near the beginning of the trial, is shown by this incident. Mumia Abu-Jamal also requested that John Africa be allowed to sit at the defence table, in order to provide legal and tactical advice throughout the trial. This request was permissible under Pennsylvania law but was denied by Judge Sabo. When pressed by Abu-Jamal, who gave examples of other judges who had allowed non-lawyers to sit at the table of defendants, Judge Sabo stated that unless there was a legal precedent, he did not care what other judges did, and continued to refuse the request. Soon afterwards Judge Sabo prohibited Mumia Abu-Jamal from representing himself. The Amnesty International report says that Abu-Jamal became disruptive after the interdiction to represent himself, but not before.
The ill-prepared lawyer
Please notice that my original post called him ill-prepared, not incompetent. Anthony Jackson admits this himself. See-below.
Jackson also protested at being appointed as backup counsel, stating that he did not know what it entailed, but was told by the judge; “You can fight that out with Mr. Jamal.” Jackson was given no clarification by the court as to his role in the trial as backup counsel.
In a sworn affidavit dated 17 April 1995, Jackson admitted to being “unprepared” for trial and that he “abandoned all efforts at trial preparation” three weeks before the start of the trial after Mumia Abu-Jamal had obtained the right to represent himself.