Talk:Mumia Abu-Jamal
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Typo
The is a typo in the section "Involvement with the Black Panthers", FBI is misspelled as Federal Bureau of Investigaion.
Sources: "Wettlauf Gegen Den Todd" is misspelled, right is: "Wettlauf gegen den Tod" (one "d"!). German only uses capital letters only for nouns and names, but not for verbs etc. in headlines or titles.
Why no murder details?
I note that we have extensive sections on which bands have written songs about Mumia, but no description AT ALL of the way he sat on Officer Faulkner's chest and fire multiple rounds into Faulkner's face at point-blank range. Can someone explain why the former is considered "Wiki-Worthy", while the latter is not?
Also, I can't help but wonder why this article in particular gets a "this is not discussion forum" tag. Especially in light of the fact that the Tab that gets you here is marked "discussion". It would appear that whatever Moderator is in charge of this section has his head so firmly up Wesley Cook's ass that they both get their teeth brushed at the same time. This isn't a matter of being "Pro Mumia" or "Anti Mumia". It's a matter of wondering why Wikipedia is allowing this particular article to be used as a Propaganda Tool. Issues that are actually relevant to the case, such as a DESCRIPTION OF THE MURDER are being purposely omitted, while irrelevant nonsense like "A band played on Letterman and chanted Free Mumia" is given bandwidth. -Preceding unsigned comment added by 75.169.107.125 (talk) 15:43, 26 July 2009 (UTC)
- It's not that the "this is not a discussion forum" tag is unfairly applied here; most other controversial articles usually have them, or they're applied when enough people have started posting about the subject and not the article. If you want to add details of the murder, you can, if you can source it, as this is a wiki, and there are be bold rules and stuff. If it's really as you say, I'd advise you to add the details yourself (I don't know much about the subject at hand). Also note that the article links to a more detailed description of the case (though it's a little hard to find...).
- ±µÅ’ ¤â‚¦â‚¬ ₮ł-Å‚í‹ \/ʉ₦฿ʉ£§ â‚£í†í…â‚© ( â‚® / ©) 02:48, 13 August 2009 (UTC)
This man is as innocent as OJ -Preceding unsigned comment added by 76.246.46.126 (talk) 12:50, 8 September 2009 (UTC)
Agreed, I came to this page to gain a better understanding of the court case and left with absolutely nothing in the regard. Could someone with more experience editing wiki pages please clear this up & add more details? A case that generates as much public out cry as this deserves a clear & detailed summary. I'd do it myself if i knew anything about it, or could edit wiki pages with any success. -Preceding unsigned comment added by 71.201.113.143 (talk) 18:23, 13 May 2010 (UTC)
NPOV and editorializing
As is common for a contentious topic such as this, there has been a flurry of edits and reverts regarding a few phrases in this article. One, which I have just reverted, is the addition of "despite the overwhelming evidence against him" into the trial section. I have taken this out because it does not reflect a WP:NPOV and is poor encyclopedic writing due to its editorial nature. The evidence against Abu-Jamal that led to his conviction is factual and laid out in the article, so we should let the reader form their own opinion of whether it was overwhelming.
A separate edit changes the active voice "Abu-Jamal shot and killed Faulkner" with "Faulker was shot dead" (paraphrase). There was a comment to see talk, which I think refers to the bias section above. As I read it that section, I do not see consensus that the passive voice should be used. In my opinion the passive voice here is not only a poor choice editorially but also subtly but significantly weakens the neutral point of view of the article. Jminthorne (talk) 01:30, 11 September 2009 (UTC)
- I can't find a consensus for your version. Lapsed Pacifist (talk) 11:02, 11 September 2009 (UTC)
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- I agree that the bias discussion is too forked and rambling to be used as consensus for either version. I am fine with either waiting a few days to see if anyone else posts an opinion, or inviting feedback at 3rd opinion or RfC. Jminthorne (talk) 19:24, 12 September 2009 (UTC)
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- Sounds good. Lapsed Pacifist (talk) 10:46, 13 September 2009 (UTC)
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While I usually dislike the passive voice, I think it works better here because a) a good chunk of the interest in Mumia and this page lies in the fact that there is some doubt as to whether he killed the officer. The passive voice reflects that, while the rest of the article lays out the evidence that he did kill him and makes it clear that many jurors and witnesses believed this to be true. b) the passive voice avoids taking a stand as to whether he killed the officer or not. Writing Mumia killed the officer, in an article about a man that many believe is innocent, is taking a stand on one side of the fence. c) the passive voice increases the narrative flow of the article. We find out what happened, then we see the evidence, then we see the decision. -Preceding unsigned comment added by 99.252.62.154 (talk) 21:40, 5 October 2009 (UTC)
Popular Culture
I removed the following from this section:
- The references and treatment evoke him either as a representative of death row prisoners in the United States, as a revolutionary, as a man either deservingly or undeservingly subject to punishment, or as a convicted murderer capable of enlisting others to the cause of maintaining his life and opposing the imposition of capital punishment.
This is so diffuse that it is meaningless.--Jack Upland (talk) 10:50, 14 September 2009 (UTC)
Who Was In The Car?
The way the article is worded it gives the impression that Abu-Jamal was driving by himself in his brothers car and he was pulled over. It's not mentioned that his brother was there or involved at all except to say he gave a statement at the scene. I'd clean it up myself but I'm not sure what the facts are based on ths article. 173.73.59.18 (talk) 09:25, 17 September 2009 (UTC)
- Added "Abu-Jamal's own vehicle was parked across the street." DrKiernan (talk) 09:58, 17 September 2009 (UTC)
Links to Court/Docket sheets.
I have available the 'court portal' of my area and you can easily look up Wesley Cook-Mumia's birth name-and you will find that thisman was charged in 1972(aged 18) with carrying a concealed weapon. I submit the appropriate links-you can look about yourself as well. You can more than likely from this webpage find your way to the court transcripts.
at age 18: http://ujsportal.pacourts.us/docketsheets/CPArchiveReport.aspx?matterID=102629468
Date of murder: http://ujsportal.pacourts.us/docketsheets/CPArchiveReport.aspx?matterID=102880897
Court Summary from Jan 82-btw he pled guilty to the gun charges: http://ujsportal.pacourts.us/docketsheets/CourtSummaryReport.aspx?matterID=103268363 docket sheet: http://ujsportal.pacourts.us/docketsheets/CPReport.aspx?matterID=103268363
interestingly there is another man named Wesley Cook whose b-day is in 1956 with quite an arrest record. The same b-day as Mumia's younger brother William, the other man involved in the crime. William's aka included Wesley Cook aka Mumia AbuJamal: http://ujsportal.pacourts.us/docketsheets/CPArchiveReport.aspx?matterID=103014999
Recent Appeal as of 12/7/09: http://ujsportal.pacourts.us/docketsheets/SupremeCourtReport.aspx?docketNumber=602CAP
Thing is, Cook, aka Abu-Jamal was prosecuted once of carrying a concealed gun since he was at least 18. Daniel Faulkner was shot point blank in the face(part of the autoposy). There is no doubt that Mumia and his brother were involved in the death of Faulkner. A first degree conviction should stand on the fact that it is the law in PA, when a police officer is murdered. Removing the info that the police officer was killed in the line of duty was removal of a fact in this event. It just seems as if the NPOV of this page is in question over and over again. Clearly Mumia was protecting the younger brother who was always in the habit of being in trouble: http://ujsportal.pacourts.us/docketsheets/mc.aspx
(look under the name William/Wesley Cook, dob 1956)
It's patently obvious, based upon court documents and transcripts that Mumia and his brother caused the death of Daniel Faulkner. Neither should be allowed to get away with it as Mumia's brother has, and how Mumia still tries to get out of jail and allow no one to pay for the crime of murder.This is not a POV, but logical and based upon factual information. Brattysoul (talk) 00:15, 19 December 2009 (UTC)
His brother William Cook
Did Jamal's brother William Cook ever testify? The article says "Abu-Jamal did not testify in his own defense. Nor did his brother, who said at the crime scene, "I ain't got nothing to do with this."[42]" Why didn't the prosecution compel testimony from William Cook?
Bronze950 (talk) 19:09, 20 January 2010 (UTC)
Probably because investigators were unable to get a statement from him. If that was the case, no prosecutor would put him on the stand without having first obtained a statement from him that incriminated his brother. 74.118.32.5 (talk) 21:46, 26 January 2010 (UTC)
- I don't understand that. Are prosecuting attorneys unable to question unfriendly witnesses? Does a brother have immunity in a capital murder case from testimony? Is that the reality of the actual judicial system, prosecutors never pursue discovery is the court room by examination or cross examination? Are they that lazy, corrupt, or what is it that prevents the prime witness from being examined in court? 72.228.177.92 (talk) 09:54, 23 February 2010 (UTC)
- Yes, if testifying is likely to incriminate the witness. DrKiernan (talk) 09:51, 23 February 2010 (UTC)
- Sorry, I don't understand, how is the possibility of the witness incriminating himself relevant? Are you saying that he exercised his 5th amendment rights? That would be an explanation that made some sense but it still doesn't explain why they didn't force testimony where that right would be asserted and some examination would take place. 72.228.177.92 (talk) 09:54, 23 February 2010 (UTC)
- I can't find any direct sources for that, but Cook was charged, tried and convicted for aggravated assault against Faulkner. Prosecutors can't call defendants to give testimony at trials directly related to their own crimes. So, rather than Cook refusing to testify, I think it was a case of prosecutors not calling him. DrKiernan (talk) 12:30, 23 February 2010 (UTC)
- Sorry, I don't understand, how is the possibility of the witness incriminating himself relevant? Are you saying that he exercised his 5th amendment rights? That would be an explanation that made some sense but it still doesn't explain why they didn't force testimony where that right would be asserted and some examination would take place. 72.228.177.92 (talk) 09:54, 23 February 2010 (UTC)
- Yes, if testifying is likely to incriminate the witness. DrKiernan (talk) 09:51, 23 February 2010 (UTC)
Is there a smart truthful person ...
... that knows or can say what the matter of fact in the murder case here is? 1981 was only 30 years ago, were the forensics completely botched? The matter of fact of whether or not Abu-Jamal was the shooter should be clearly determinate since I take it the wounds he received prevented him from leaving the scene.
A .38 caliber Charter Arms revolver, belonging to Abu-Jamal, with five spent cartridges was retrieved at the scene. The shell casings and rifling characteristics of the weapon were consistent with bullet fragments taken from Faulkner's body.[36] Tests to confirm that Abu-Jamal had handled and fired the weapon were not performed: Abu-Jamal's struggle with the police during his arrest would have rendered any such test results scientifically unreliable.[37]
The above seems to be the problem. Is there a failure of understanding of scientific forensics purposeful or otherwise or do the rifling analyses unambiguously identify the murder weapon? Were his fingerprints found and analysed on the weapon or was that evidence contaminated? I don't see how his struggle would have necessarily rendered any and all evidence taken at the crime scene unreliable (e.g. powder from the repeated firings). In the case of Who the Fuck is Jackson Pollock the Pollock fingerprint did it for me, especially the facts surrounding its discovery. It looks like people confuse here two regrettable things, homicidal racist police forces as that of Philadelphia probably was and may still be and the facts of a particular homicide. 72.228.177.92 (talk) 09:43, 23 February 2010 (UTC)
I know this is a comment about the facts not the article, but since you asked...Yes. He killed him. The evidence was conclusive, and the "doubt" seems to increase in proportion to distance from Philadelphia. For a good account of the evidence, and full trial transcripts, read Smerconish's book on the topic. 205.156.84.229 (talk) 23:06, 13 July 2010 (UTC)
Removing SPJ references
I am removing a claim that Abu-Jamal was a recipient of awards from the Society of Professional Journalists as a search on the SBJ website only reveals 2 articles about Abu-Jamal and neither make any mention of him winning any awards of any kind. The cite that makes this claim of SPJ awards references a book which is biased in favor of Abu-Jamal. -Preceding unsigned comment added by 98.236.190.35 (talk) 14:02, 18 March 2010 (UTC)
Obama pardon
Although Obama has shown no interest in such a pardon, why is Obama under intense pressure from his supporters to pardon Mumia? 172.129.244.51 (talk) 01:51, 27 June 2010 (UTC)
- It is a test of whether or not Obama is of sufficient "blackness", whatever that means. 38.104.59.114 (talk) 21:59, 7 July 2010 (UTC)
Whether to report that Faulkner was killed by Mumia Abu-Jamal
I'm removing the recent edit that said that Faulkner was killed by the subject. The subject was convicted of the murder, but whether he actually did it is in dispute. WP requires that all significant viewpoints be represented fairly, and since considerable doubt exists about whether the subject actually committed the murder, reporting conclusively that he did is POV. By the way, I agree that the subject's own claim of innocence is generally insufficient to require neutral wording about culpability. My argument is not that the subject himself has claimed innocence, but that large numbers of *other* notable people have said that the subject's guilt has not been fairly proven. MichaelBluejay (talk) 03:26, 30 June 2010 (UTC)
Removal of line that is POV and not fact
'His struggle with arresting police at the scene would have compromised the forensic value of any such test'.
This cannot be included in the article as neutral fact, as it is a point of view disagreed on by prosecution and defence. I am deleting it:
The expert defence witness George Fassnacht states, in citation 37 (http://www.justice4danielfaulkner.com/pcra/95-08-02.html)
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'Q. And were you able to identify areas based on your review of those materials where you felt work should have been done in 1982 and wasn't done for lack of funds? GF. Yes. I believe that the powder residue testing should have been duplicated by the defense to ascertain why lead residue was found, primer gun residue was found on the jacket, and no powder, no gunpowder residue. And an examination of the bullet itself to, the bullet that was removed from Officer Faulkner, to determine if there were any markings on there which would identify it or rule it out as being fired from the evidence weapon. The absence of any mention in the reports of testing of the Defendant's revolver to determine whether or not it had been recently fired, most common of which is smelling it. There is a particular smell to a recently-fired firearm which lasts for several hours. And the last item I believe was the testing of the Defendant's hands, which probably could have been accomplished without too much difficult, to determine if in fact he had fired a firearm.' on page 123 of the transcript: Q. If we add in Counsel's little addition here, that would be all the more reason why it would be a likely failure to show anything on this test -- now we got another handcuffing of the hand -- does that help show that there is more residue or make it less likely that there is residue? GF. It depends on where the handcuffs, as you have stated, where the hands were handcuffed. Where they remained. You have given me a position behind the back with the dorsal surface of the hand against the clothing, the back of the coat jacket, whatever. And we agreed that that could result in the destruction of residue. But if, on the other hand, somebody had a hand handcuffed and it was stretched out there is no reason the test couldn't be performed. Q. So does Mr. Weinglass' addition aid you in this inquiry? GF. Well, I believe as I understood just now what he said, that a hand was handcuffed -- Q. Yes. GF. -- not behind the back. Q. Yes. GF. And that hand would have been proper, a proper subject for the test we've discussed. Q. Does that aid you in answering this question, Mr. Weinglass' addition? A. I think I just answered it. Q. I didn't -- A. Unless I missed something, I'm sorry. Q. I didn't hear an answer in those words. I was wondering. A. Well, I am saying that given the conditions that he has -- Q. Yes? A. -- set forth, that there would be purpose in doing the test and one could expect reasonably to find residue. and on page 125 of the transcript: 'Q. Are you saying within a reasonable degree of scientific certainty you expect to find gunshot primer residue on Mr. Jamal's hands? GF. It's possible. Q. No, beyond a reasonable degree of scientific certainty is beyond possibly, it is beyond -- GF. It would be speculation on my part. In fact you are speculating that the residue had been destroyed and therefore there would be no point in taking the test. But in fact you don't know that the residue was destroyed. You're assuming that because of certain activity that took place, that this residue is gone and therefore it would be pointless. I don't know that. Therefore this line 'His struggle with arresting police at the scene would have compromised the forensic value of any such test' is being removed from the article forthwith. PadraigT (talk) 01:16, 17 July 2010 (UTC) Selective editing of the transcript to support your own opinion is obviously not going to work when we can all read it for ourselves: Question: Now, at that point Mr. Jamal began struggling with several policemen at the scene of the crime, he attempted to keep his hands from being handcuffed behind his back by flailing his arms. It took several officers to bring his hands behind his back in order to properly handcuff him. You were not aware of that, were you? Fassnacht: No. Q. I assume you were also not aware that after Mr. Jamal was transported to Jefferson Hospital to be treated for the gunshot wound he received from Officer Faulkner, that upon being removed from the police wagon he then engaged in another struggle with the police, refusing to be removed from the wagon, then refusing to walk on his own and then refusing hospital treatment, all the time resisting police. It got to the point where a Municipal Court judge had to order the hospital because of his refusal to comply with their requests, she ordered the doctors to save his life if they could despite what he was doing. Defendant was handcuffed to the hospital gurney while awaiting this order for medical personnel to provide their services. Then the emergency room personnel removed his clothing, which consisted of a jacket and two shirts, in order to operate on him, of course. Then he was operated upon and remained in the hospital several days. Now, we are talking about, the area that you're, I guess, referring to is the web (indicating), the surface right here (indicating)? Fassnacht: And the palm. Q. And the palm. And you have already said that you remain abreast of literature in the field and you try to, basically, consider these factors, don't you, when you give your expert opinion? Fassnacht: The factors that you have just annunciated? Q. Yes. Fassnacht: The struggles and various -- Q. Yes. Fassnacht: Well, it is entirely possible that during a struggle, I don't know where he was grasped, but if you are saying that they had contacted his hands, particularly where a great deal of pressure was applied, they could have very well destroyed traces of powder residue if in fact such did exist. That is a possibility. Q. Yeah, well, let's just assume that when you are handcuffed behind your back most people are handcuffed like this (displaying)? Can you see me? Fassnacht: Yes. Q. This means that that web surface that you are describing is in direct contact with your body surfaces or the clothing that he wears; would that be fair to say? Fassnacht: Is that what, sir? Q. Would that be fair to say? Fassnacht: I didn't catch the last few words. Q. This portion between the index finger and the thumb would generally be in direct contact -- Fassnacht: Yes. Q. -- with the body surfaces and the clothing he wears? Fassnacht: That's reasonable, yes. Q. Well, I would like to read for you an excerpt from a text by, which was edited by the doctor slash attorney -- both a doctor and a lawyer, I guess -- Cyril Wecht? Fassnacht: I know him well. Q. You know him well? Fassnacht: Yes, sir. Q. His book was published in 1981, just about the time this murder was occurring. It's called 'Forensic Science, Law, Science, Civil and Criminal.' Dr. Wecht's publication, is his publication relatively widely known in your profession? Fassnacht: Yes; it is a three-volume set which is frequently updated, I guess, like an lot of legal texts, once a year. Q. That's right. This is volume three. Fassnacht: Yes. Q. And to quote it it says, firearm discharge residues that may be deposited on the shooter's hands can easily be washed off, wiped off, or, after a short period of time, worn off. Research has indicated that after approximately two hours of a normal day's activity, substantial amounts of the residue will be spontaneously lost, making it difficult to conclude that gunshot residue was present on the suspect's hands. Would you agree with that? Fassnacht: Not entirely. Q. What part don't you agree with? Fassnacht: I would, I would say if you adopted Dr. Wecht's statement as it stands there would be no further use for a police department using this test. But in fact they do. And why? Because they expect to find something. So why do this, why spin wheels, why do a test if you don't expect to find the residue? Q. Well, no test was done, was it, in this case? Fassnacht: No. Q. So they weren't spinning their wheels, were they? Fassnacht: Well, they didn't do the test. They didn't attempt to do the test. Q. Well, let me read you this. Fassnacht: But is the test still available is the question and is it presently used and if so why if it has no value? Q. Well, I guess I will ask the questions for a little bit longer. Fassnacht: Well, I don't mean to put that in interrogatory fashion. I am aware of my position, I am not asking you a question. It's rather a, by way of explaining. Q. Okay. Fassnacht: It is a rhetorical question, if you will. Q. Yes. You likewise are familiar, of course, I am sure with a work called 'Techniques of Crime Scene Investigation,' it is the third edition, by authors Svensson, Wendell and Fisher? Fassnacht: Yes. Q. Yes. At page 240-241 of that text, which is, that chapter is entitled Gunshot Residue Analysis? Fassnacht: Yeah. Q. They say that when primer is detonated, microscopic particles of gunshot residue are deposited on the hands of the shooter. They are present on the hands of the shooter with the greatest concentration being in the web area. The area that you described? Fassnacht: Yes. Q. These particles adhere to the hands but are removed by washing, wringing the hands, placing the hands in the pockets, and even handcuffing behind the back. Studies have shown that gunshot residue material will remain on the shooter's hands for up to about six hours. The particles are in the highest concentration immediately after the shooting and are eventually all lost over time, depending on what actions the shooter takes. Now, in addition to disagreeing with doctor-attorney Cyril Wecht, do you disagree with that statement? Fassnacht: Well, I would say first off I observed that they disagreed with Cyril Wecht. Because he says two hours. And it seems to be a disagreement among the published experts. Q. Not as to the activity that removes it? Fassnacht: We agreed on that. Q. That what? Fassnacht: I believe I agreed with you that being handcuffed with the hands behind the back could expose the web surfaces to the clothing and result in the loss of residue. Q. If you were them, the Philadelphia Police, knowing the activity that I have described to you that Mr. Jamal was engaging in, tell me when you would have snuck in there and taken that test from him, at what juncture, at which struggle? Fassnacht: Well, if they really wanted to take the test and if there were enough officers on hand I suppose he could have been spread-eagled and his hands held out and somebody grabbed a leg or two. It sounds preposterous but if he were struggling that vigorously, I suppose that would have been the only way to do it. And in light of what you told me, that test may have been very difficult to perform. Q. And when he was finally released from the hospital days later, are you suggesting that they should have taken the test then? Fassnacht: Oh, certainly not. That's -- Q. Certainly what? Fassnacht: Certainly not. That's preposterous. The test has to be done almost immediately. To continue directly from the above testimony, copied and pasted from the above source: Fassnacht: Certainly not. That's preposterous. The test has to be done almost immediately. Q. Well, what did they do that you are criticizing, sir? Fassnacht: The test as a tool, as an investigative tool to law enforcement, was available. The test was in use by the Philadelphia Police Department at the time. The test could have been used to determine whether or not in fact this gentleman had fired a firearm at the time he was alleged to. And the test was not used, whether there are reasons that it could not be effective or there was no attempt to use the test. Q. What do you think would have been the likely results if they had taken this residue at any point? Fassnacht: That would be speculation on my part. Q. And it would be fair to assume that they would have gotten no results because if people lose these particles 100 percent over the course of an ordinary day -- and they are not handcuffed behind their back and fighting with lots of police, are they? Fassnacht: No. Q. -- would it be reasonable to assume, Mr. Fassnacht, that it would have been a futile act and worth nothing at all? MR. WEINGLASS: Objection, Your Honor. Because Counsel's hypothetical did not include the fact that Mr. Jamal's hands were handcuffed to a stretcher within a half hour of the shooting when he was in the hospital but he did not include that in the hypothetical. So I object to the question as not being inclusive of all the facts in the record and available to Counsel who questions him but who conveniently omits key facts and then asks hypotheticals with those facts omitted. MR. GRANT: I will rephrase the question. BY MR. GRANT: Q. If we add in Counsel's little addition here, that would be all the more reason why it would be a likely failure to show anything on this test -- now we got another handcuffing of the hand -- does that help show that there is more residue or make it less likely that there is residue? Fassnacht: It depends on where the handcuffs, as you have stated, where the hands were handcuffed. Where they remained. You have given me a position behind the back with the dorsal surface of the hand against the clothing, the back of the coat jacket, whatever. And we agreed that that could result in the destruction of residue. But if, on the other hand, somebody had a hand handcuffed and it was stretched out there is no reason the test couldn't be performed. Q. So does Mr. Weinglass' addition aid you in this inquiry? Fassnacht: Well, I believe as I understood just now what he said, that a hand was handcuffed -- Q. Yes. Fassnacht: -- not behind the back. Q. Yes. Fassnacht: And that hand would have been proper, a proper subject for the test we've discussed. Q. Does that aid you in answering this question, Mr. Weinglass' addition? Fassnacht: I think I just answered it. Q. I didn't -- Fassnacht: Unless I missed something, I'm sorry. Q. I didn't hear an answer in those words. I was wondering. Fassnacht: Well, I am saying that given the conditions that he has -- Q. Yes? Fassnacht: -- set forth, that there would be purpose in doing the test and one could expect reasonably to find residue. Is that -- Q. Are you saying here today, that within a reasonable degree of, I guess for you it's artistic certainty, you after all that activity would have expected to find gunshot residue on the hands of Mr. Jamal? Fassnacht: First off I have to, all of this business is not art. Only the forensic comparisons of fired bullet specimens and fired cartridge cases. The rest is science. Q. The part you are talking about is science? Fassnacht: Yes. Q. Are you saying within a reasonable degree of scientific certainty you expect to find gunshot primer residue on Mr. Jamal's hands? Fassnacht: It's possible. Q. No, beyond a reasonable degree of scientific certainty is beyond possibly, it is beyond -- Fassnacht: It would be speculation on my part. In fact you are speculating that the residue had been destroyed and therefore there would be no point in taking the test. But in fact you don't know that the residue was destroyed. You're assuming that because of certain activity that took place, that this residue is gone and therefore it would be pointless. I don't know that. |
The statement as it stands:
'Tests to confirm that Abu-Jamal had handled and fired the weapon were not performed: his struggle with arresting police at the scene would have compromised the forensic value of any such test.'
I believe it should read:
'However tests to confirm that Abu-Jamal had handled and fired the weapon were not performed.' PadraigT (talk) 03:59, 19 July 2010 (UTC)
- That would omit key information. DrKiernan (talk) 07:17, 19 July 2010 (UTC)
- That information is in fact supposition posited by the prosecution and refuted by the defence as per the bolded testimony above. The statement as it stands: 'Tests to confirm that Abu-Jamal had handled and fired the weapon were not performed: his struggle with arresting police at the scene would have compromised the forensic value of any such test.' I believe it should read: 'However tests to confirm that Abu-Jamal had handled and fired the weapon were not performed.' PadraigT (talk) 01:03, 20 July 2010 (UTC)
| Given the testimony quoted above by PadraigT, would 'Tests to confirm that Abu-Jamal had handled and fired the weapon were not performed; the prosecution asserted that his struggle with arresting police at the scene would have compromised the forensic value of any such test.' be acceptable to the two of you?- --Andrensath (talk | contribs) 05:19, 20 July 2010 (UTC) |
I'm not keen because all the experts are agreed that the test can be compromised by time and contact. It's just that Fassnacht argues the test should have been done anyway. I would prefer to keep the original wording but change "would have compromised" to "could have compromised". DrKiernan (talk) 09:13, 20 July 2010 (UTC)
- I appreciate these suggestions. A problem for me in his struggle with arresting police at the scene would have compromised the forensic value of any such test is also the word struggle. Witness Dessie Hightower (pages 130-131 and and pages 162-165 of the following webpage of testimony http://www.justice4danielfaulkner.com/Days/6-28-82.html#tumosa) states under both examination and cross-examination that the defendant was beaten and kicked by between 3 and 5 of 8-9 arresting officers (the remainder looking on, according to his testimony) prior to the defendant being placed in the police van (and this after the defendant having been shot in the right chest by a 0.38 caliber gun at a range of 12 inches or less - on this both sides agree) - so this word 'struggle' is problematic. Given that, then what is being argued as compromising the value of the test(s) is a series of hypothetical, disputed events. In the original testimony (http://www.justice4danielfaulkner.com/Days/6-26-82.html#tumosa) all that's testified to by the prosecution's own witness Dr Tumosa is that the result of handling tests in general can be diminished over time and with activity, and then the prosecution posits a few loosely stated hypothetical events, and asks whether all taken together would in theory compromise the value of the firing test. The actual occurance of the events is not established. I think the whole area of testing and struggle is generally a problematic area to make a short and indicting statement about, which is why I think it might be best to remove that second half of the sentence. PadraigT (talk) 20:23, 21 July 2010 (UTC)
