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Verfahren gegen Mumia Abu-JamalPCRA-Anhörung vom 17. Juli 1995 |
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IN THE COURT OF COMMON PLEAS
- - - - - PCRA Hearing - - - - - Monday, July 17, 1995 - - - - - BEFORE: THE HONORABLE ALBERT F. SABO, J. - - - - -
- - - - - TRANSCRIBED BY: CHARLES M. GORGOL |
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Page 2. - - - - - (At 10:25 a.m. the hearing was convened - - - - - MR. PIPER: Good morning, Your Honor. Jonathan Piper on behalf of the Petitioner Mumia Abu-Jamal. I have presented to Your Honor and to Mr. Banks Petitioner's emergency motion to reconsider the order scheduling a hearing date to certify orders for interlocutory appeal and to stay a hearing pending appeal. Mr. Banks I think would like a moment to read it? MR. BURNS: I think Your Honor would perhaps also. THE COURT: I don't want to even read it because we don't have the Defendant here. We didn't make arrangements to have him brought down today and I am not going to go into any proceedings without him. MR. PIPER: Your Honor, we will -- THE COURT: We will take that up tomorrow when he is going to be here. Page 3. MR. PIPER: Your Honor, one of the problems that we've had is that we haven't been able to meet with the Defendant over the weekend. THE COURT: Well, that is your problem, Counselor. MR. PIPER: What I would suggest is that we continue the hearing at least one day. THE COURT: Well, I said tomorrow because he is going to be brought in tomorrow. MR. PIPER: Then we should continue the evidentiary hearing at least one day so that this motion could be presented. THE COURT: You could present it first thing in the morning, I will take it up. MR. PIPER: We would also then plan to appeal to the Supreme Court. THE COURT: I don't know how you are going to appeal it. I am not certifying anything. MR. PIPER: Would you continue the hearing for at least one day, the evidentiary hearing? THE COURT: I don't know, take it up tomorrow. Tell me what your problems are Page 4. tomorrow, okay. MR. PIPER: Would you stay these proceedings while we take our appeal? THE COURT: Counselor, will you bring it up tomorrow when we could have the Defendant present? That's all I am going to do now. Since he is not here, I am not going to hear it. MR. PIPER: Your Honor, we will be appealing. Would you stay these proceedings while we appeal? THE COURT: You could do anything you want. If the Supreme Court wants to listen to you, that's fine. I can't tell you what to do, Counselor. I am not here to represent you or anybody else. I'm here to make a decision. And I have already made a decision in this matter. But I said if you can give me any cases that would justify my reversal of that decision, I'd do it. If you have cases, give them to me and I will read them today. If you don't have them, too bad. MR. BURNS: Thank you, Your Honor. May it please the Court: My name is Burns, not Banks. That's all. Thank you, Your Honor. THE COURT: Counselor, do you want to Page 5. put your name down too for the record. MR. GRANT: I believe he knows my name, Your Honor. MR. BURNS: Thank you, Your Honor. THE COURT: Okay. MR. PIPER: Your Honor, one other housekeeping matter which is really just a presentment of the order you granted Friday appointing a spiritual advisor from the -- THE COURT: Yes. And I waited all day Friday for you. MR. PIPER: We called Friday afternoon and we were advised that -- THE COURT: You did not call. MR. PIPER: Yes. THE COURT: We were here until 4:30. Don't give me that. MR. PIPER: I called at 4:00 o'clock and there was -- THE COURT: Well, yes, that's not true, Counselor. You should have had it over. See how small that is (displaying)? You could have had that over at ten o'clock in the morning, eleven o'clock in the morning, any time. Page 6. MR. PIPER: Your Honor, the order was not even granted until after twelve o'clock and we called your office and you were not there. THE COURT: You have one paragraph, roughly one paragraph here? Do you see how small it is. What's the big deal, why didn't you get it to me? You could have probably seen him over the weekend. I will sign that right now. I have no problem doing that. Today's the 17th? THE COURT CLERK: That is correct, Your Honor. THE COURT: But I didn't even know why you need it because he has already been appointed spiritual advisor to the Defendant. And you told me it was in Greene Prison, out in Western Pennsylvania there. MR. PIPER: Your Honor, I don't know the details. Mr. Weinglass would. But you did indicate -- THE COURT: You mean he didn't tell me the truth? MR. PIPER: I said I am not familiar with that. THE COURT: You were there, weren't Page 7. you? MR. PIPER: That's what he said, yes. THE COURT: That's wrong? MR. PIPER: Whatever he said is true. Whatever you granted the order based on is what is true. THE COURT: It is based on his telling me the truth, and I assumed that's what he was doing. MR. PIPER: Exactly. THE COURT: Okay. Now, it reads as follows: And now this 17th day of July, 1995, upon consideration of Petitioner's motion for Steve Wiser to be appointed spiritual advisor to Petitioner, and Respondent 's lack of objection thereto, it is hereby ordered, adjudged and decreed that the Petitioner's motion is granted. Is there anything wrong with that, gentlemen? MR. GRANT: No, Your Honor. THE COURT: Okay. See that. MR. PIPER: Your Honor, if we could have copies of the orders we would appreciate it. THE COURT: Well, I will tell you what Page 8. I will do: I will sign your copies for you. MR. PIPER: Thank you. THE COURT: But if they have to be certified you better take it to the Clerk. MR. PIPER: Thank you, Judge. THE COURT: Let me give copies to the D.A. also so that they know what I'm doing. MR. GRANT: Thank you, Your Honor. THE COURT: Give this to the D.A. so he will have his copy. THE COURT OFFICER: (Handing.) THE COURT: Here is a copy for the defense. And I am going to keep a copy for myself and I am going to hand the original to the Clerk of Court. This is the original for the Clerk of Court. Okay, that's all for today, gentlemen. Do I have to sign these? THE COURT CLERK: Yes. THE COURT: All right, we will adjourn. THE COURT OFFICER: There being no further business, this Court now stands adjourned. Page 9. THE COURT: Until tomorrow morning, gentlemen. - - - - - (The hearing was concluded at 10:45 a.m.) - - - - - |