J. Patrick O'Connor

April 4, 2009

Mumia Abu-Jamal

by J. Patrick O'Connor

Since his conviction in 1982 for the murder of Philadelphia Police Officer Daniel Faulkner, Mumia Abu-Jamal, through his numerous books, essays and radio commentaries, has become the face of the anti-death penalty movement in the United States and an international cause célèbre. Paris, for example, made him an honorary citizen in 2003, bestowing the honor for the first time since Pablo Picasso received it in 1971.

Abu-Jamal's case has been politically charged from the beginning. As Amnesty International established in its 2000 pamphlet entitled "The Case of Mumia Abu-Jamal: A Life in the Balance," his tortuous appeal process has been fraught with "judicial machinations." Claims that won the day in other cases were repeatedly denied him, first by the Pennsylvania Supreme Court in 1989 and subsequently by a Federal District Court in 2001 where the judge overturned his death sentence but left in place in his conviction – and Abu-Jamal on death row – pending further appeals.

The latest example of what has become known as "the Mumia exception" occurred in March of 2008 when the U.S. Court of Appeals for the Third Circuit, in a sharply divided 2-1 decision, turned down Abu-Jamal's appeal for a new trial based on the claim that the prosecutor – through his use of peremptory challenges – purged otherwise qualified blacks from his jury. In 1986, the U.S. Supreme Court handed down its landmark Batson decision, ruling that racial discrimination in jury selection is unconstitutional and merits the harmed defendant a new trial.

For years, the Catholic brother in charge of a Kansas City home for developmentally disabled men had embezzled his way to a fortune. When the board of directors found out, its cover-up – with the help of The Kansas City Star – was as bold as the theft.

 by J. Patrick O'Connor

This is a story of how a Catholic brother embezzled up to $500,000 or more from the Community of the Good Shepherd, was eventually caught red-handed and then allowed to go scot free; a story the silk-stocking Board of Directors of the Community of the Good Shepherd covered up for more than two years through stonewalling, arrogance and threats of reprisal; a story The Kansas City Star had dropped in its lap, assigned a reporter to and then would not publish. It is a story of a crime that would have gone unpunished if not for the dogged determination of one person whom the Good Shepherd Board could not shut up: Richard Bowman.

Good Shepherd is a private, charitable organization located on James A. Reed Road in Kansas City that provides comprehensive care and housing for 30 developmentally disabled men ranging in age from their early 20s to their late 60s. It is licensed by the State of Missouri's Department of Mental Health which has placed 22 of the current residents there; the other eight are private placements. Richard Bowman's younger brother, Mike, who is 37, is one of the residents and has been since he was l6. Mike has Downs Syndrome and is severely autistic. He has no speech and no fine motor skills – his disability is total.

May 1, 2009

Mumia Abu-Jamal

Not even the U.S. Supreme Court is immune from “the Mumia Exception.” On April 6, 2009 the high court denied Abu-Jamal’s request for a Writ of Certiorari, scuttling his last chance for justice.

by J. Patrick O’Connor

May 7, 1999 Updated 8/30/06 and 07/20/08 and 1/30/13

by J. J. Maloney & J. Patrick O'Connor

Related Story: Solving the JonBenet Case by Ryan Ross. (04/14/03)

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Editor's Note:

The Boulder Daily Camera reported on January 27, 2013 that the Boulder Grand Jury convened in the murder of JonBenet Ramsey voted in 1999 to indict both John and Patsy Ramsey on charges of child abuse resulting in death in connection with the events of Christmas night 1996 at the Ramsey home in Boulder. Former Boulder First Assistant D.A. Bill Wise confirmed the grand jury's vote. The Daily Camera quotes him saying, "It names both of them, John and Patsy Ramsey."

The indictment on child abuse resulting in death, when charged as "knowingly or recklessy," is a Class II felony in Colorado that carries a sentence of four to 48 years. The statute of limitations on that charge in Colorado is three years from the date of the crime. The vote for the indictment was in October of 1999, over two months before the statute of limitations would have taken effect.

Then D.A. Alex Hunter refused to sign the indictment, presumably because he did not believe there was sufficient evidence to win a courtroom conviction. There is no doubt that the completely botched crime scene would have enabled the defense to put up strong resistance to any allegations advanced by the prosecution.

On the other hand, in refusing to sign the indictment, Hunter did not follow the Colorado statute governing grand jury practices. The statute stipulates that "every indictment shall be signed"  by the foreman of the grand jury and the prosecuting attorney. As University of Colorado Law School Professor Mimi Wesson told the Daily Camera, the proper legal procedure would have been for Hunter to sign the indictment -- also know as a true bill -- file it with the court and then move in open court to dismiss the charges. "That would be the more transparent and responsible course, in my opinon," she said.

Rather than follow the dictates of the statute pertaining to grand jury matters, Hunter kept it secret that indicments had been handed down. Instead of going for transparency, as advocated by Professor Wesson, Hunter elected to keep the deep suspicion the grand jurors had for JonBenet's parents from the public. Upon disbanding the grand jury, which had met for the previous 18 months, Hunter held a news conference on October 13, 1999 where he issued this statement: "I and my prosecution task force believe we do not have sufficient evidence to warrant a filing of charges against anyone who has been investigated at this time."

"We don't know who did what," one of the grand jurors interviewed by the Daily Camera said, "but we felt the adults in the house may have done something that they certainly could have prevented, or they could have helped her, and they didn't."

After 28 years as Boulder's district attorney, Hunter retired in 2001. When it came out that the grand jury had voted to indict the Ramseys, he refused to comment on the revelation.

Stan Garnett, who became Boulder D.A. in 2009, said shortly after taking office that he was returning the Ramsey case, which his predecessor, Mary Lacy, had taken over from the Boulder Police Department, back to the police. "The Ramsey case is one of the cold cases we would take great satisifaction in solving and filing and pursuing in court," he said.

 

Previous Update

 

On July 9, 2008, Boulder County District Attorney Mary Lacy stated that DNA tests conducted by Bode Technology Group revealed that skin cells left behind on JonBenet Ramsey's long underwear point to a killer other than the girl's parents, John and Patsy Ramsey, or her brother, Burke. Mrs. Ramsey died of ovarian cancer in 2006 at age 49.

"To the extent that we may have contributed in any way to the public perception that you might have been involved in this crime, I am deeply sorry," Lacy wrote in an exoneration letter to John Ramsey, who now has remarried and lives in Michigan. "No innocent person should have to endure such an extensive trial in the court of public opinion."

Early in the investigation into the 6-year-old pageant star's brutal murder on Christmas night in 1996, Lacy said that Boulder police discovered male DNA in a drop of blood on JonBenet's underwear that did not match any members of JonBenet's immediate family. The tests conducted by Bode Technology Group, Lacy said, revealed the same DNA that was found previously in the drop of blood was present in three places on JonBenet's long underwear.

Lacy stated that Boulder investigators now hope they'll eventually find a DNA match in the ever-expanding national DNA databank, a sentiment echoed by John Ramsey. "I think the people that are in charge of the investigation are focused on that, and that gives me a lot of comfort," Mr. Ramsey said in an interview with a Denver TV station. "Certainly we are grateful that they acknowledged that we, based on that, certainly could not have been involved."

Even if a DNA match is eventually made, it does not mean that the DNA from this contaminated crime scene will reveal it to be that of JonBenet's killer, although it possibly could. For now, all that is known, is that it is not the DNA of John, Burke, or the late Patsy Ramsey. In the meantime, the JonBenet case will continue unsolved and will remain one of the most botched crime investigations in the annals of U.S. law enforcement.

The brutal murder of 6-year-old JonBenet Ramsey on Christmas night in 1996 shocked America to its core. Just as the Lindbergh baby kidnapping and murder seven decades earlier had seared the nation's consciousness, this murder – of a beautiful and talented child in a wealthy Boulder, Colo., home – renewed every parent's worst nightmare: No child was truly safe, not even tucked in at home on Christmas night.

JonBenet's murder – particularly as the days went by and no arrests were forthcoming – quickly became a national obsession, featured day after day on network news, television tabloid programs, talk radio, newspapers and magazines. Her image flitted across television screens innumerable times, often showing her in a fancy red cowgirl outfit, singing "I want to be a cowboy sweetheart," or dancing across the stage in a glittering Las Vegas showgirl outfit, complete with heavy makeup. Her unusual first name became so well known that like Cher and Madonna she no longer had need of a last name.

The public's shock at the murder soon began to share equal time with its growing dismay at the Boulder police's investigation, a dismay fed by a steady stream of leaks from the Boulder County District Attorney's office about the inept police investigation being conducted. For one thing it became known that the police had badly botched the initial investigation by failing to seal off the crime scene. For another it appeared the police were treating the primary suspects – JonBenet's parents – with kid gloves by not only acquiescing to their refusal to be interviewed at police headquarters, but also to being interviewed separately. Fueled with such information, the media, especially the tabloid television and talk radio shows, were showing no such restraint toward the glamorous child's parents, John and Patsy Ramsey. Some in the media began to point the finger directly at her father. Others implied it was her mother who had garroted the girl. Some speculated the crime had to have been committed by both parents. The tabloids even raised the possibility that her brother Burke, who was just shy of 10-years-old at the time, murdered JonBenet.

April 5, 2009

Mumia Abu-Jamal's 27 years on Death Row for a murder he did not commit would have turned almost anyone else into an embittered, defeated man. Instead, he has remained what he always was, "the voice of the voiceless," as he demonstrates yet again in his most recent book, Jailhouse Lawyers: Prisoners Defending Prisoners v. the U.S.A. (City Lights Books, 2009.)

 by J. Patrick O'Connor

Through hundreds of essays, radio commentaries and now six well-written, meticulously researched books, he has defied the walls that encase him to speak out against oppression. His voice his heard weekly throughout the United States on Pacifica Radio and his writings are read and admired throughout much of the world. From the bowels of Death Row, where 3,600 others languish in the United States, Abu-Jamal presses on for justice, day after day, year after year.

Jailhouse Lawyers: Prisoners Defending Prisoners v. the U.S.A. opens a tightly shut door into the operations of the U.S. penal system by chronicling the exploits of dozens of jailhouse lawyers – both men and women – who have fought the injustices the courts and the prisons have dealt them and their fellow prisoners. Their accomplishments, against all odds, have been incredible. Their story is a story never before told.

For the vast majority of the 2.3 million prisoners in the United States and for Abu-Jamal himself, the overriding, inescapable reality about the U.S. justice system is that the law is only what a judge says it is.