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Erklärung von Robert H. Kirschner |
DECLARATION OF ROBERT H. KIRSCHNER, M.D.UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA MUMIA ABU-JAMAL, -vs- MARTIN HORN, Commissioner of the DECLARATION OF ROBERT H. KIRSCHNER, M.D., IN SUPPORT OF PETITIONER'S REQUEST FOR DISCOVERY AND EVIDENTIARY HEARING. I, ROBERT H. KIRSCHNER, M.D., declare: 1. I am a physician licensed to practice medicine in all its branches in the State of Illinois. I am certified by the American Board of Pathology in anatomic pathology and forensic pathology, and have practiced forensic pathology for more than 20 years, 17 of which at the Office of the Medical Examiner, Cook County Illinois. I have performed more than 8000 autopsies, including approximately 1500 autopsies on victims of gun shot wounds. A copy of my curriculum vitae is attached hereto as Exhibit "A" and is incorporated herein by reference. The statements in my curriculum vitae are true and correct. 2. I am familiar with the forensic and medical issues involved in this case. At the request of the attorneys of record for Petitioner in this action I have reviewed the autopsy report of Police Officer Daniel Faulkner, autopsy photographs, police reports and medical records of Jefferson Hospital pertaining to both Officer Faulkner and Mmia Abu-Jamal. I have also reviewed Crime Laboratory ballistics reports and firearm residue reports pertaining to the recovered projectiles, weapons, and clothing of both Officer Faulkner and Abu-Jamal. 3. Based on my review of the above materials it is my opinion that the following steps are necessary in order to complete an independent analysis of the forensic evidence pertaining to the wounds received by Officer Faulkner and by Mumia Abu-Jamal: 4. With respect to the autopsy, it was standard practice in medical examiner offices in 1981 to take x-rays of all gun shot wound cases. Those x-rays should be produced for examination and comparison of the x-ray image of bullet fragments within the body with those that were recovered at autopsy. 5. Also with respect to the autopsy, the few photographs that I reviewed are far less than I would expect to see in a homicide, particularly the killing of a police officer. In particular, the photographs of the wound to Officer Faulkner's back are taken at an oblique angle. It is imperative to request that any other photographs pertaining to the autopsy be produced for examination. 6. All ballistics evidence should be re-examined by an independent ballistics laboratory. It was reported that the bullet removed from Abu-Jamal had been fired from Officer Faulkner's weapon. This conclusion should be evaluated by an independent ballistics expert. Newer technology may provide evidence as to the class or individual characteristics of the bullet specimen recovered from Officer Faulkner permitting a determination of whether or not it was fired from the recovered Charter Arms revolver. 7. The clothing of both Officer Faulkner and Mumia Abu Jamal should be re-examined with respect to range of fire determinations previously made by the Philadelphia Crime Laboratory. Newer technology and independent review may provide different, and more accurate, results. 8. The above opinions are offered with a reasonable degree of scientific and forensic certainty. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct and was executed by me on , 2001, at Chicago, Illinois. ROBERT H. KIRSCHNER, M.D. |