Note (2 July 2008): Since I have published this article ten months ago I have received some nasty comments via email. This article is not only about Abu-Jamal’s injuries. It also deals with accusations against the police. Are police officers fascist, racist pigs or are they honorable men and women in public service? The evidence available shows clearly that accusations regarding police brutality are simply not true. Maybe Abu-Jamal has been treated roughly but neither he nor his brother has been severely beaten.
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When Mumia Abu-Jamal was at the crime scene, he has been injured by police. I do not mean the shot fired by Daniel Faulkner but injuries he sustained afterwards. These injuries did exist. Even police officers testified about these injuries.
William Cook has been injured at the crime scene, as well. In his case accusations are not that strong. The first time he mentioned injuries in public was his sworn declaration. Again, we know that he was injured. Again, the severity of those injuries is in question.
It is very important how severe these injuries have been. This question includes the question whether the accusations against the police can be justified. Again, the trial takes place in the court of public opinion. Again, the reader is a member of the jury. Again, the Internet is the main basis for evidence. Other sources shall not be excluded but meanwhile almost all items of evidence can be accessed through the web and many articles - important or not - have not been published anywhere else.
The Accusations
- Abu-Jamal’s Statement from 1982
On 3 July 1982 Abu-Jamal stated for the first time on the record that the abuse by police was an attempted murder.
- On December the 9th, 1981, the police attempted to execute me in the street.
(Testimony of Mumia Abu-Jamal, 3 July 1982, p.16)
In general, his wording was not precise and he could have talked about the shot fired by Daniel Faulkner. In an interview before the trial he said that he has been a victim at that morning but did not talk about the alleged abuse by police. His complaint about police brutality has been filed some time after the murder. However, as soon as 21 December 1981 his injuries have been mentioned during a hearing before judge Ribner.
- Abu-Jamal’s Sworn Declaration
In his sworn declaration his words are not that strong but he is equally clear when complaining about abuse at the hands of police officers.
- 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 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 don't remember what he said much except a lot of "n--ers","black mother-f-ers" and what not. [...] Then, it sounded like "I.D.'d" as "M-l" 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.
(Declaration of Mumia Abu-Jamal, paragraphs 18-30)
The “white shirt” allegedly beating him in the paddy wagon was inspector Alphonso Giordano. Abu-Jamal claimed, Giordano has hit him in the face with his walkie-talkie.
- William Cook’s Sworn Declaration
William Cook only says that Daniel Faulkner has beaten him and afterwards he started bleeding profusely.
- After that we went back and forth verbal confrontation. He pulls out a stick or some kind of object and slaps me in the head three times. By that time he had me on the side of the car, I started bleeding profusely. So I go back to my car to get my paperwork.
(Declaration of William Cook, paragraph 14)
He did not mention the injuries of his brother.
Witnesses to the Abuse
After arriving at the crime scene, Shoemaker observed Abu-Jamal reaching for something at his side. After he has walked one step closer he realized that this object was a gun. Therefore, he kicked Abu-Jamal and the weapon.
- At this point I saw a two inch revolver approximately eight inches from his hand. I again ordered the male to freeze, which he did not, so before he grabbed the gun I kicked the male away from the gun. My heel contacted his throat area and the sole of my shoe hit him on the face.
(Testimony of Robert Shoemaker, 19 June 1982, p.116)
His account is not always clear. He said, in order to preserve the crime scene he kicked away the gun a short distance only. However, his main concern should have been his own safety. His partner James Forbes didn’t notice that Shoemaker has kicked Abu-Jamal but Forbes went back to his car for a few seconds to call for assistance. Maybe Shoemaker told that story to give an explanation for Abu-Jamal’s injuries. On the other hand, a kick to the head could not explain the results of a severe beating. Therefore, a closer examination of Abu-Jamal’s injuries should give us a hint whether Shoemaker told the truth or not.
Supported by other police officers Daniel Sobolosky put handcuffs on Abu-Jamal and carried him to the paddy wagon. Since Abu-Jamal was struggling with the officers it was rather difficult to do so. At the beginning Abu-Jamal hit the sidewalk when they tried to put handcuffs on him. Afterwards they accidentally ran into a pole and dropped their prisoner.
- Because of the struggle that ensued, Jamal hit the sidewalk with his head or the top part of his body so that I had to handcuff him behind his back. [...] During the course of picking him up he was still struggling, making it very hard for us to lift him up properly and take him to the wagon. All right, during the course of taking him to the wagon we accidentally ran into a pole because the pole [...] was in course with the back of the wagon. [...] As a result of that he came down and hit [...] his face on the ground [...]
(Testimony of Daniel Sobolosky, 19 June 1982, p.178-180)
It’s not a surprise that such testimony generated protests in court and the judge had to tell the spectators to be silent. No matter whether Sobolosky told the truth or not, the injuries should be in accordance with his testimony. According to his description of events no severe and life threatening injuries could have been possible.
Cynthia White’s account was not really clear. She saw police officers swinging at Abu-Jamal but did not see whether they made contact. Additionally, she said Abu-Jamal was resisting arrest.
- What I see was Jamal sitting on the curb swinging his arms with closed fists and kicking, and the police swinging back and trying to get him under control to handcuff him. [...] I seen him [a policeman] swinging out. I don't know if he made any contact.
(Testimony of Cynthia White, 21 June 1982, p.149)
In total, her testimony describes a difficult arrest but not a case of police brutality.
Dessie Hightower’s account is somehow similar to Cynthia White’s testimony. He said the apprehension was rather rough.
- I thought they was rather rough apprehension. [...] I seen that when they pulled Jamal from around the back side of the Volkswagen, there was clear evidence of enough space to pull Jamal through. It was a no parking sign, a pole, there. And, it was enough space for them on the back side of the Volkswagen to that parking sign to get him through, but I don't know. Maybe it was just whatever he hit his head against the pole.
(Testimony of Dessie Hightower, 28 June 1982, p.130)
He confirmed that Abu-Jamal has hit the pole of the no-parking sign. Sobolosky characterized that as being “accidental”. The statement that Abu-Jamal has hit that pole was confirmed by the fact that his beret or tam was found beside the pole and can be seen on crime scene photos.
Even though William Singletary told incredible nonsense about the crime, I don’t want to withhold his statements regarding Abu-Jamal’s injuries. His testimony still can be found as basis for some pro-Jamal statements. Singletary’s account shows a much higher level of violence than White’s and Hightower’s.
- I went back around the corner and at that point they had a lot of police officers around the person that was beating him, kicking him, stomping him, sticking sticks in his wound, and just cursing, cursing, saying a lot of bad things. They drugged him on the street to the back of a van, threw him in the van. [...] No, they didn't just throw him in the van, they used his body and used him as a battering ram. And used him as a battering ram against the van.
(Testimony of William Singletary, 11 June 1995, p.238)
No other witness said that Abu-Jamal’s head has been used as a battering ram.
Sharon Smith saw the crime scene from her bedroom window. According to her testimony she never saw anything that violent.
- They were beating the black man with the dreadlocks with them sticks they carry. And with their feet. [...]
I thought he was going to die.
(Testimony of Sharon Smith, 9 August 1995, p.114/115&125)
The beating was so horrible that she started vomiting. ADA Arlene Fisk indicated she started vomiting because she was pregnant.
Dr. Regina Cudemo observed Abu-Jamal for a short period of time after he has been brought to Jefferson hospital. Even though her vision was partly blocked by a counter, her testimony could describe a police officer kicking Abu-Jamal.
- The policeman raised his leg, the black man raised his head, arms and right leg. There was a moan.
(Testimony of Dr. Regina Cudemo, 29 June 1982, p.24)
Due to her location behind a counter she was not able to make more detailed observations. After a few minutes she has been asked by a police officer to leave that area and she left.
Yes, even Linn Washington has something to say. He was not there and he didn’t see anything but that’s still sufficient for a sworn declaration. For his statement I’m willing to give him an award for the most stupid declaration in the case of Mumia Abu-Jamal. On the other hand, I don’t want to hide his statement. (Within my comment about Abu-Jamal’s lawyers I've outlined why his declaration does not say a lot but nonetheless is a lie.)
An employee of the hospital told him that police were beating Abu-Jamal in the ER. Later he met a journalist who heard something similar. He does not provide any names.
- [...] I have a recollection of seeing a hospital worker who knew me as a reporter and this person said that police were beating Mr. Abu-Jamal in the ER. [...] I saw two other reporters that I knew. It is my recollection that during a conversation with them one stated that he had talked with a person he knew in the hospital who told him of having seen police assault Mr. Abu-Jamal in the ER.
(Declaration of Linn Washington, paragraphs 31-33)
Linn Washington’s declaration consists of hearsay which doesn’t even sound reliable. It’s rather implausible that police beat their prisoner in the presence of hospital employees.
- Somewhere Between “Rough” And “Homicidal” ...
In total, testimony by witnesses can describe something like a rough apprehension (Hightower) which has been provoked by Abu-Jamal (White). In the worst case it describes severe abuse (Singletary) with the intention to kill (Abu-Jamal, Smith), and that abuse continued in the hospital (Cudemo, Washington). According to the police everything went on correctly and the injuries have been provoked by Abu-Jamal when he reached for his weapon (Shoemaker) and resisted arrest and transportation (Sobolosky).
Everything seems to be possible.
Police officers Shoemaker and Sobolosky admitted to the following:
- Shoemaker kicked him in the face
- While being handcuffed, Abu-Jamal fell on his face or upper part of the body
- While being carried to the wagon, he hit a pole and fell to the ground
It cannot be determined whether all these happened due to Abu-Jamal’s resistance or because the officers deliberately abused him. However, the occurrences described by police could not have resulted in severe injuries.
If, on the other hand, the accounts of Singletary, Smith, or Abu-Jamal have been correct, the resulting injuries would have to be much more severe. These injuries should not be in accordance with Shoemaker’s and Sobolosky’s testimony. If a person gets severely beaten with night sticks or billy clubs the result will be lacerations, contused wounds, even broken bones or teeth. Similar injuries could be expected if a person has been used as a battering ram.
The injuries should give us some hints about what really happened. How severe were these injuries?
The Injuries
The trial record documents the injuries quite thoroughly. For the first time they have been mentioned during a pre-trial hearing. Afterwards, Dr. Anthony Coletta testified regarding the injuries.
During the pre-trial hearing on 21 December 1981 Anthony Jackson asked that photographs of his client will be taken. Abu-Jamal has sustained some injuries other than the gun shot wound. One of these wounds was a laceration on the forehead which required about eight stitches. Dr. Coletta could not remember the number of stitches when he testified in June 1982.
- I think there were about eight stitches required to close a wound in the head, one of the wounds in the head. And there are some other injuries around and about his body.
(Anthony Jackson’s motion on 21 December 1981, p.4)
Even though the photographer has been paid by the defense they did not publish any photos showing injuries. On 25 May 1983, when judge Sabo officially announced the verdict, Anthony Jackson confirmed that photos have been taken in the hospital.
Dr. Anthony Coletta attended to Mumia Abu-Jamal’s injuries. As part of his testimony he described Abu-Jamal’s condition after arrival. In addition to the bullet wound in his chest he had a 4 cm long laceration on the left side of his forehead which eventually had been sutured, a laceration of his lower left lip, and some swelling over the left eye and on the right side of his neck and chin.
- He had a laceration of his forehead of about four centimeters or so in length [...] in the left upper aspect of the forehead somewhere near the mid line of the head up near the hair line. [...] He had swelling over the left eye, a laceration of his left lower lip, and there was soft tissue swelling on the right side of his neck and chin. [...]
There was some blood on his face. He was not hemorrhaging from his head. [...] In other words, I didn't see active, ongoing bleeding from the lacerations. There was some oozing of blood, but there wasn't an extraordinary amount.
(Testimony of Dr. Anthony Coletta, 28 June 1982, p.58&61)
The injuries could not have been severe since they already stopped bleeding. Abu-Jamal’s condition was critical because he would have died without medical treatment but he did not faint. In reality, he could talk to Coletta.
- He was weak. He could move, but he was weak. (p.73)
Later on Abu-Jamal was able to explain where the bullet came to rest. When ADA McGill asked Dr. Coletta whether Abu-Jamal looked like the victim of a severe beating, Coletta denied. At the same time Dr. Coletta claimed to have sufficient experience to make such a judgment.
- Did this man look at all like he was pummeled or beaten up?
Pummeled? I would say, “No.” (p.92)
Dr. Coletta categorically denied that Abu-Jamal could have been beaten with night sticks. In that case his injuries would have to have been much more severe. Additionally, Abu-Jamal did not mention any abuse when he talked to Dr. Coletta about his injuries.
Lydia Wallace, Abu-Jamal’s older and only sister, says in the HBO documentary A Case For Reasonable Doubt, when she visited her brother in the hospital she was barely able to recognize him because he looked so terrible.
- Anxiously I would have walked pass Mumia ‘cause I would not have been able to recognize him. I mean his forehead was gashed open and there was all blood. His lips was busted open and swollen and... And there were police officers in the room. And they had guns aimed on Mumia... Mumia was unconscious and I shook a shoulder and tried to arouse him. And... He said “I’m innocent. I’m innocent. They’re trying to kill me. They’re trying to kill me.”
(Lydia Wallace in A Case For Reasonable Doubt, ca. 1996)
Lydia Wallace arrived at the hospital a few hours after Abu-Jamal but she was there before the beginning of the surgery. At that time, Abu-Jamal refused treatment and his sister tried to change his mind.
It sounds strange that she could not recognize her brother. If he still had blood on his face, it means that the hospital workers did not wash him for some hours after he arrived. The most interesting part is the fact that he talked to his sister. Supporters of Abu-Jamal constantly claim that he had been weak and on the verge of fainting when he arrived at Jefferson hospital (in order to rebut the confession in the hospital). In reality he still was conscious some hours later.
- Policemen About William Cook
William Cook’s injuries never have been examined by a medical doctor. The only information about his condition came from police officers arriving at the crime scene and from police photos. These photos show a cut behind the left ear. Detective William Thomas described the content of these photos.
- These are the photographs taken of Mr. William Cook on December 9, 1981. [...] They show a cut behind the left ear.
(Testimony of William Thomas, 26 June 1982, p.118)
This description is in accordance with testimony by James Forbes and John McGurk who saw blood on his left cheek. Paul Alva, Cook’s attorney, already claimed on 11 December 1981 that his client got hit on the ear by Daniel Faulkner (Philadelphia Inquirer, 12 December 1981). According to William Thomas he did not have any other injuries. Additionally, Cook never complained about police brutality and he refused medical treatment.
- Daniel Faulkner's Flashlight
Daniel Faulkner's flashlight has been examined by criminalist Dr. Charles Tumosa.
- The item is a flashlight seventeen inches long, serial number 50025682. The bulb is broken. No blood was detected on the item.
(Testimony of Dr. Charles Tumosa, 26 June 1982, p.36)
The fact that no blood has been detected on the flashlight confirms that William Cook did not bleed profusely. Otherwise, traces of blood should have been found.
- Abu-Jamal in a Hospital Bed
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Abu-Jamal in a hospital bed
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Even though some photos of Abu-Jamal’s injuries have been taken, only one picture showing him in a hospital bed has been published so far. It is claimed that the photo has been taken shortly after surgery where the bullet has been removed. Various sources use it to illustrate how severe his injuries have been. Websites always show different versions of a picture measuring 243×180 pixels. I was able to obtain a slightly bigger photo.
The picture on the right shows Abu-Jamal sleeping in a hospital bed. His face easily can be recognized. Even though the picture is too small and too less detailed for an in-depth analysis, it reveals that the visible portion of his face - skin, which is not covered - is not injured. A long band-aid on the forehead which goes over to his left side covers the sutured wound. The band-aid on the nose keeps a thin tube in place but most likely doesn’t cover a wound (no wound on the nose has been mentioned). A second, thicker tube can be seen on the left side behind his head. The device on his left shoulder most likely is some sort of measuring sensor. Finally, the dressing on his right chest covers the bullet wound.
I have placed the descriptions within the photo to draw the reader’s attention to the content of the photo. Publications in favor of Abu-Jamal usually state that this photo is evidence for the severe abuse at the hands of police. As an example, Schiffmann writes “[f]or the results of this and later abuse of Abu-Jamal by the cops, see photo on the left” and refers to a blurred version of the above photo with low resolution measuring 60×45 mm (within a PDF-file). Since such comments have been published for years without being subject to widespread criticism, I assume these comments are more or less successful. Maybe some readers see a dark picture without many details and do not bother to examine this picture. Afterwards these readers read a comment refering to police brutality and assume that these allegations have been proven by the photo. It's even possible that most of them do not realize that the photo shows only one band-aid on the forehead indicating one minor injury beside the bullet wound.
While writing this comment, a quote by Chico Marx from the movie Duck Soup came to my mind: “Well, who you gonna believe, me or your own eyes?” Don’t believe me or any other commentator but believe your own eyes.
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Transport under heavy guard
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Unfortunately, no other photos of Mumia Abu-Jamal from the time after the shooting are available. The next photo I’m aware of is a press photo which doesn’t show any injuries. That photo shows how he has been transported under heavy guard. Most likely it shows him being transported to or from James C. Giuffre Medical Center. The band-aid on his forehead has been removed already. Since I do not know the exact date of that photo it can’t be used to describe his condition on 9 December 1981. It only raises the question why no other photos have been published.
Abu-Jamal does not look like a person severely beaten by police. The number and size of injuries is simply too small. The photo showing Abu-Jamal in a hospital bed illustrates why Dr. Coletta has denied categorically that he has been beaten up or pummeled. The available evidence clearly shows that the injuries are in accordance with testimony given by police officers. William Cook’s injury seems to have been equally marginal. The available data underlines that it has been one cut behind the ear only.
Whenever supporters of Abu-Jamal bring forward the fairy tale of police attempting to execute him in the street, they try to detract from what really has happened at the crime scene. It is very simple to say that police has brutalized Abu-Jamal, maybe illustrated by the account of a shady “witness” like Singletary, and putting all the blame on the police. Anyone who is that brutal is also capable of starting a conspiracy in order to frame an innocent man. However, the police did not brutalize Abu-Jamal and Abu-Jamal is not innocent.
Why no one of these supporters of Abu-Jamal tries to explain why Dr. Coletta testified that these injuries where marginal and the only published photo supports that testimony? Alternatively, these supporters could try to explain why his weapon containing five empty shells has been found on the sidewalk beside him instead of being in his shoulder holster containing five live rounds and why he did not mention this crucial fact in his sworn declaration. No one ever found a good explanation for this.
Addendum (4 January 2008)
Recently I have discovered two other photos showing Abu-Jamal in the hospital. They are dated 10 December 1981 and they have been published in the book Murdered by Mumia by Maureen Faulkner and Michael Smerconish. Like the photo above they show a band-aid on the forehead but no other signs of heavy abuse.
Photos from Murdered by Mumia
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