United States District Court
Eastern District of Pennsylvania

Mumia Abu-Jamal,
Case No. 99 Civ 5089 (Yohn),
Petitioner,

-vs-

Martin Horn, Commissioner, Pennsylvania Department of Corrections,
and
Connor Blaine, Superintendent of the State Correctional Institution at Greene,
Defendants.

Declaration of Mumia Abu-Jamal

I, Mumia Abu-Jamal, declare:

1. I am the Petitioner in this action. If called as a witness I could and would testify to the following from my own personal knowledge:
2. I did not shoot Police Officer Daniel Faulkner. I had nothing to do with the killing of Officer Faulkner. I am innocent.
3. At my trial I was denied the right to defend myself, I had no confidence in my court-appointed attorney, who never even asked me what happened the night I was shot and the police officer was killed, and I was excluded from at least half the trial.
4. Since I was denied all my rights at my trial I did not testify. I would not be used to make it look like I had a fair trial.
5. I did not testify in the post-conviction proceedings in 1995 on the advice of my attorney, Leonard Weinglass, who specifically told me not to testify.
6. Now for the first time I have been given an opportunity to tell what happened to me in the early morning hours of December 9, 1981. This is what happened:
7. As a cabbie I often chose 13th and Locust Street because it was a popular club area with a lot of foot traffic.
8. I worked out of United Cab on the night of 12/9/81.
9. I believe I had recently returned from dropping off a fare in West Philly.
10. I was filling out my log when I heard some shouting.
11. I glanced in my rear view mirror and saw a flashing dome light of a police cruiser. This wasn’t unusual.
12. I continued to fill out my log/trip sheet when I heard what sounded like gun shots.
13. I looked again into my rear view mirror and saw people running up and down Locust.
14. As I scanned I recognized my brother standing in the street staggering and dizzy.
15. I immediately exited the cab and ran to his scream.
16. As I came across the street I saw a uniformed cop turn toward me gun in hand, saw a flash and went down to my knees.
17. I closed my eyes and sat still trying to breath.
18. The next thing that I remember I felt myself being kicked, hit and being brought out of a stupor.
19. When I opened my eyes, I saw cops all around me.
20. They were hollering and cursing, grabbing and pulling on me. I felt faint finding it hard to talk.
21. As I looked through this cop crowd all around me, I saw my brother, blood running down his neck and a cop lying on his back on the pavement.
22. I was pulled to my feet and then rammed into a telephone pole beaten where I fell and thrown into a paddy wagon.
23. I think I slept until I heard the door open and a white cop in a white shirt came in cursing and hit me in the forehead.
24. I don’t remember what he said much except a lot of "niggers", "black motherfuckers" and what not.
25. I believe he left and I slept. I don’t remember the wagon moving for a while and when it did for sometime.
26. I awoke to hear the driver speaking over the radio about his prisoner.
27. I was informed by the anonymous crackle on the radio that I was en route to the police administration building a few blocks away.
28. Then, it sounded like "l.D.’d as M-1" came on the radio band telling the driver to go to Jefferson Hospital.
29. Upon arrival I was thrown from the wagon to the ground and beaten.
30. I was beaten again at the doors of Jefferson.
31. Because of the blood in my lungs it was difficult to speak, and impossible to holler.
32. I never confessed to anything because I had nothing to confess to.
33. I never said I shot the policeman. I did not shoot the policeman.
34. I never said I hoped he died. I would never say something like that.

I declare under penalty of perjury under the laws of the United States that the above is true and correct and was executed by me on 3 May, 2001, at Waynesburg, Pennsylvania.

(signed)
Mumia Abu -Jamal