The Introduction to this 1995 book by E.L. Doctorow states, “Because he could not afford a lawyer, [Jamal] chose to represent himself. The presiding judge… complained that Mr. Jamal was taking too long interviewing the jurors, and replaced him with a court-appointed lawyer, who by his own statement was reluctant to take the case. Mr. Jamal objected and was eventually put out of the courtroom, the first or several exclusions that, all told, would absent him from large portions of the trial. Another problem Mr. Jamal faced was hit younger brother’s inability or unwillingness to testify in his behalf. Mr. Jamal’s lawyers said William Cook had a history of drug problems and was terrified of police retribution. (He is now believed to be homeless and has not been seen in a year.)” (Pg. 4)
He continues, “Of the two eyewitnesses who positively identified Mr. Jamal as the gunman, one was a prostitute with several charges pending against her and the other was a cab driver on probation on a felony arson conviction. No other witnesses saw the prostitute at the scene… no effort was made by the police to determine if Mr. Jamal’s pistol had been fired that night. Moreover, the Police Department’s own medical examiner concluded that the officer’s fatal head wound was made by a .44 caliber bullet. Mr. Jamal’s pistol was a .38 caliber. The two witnesses who had been in the hospital waiting room with Mr. Jamal, and who testified that he shouted defiantly that he had shot Officer Faulkner , turned out to be the officer’s former partner and best friend and a hospital security guard who was also a friend… neither … said anything about a confession until months later---after Mr. Jamal filed a complaints that he was abused by the police while in the hospital… The prosecution’s claim that Mr. Jamal was shot while standing over the fallen officer is not consistent with a pathologist’s report describing the downward trajectory of his chest wound.” (Pg. 5-6)
Jamal’s chief counsel, Leonard Weinglass, noted that “The defense relied upon notes taken by Officer Wakshul to… rebut the prosecution’s contention that Mr. Jamal had confessed. Officer Waksul’s notes specify that: ‘During this time the negro male made no comments’… the court impatiently add[ed], ‘I am not going to go looking for anybody now. You had the opportunity to let us know in advance and we could have made the effort to bring him in.’ … The prosecution’s contention that Mr. Jamal himself admitted shooting Officer Faulkner---particularly, its contention that the admission was uttered in a vulgar and remorseless manner---was extremely prejudicial to the defense.” (Pg. 50-51)
He explains, “The Commonwealth’s expert asserted he was unable to match the fatal bullet because it was too debraided for comparison purposes… he did not perform further tests that might have EXCLUDED Mr. Jamal’s gun… Mr. Jamal’s gun was recovered moments after Officer Faulkner was shot, but not evidence was produced that Mr. Jamal’s gun had been recently fired… The prosecution argued that Mr. Jamal was shot while standing by a falling Officer Faulkner shooting up at him… an expert pathologist, John A. Hayes, Jr. … [argued that this was] medically impossible due to the downward trajectory of the path of the bullet through Mr. Jamal’s body… The nagging unanswered question throughout the trial was when and now Mr. Jamal got shot… The problem for the prosecution was that if Mr. Jamal received his critical gunshot wound first it would have exonerated Mr. Jamal from the shooting of Officer Faulkner in the back and then the face.” (Pg. 55-57)
He acknowledges, “The rift between attorney Jackson and client Mr. Jamal was unbridgeable… Mr. Jackson repeatedly urged the court to permit him to withdraw as counsel to Mr. Jamal, noting Mr. Jamal’s adamant desire to represent himself, his refusal to cooperate with---and indeed, even to talk to---attorney Jackson, and the constant fighting between the two… Attorney Jackson made it clear to the court… that Mr. Jamal refused… to consult with, and assist, attorney Jackson.” (Pg. 68)
He recounts, “The initial event from which the shooting unfolder was not in dispute. Officer Faulkner pulled a Volkswagen over for a traffic stop… Although the number of people in the Volkswagen was unclear, one occupant was Billy Cook, Mr. Jamal’s brother. One of the Volkswagen’s occupants got out of the car, and a struggle with the officer began. Mr. Jamal approached the scene… The prosecution’s witnesses viewed the events at about 4:00 am through the flashing red lights of Officer Faulkner’s police car…. The prosecution’s only black witness was Cynthia White, whom the other witnesses said was not even there… Despite all this, the court refused Mr. Jamal’s requests for a line-up identification.” (Pg. 143)
This book will be “must reading” for those study Mumia Abu-Jamal’s case.
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