for Bigtrial.net
Lawyers for the widow of slain Police Officer Danny Faulkner filed a petition in court today seeking to disqualify District Attorney Larry Krasner from serving as prosecutor in the most recent appeal filed on behalf of Mumia Abu-Jamal, Faulkner's convicted killer.
On Dec. 23rd, 40 years after Faulkner was murdered, lawyers for Abu-Jamal filed the latest appeal in the long-running case, seeking for the sixth time to get Abu-Jamal out of jail.
The basis for the most recent appeal was alleged new evidence supposedly discovered by Krasner himself in December 2018, while he was wandering around the D.A.'s office.
In an email today to supporters of Faulkner's widow, Maureen, George Bochetto, the lawyer who's representing her, said that the latest Mumia appeal is "replete with lies, fabricated accusations of prosecutorial misconduct, and worn out allegations of racism."
"The problem is, Philadelphia D A. Larry Krasner wants to spring Abu-Jamal from jail --- and to claim such freedom as his crown-jewel of 'criminal justice reform,'” Bochetto wrote.
"The Supreme Court made it crystal clear," Bochetto said in 2020, that any further appeals by Abu-Jamal "should be be handled by the attorney general's office."
It began on Dec. 9, 1981 on Locust Street, between 12th and 13th Streets, when Officer Faulkner pulled over William Cook. Faulkner, who had radioed for backup, was in the process of handcuffing Cook when his brother, then known as Wesley Cook, crossed the street and shot the police officer in the back.
"As Officer Faulkner lay on the ground bleeding, Jamal shot him four more times at close range, once through the center of his face," Faulkner's lawyers wrote in their Nov. 12th King's Bench petition to the state Supreme Court, asking that Krasner be disqualified as prosecutor in the case.
A jury convicted Cook/Jamal of first degree murder in 1982, Faulkner's attorneys wrote, "based on overwhelming evidence, including multiple eyewitness identifications," and Jamal's admission to a hospital security guard and another police officer that "I shot the motherfucker and hope he dies."
In their latest appeal, Abu-Jamal's lawyers claim that the new evidence included a letter from Robert Chobert, an eyewitness in the Faulkner murder, to the prosecutor, a letter that allegedly shows that Chobert was "offered payment in connection with his testimony."
Mumia's lawyers also argued that prosecutor McGill was improperly tracking the race of all prospective jurors in the case, with the intention of excluding minorities. They also claim that McGill gave Cynthia White, a prostitute who was another eyewitness to the murder of Faulkner, "incentives and promises" to testify, because McGill was supposedly tracking her subsequent prosecutions for misdemeanors.
In his affidavit, McGill stated that none of those allegations were true.
After the Abu-Jamal trial was over, McGill wrote in his affidavit, he thanked Chobert for his testimony, which the prosecutor said was given "at great risk to his own personal safety."
At that time, the prosecutor said, he asked if he could do anything for Chobert, and the witness asked if he could be "compensated for the time he lost from his taxi business." In his affidavit, McGill said he told Chobert he would "look into it." In his letter to McGill, Chobert apparently was trying to remind McGill about the possibility of being compensated.
But the conversation between McGill and Chobert happened after the trial. Same for Chobert's letter, included in the alleged newly discovered evidence. It was written by Chobert in August 1982, a month after Abu-Jamal was convicted.
"The suggestion that I paid a witness to testify is offensive and particularly preposterous given the timing" of the witness's original identification of Mumia as the shooter, McGill said, which was done well before McGill ever entered the case as prosecutor.
McGill conceded his handwritten notes from the trial did list the race of the prospective jurors, as well as where they lived, their vocations and the vocations of their relatives, etc. He said the original jury he picked had four blacks, but one was struck by lawyers for Mumia and a second was dismissed by the trial judge.
Two black jurors, McGill said, remained on the jury that convicted Mumia.
But a Municipal Court judge subsequently decided to dismiss the charges against White for a variety of reasons that included the failure of a witness to appear despite being under subpoena and a police officer retiring and being unable to testify against White.
"I never took any steps to intervene in the prosecution of Cynthia White for any crime," McGill wrote. She testified "bravely and truthfully and I admired her for her part in bringing to justice a man who executed a police officer in cold blood."