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 Arnold R. Beverly

I, Arnold R. Beverly, state that the following facts are true and correct:

• I was present when police officer Daniel Faulkner was shot and killed in the early morning hours of December 9, 1981 near the corner of Locust and 13th Streets. I have personal knowledge that Mumia Abu-Jamal did not shoot police officer Faulkner.
  I was hired, along with another guy, and paid to shoot and kill Faulkner. I had heard that Faulkner was a problem for the mob and corrupt policemen because he interfered with the graft and payoffs made to allow illegal activity including prostitution, gambling, drugs without prosecution in the center city area.
• Faulkner was shot in the back and then in the face before Jamal came on the scene. Jamal had nothing to do with the shooting.
• Before the shooting, I was shown a picture of Faulkner and told that Faulkner was supposed to check something at Johnny Ds (at 13th and Locust) sometime in the early morning hours of December 9.
• Two of us were hired for the shooting so that either of us could take the opportunity to make the hit, get the job done, and leave. The other guy gave me a .38 caliber policeman’s special and I was also carrying my own .22 caliber revolver.
• I waited at the speedline entrance at the north east of corner of Locust and 13th at the parking lot, I was wearing a green (camouflage) army jacket. The other guy waited on the south side of Locust street east of 13th Street towards Camac Street.
• While I was waiting at the speedline entrance for Faulkner to arrive at the location, I saw police officers in the area. Two undercover policemen were standing on the west side of 13th north of Locust. Also a uniformed police officer was sitting in a car in the corner of the parking lot, They were there while the shooting of Faulkner took place. I was not worried about the police being there since I believed that since I was hired by the mob to shoot and kill Faulkner, any police Officers on the scene would be there to help me.
• After a while I saw Faulkner get out of a small police car parked behind a VW parked on Locust Street, east of 13th St. Faulkner was alone. He got out of the police car end went up to the vw.
• I heard a shot ring out coming from east on Locust Street, Faulkner fell on his knee on the sidewalk next to the VW. I heard another shot and it must have grazed my left shoulder. I felt something hard on my left shoulder. I grabbed at my shoulder and got blood on my hand.
• I ran across Locust Street and stood over Faulkner, who had fallen backwards on the sidewalk, I shot Faulkner in the face at close range. Jamal was shot shortly after that by a uniformed police officer who arrived on the scene.
• Cop cars came from all directions. Foot patrol also arrived. I saw a white shirt getting out of a car in the middle of the 13th & Locust intersection just as I was going down to the speedline steps.
• I left the area underground through the speedline system and by pre-arrangement met a police officer who assisted me when I exited the speedline underground about three blocks away. A car was waiting for me and I left the center city area.

Arnorld R. Beverly
6-8-99