United States District Court
Eastern District of Pennsylvania
Case No. 99 Civ 5089 (Yohn),
Martin Horn, Commissioner, Pennsylvania Department of Corrections,
Connor Blaine, Superintendent of the State Correctional Institution at Greene,
Declaration of Mumia Abu-Jamal
I, Mumia Abu-Jamal, declare:
- 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:
- I did not shoot Police Officer Daniel Faulkner. I had nothing to do with the killing of Officer Faulkner. I am innocent.
- 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.
- 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.
- 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.
- 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:
- As a cabbie I often chose 13th and Locust Street because it was a popular club area with a lot of foot traffic.
- I worked out of United Cab on the night of 12/9/81.
- I believe I had recently returned from dropping off a fare in West Philly.
- I was filling out my log when I heard some shouting.
- I glanced in my rear view mirror and saw a flashing dome light of a police cruiser. This wasnít unusual.
- I continued to fill out my log/trip sheet when I heard what sounded like gun shots.
- I looked again into my rear view mirror and saw people running up and down Locust.
- As I scanned I recognized my brother standing in the street staggering and dizzy.
- I immediately exited the cab and ran to his scream.
- 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.
- I closed my eyes and sat still trying to breath.
- The next thing that I remember I felt myself being kicked, hit and being brought out of a stupor.
- When I opened my eyes, I saw cops all around me.
- They were hollering and cursing, grabbing and pulling on me. I felt faint finding it hard to talk.
- 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.
- I was pulled to my feet and then rammed into a telephone pole beaten where I fell and thrown into a paddy wagon.
- 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.
- I donít remember what he said much except a lot of "niggers", "black motherfuckers" and what not.
- I believe he left and I slept. I donít remember the wagon moving for a while and when it did for sometime.
- I awoke to hear the driver speaking over the radio about his prisoner.
- I was informed by the anonymous crackle on the radio that I was en route to the police administration building a few blocks away.
- Then, it sounded like "l.D.íd as M-1" came on the radio band telling the driver to go to Jefferson Hospital.
- Upon arrival I was thrown from the wagon to the ground and beaten.
- I was beaten again at the doors of Jefferson.
- Because of the blood in my lungs it was difficult to speak, and impossible to holler.
- I never confessed to anything because I had nothing to confess to.
- I never said I shot the policeman. I did not shoot the policeman.
- 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.
Mumia Abu -Jamal