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Also pointing to Freeman’s presence in the car with Cook, O’Connor and Schiffmann cite prosecution witness Cynthia White’s testimony at Cook’s separate trial for charges of assaulting Faulkner, where White describes both a “driver” and a “passenger” in Cook’s VW. Also notable, investigative journalist Dave Lindorff’s book (Killing Time: An Investigation into the Death Row Case of Mumia Abu-Jamal, 2003) features an interview with Cook’s lawyer Daniel Alva, in which Alva says that Cook had confided to him within days of the shooting that Freeman had been with him that morning.
Linn Washington argues that "this third person at the crime scene is consistent with eyewitness accounts of the shooter fleeing the scene. Remember that accounts from both prosecution and defense witnesses confirm the existence of a fleeing shooter. Abu-Jamal was arrested at the scene, critically wounded. He did not run away and return in a matter of seconds." Eyewitnesses Robert Chobert, Dessie Hightower, Veronica Jones, Deborah Kordansky, William Singletary, and Marcus Cannon all reported, at various times, that they saw one or more men run away from the scene. O’Connor writes that “some of the eyewitnesses said this man had an Afro and wore a green army jacket. Freeman did have an Afro and he perpetually wore a green army jacket. Freeman was tall and burly, weighing about 225 pounds at the time.”
Then there’s eyewitness Robert Harkins, whom prosecutor McGill did not call as a witness. O’Connor postulates that the prosecutor’s decision was because Harkins’ account of a struggle between Faulkner and the shooter that caused Faulkner to fall on his hands and knees before Faulkner was shot “demolished the version of the shooting that the state’s other witnesses rendered at trial.” O’Connor writes further that “Harkins described the shooter as a little taller and heavier than the 6-foot, 200-pound Faulkner,” which excludes the 6’1”, 170-lb Abu-Jamal.
Linn Washington’s 2001 affidavit states that he knew Freeman to be a “close friend of Cook's,” and that “Cook and Freeman were constantly together.” Washington first met Freeman when Freeman reported his experience of police brutality to the Philadelphia Tribune, where Washington worked. Washington says today that "Kenny did not harbor any illusions about police being unquestioned heroes due to his experiences with being beaten a few times by police and police incessantly harassing him for his street vending."
Regarding the police harassment and intimidation of Freeman, which continued after the arrest of Abu-Jamal, Washington adds: "It is significant to note that the night after the Faulkner shooting, the newsstand that Freeman built and operated at 16th and Chestnut Streets in Center City burned to the ground. In news media accounts of this arson, police sources openly boasted to reporters that the arsonist was probably a police officer.
Witnesses claimed to see officers fleeing the scene right before the fire was noticed. Needless to say, that arson resulted in no arrests.” Dave Lindorff argues that the police clearly “had their eye on Freeman,” because “only two months after Faulkner’s shooting, Freeman was arrested in his home, where he was found hiding in his attic armed with a .22 caliber pistol, explosives and a supply of ammunition. At that time, he was not charged with anything.” O’Connor and Schiffmann argue that police intimidation ultimately escalated to the point where police themselves murdered Freeman.
The morning of May 14, 1985, Freeman’s body was found: naked, bound, and with a drug needle in his arm. His cause of death was officially declared a “heart attack.” The date of Freeman’s death is significant because the night before his body was found, the police had orchestrated a military-style siege on the MOVE organization’s West Philadelphia home. Police had fired over 10,000 rounds of ammunition in 90 minutes and used a State Police helicopter to drop a C-4 bomb (illegally supplied by the FBI) on MOVE’s roof, which started a fire that destroyed the entire city block. The MOVE Commission later documented that police had shot at MOVE family members when they tried to escape the fire: in all, six adults and five children were killed.
As a local journalist, Abu-Jamal had criticized the city government’s conflicts with MOVE, and after his 1981 arrest, MOVE began to publicly support him. Through this mutual advocacy, which continues today, Abu-Jamal and MOVE’s contentious relationship with the Philadelphia authorities have always been closely linked. Seen in this context, Schiffmann argues that “if Freeman was indeed killed by cops, the killing probably was part of a general vendetta of the Philadelphia cops against their ‘enemies’ and the cops killed him because they knew or suspected he had something to do with the killing of Faulkner.” O’Connor concurs, arguing that “the timing and modus operandi of the abduction and killing alone suggest an extreme act of police vengeance.”
DA Suppresses Pedro Polakoff’s Crime Scene Photos
On December 6, 2008, several hundred protesters gathered outside the Philadelphia District Attorney’s office, where Pam Africa, coordinator of the International Concerned Family and Friends of Mumia Abu-Jamal, spoke about the newly discovered crime scene photos taken by press photographer Pedro Polakoff. Africa cited Polakoff’s statements today that he approached the DA’s office with the photos in 1981, 1982, and 1995, but that the DA had completely ignored him. Polakoff states that because he had believed Abu-Jamal was guilty, he had no interest in approaching the defense, and never did. Consequently, neither the 1982 jury nor the defense ever saw Polakoff’s photos. “The DA deliberately kept evidence out,” declared Africa: “someone should be arrested for withholding evidence in a murder trial.”
Advocacy groups called Educators for Mumia and Journalists for Mumia explain in their fact sheet, “21 FAQs,” that Polakoff’s photos were first discovered by German author Michael Schiffmann in May 2006, and published that Fall in his book, Race Against Death. One of Polakoff’s photos was first published in the US by The SF Bay View Newspaper on Oct. 24, 2007. Reuters followed with a Dec. 4, 2007 article, after which the photos made their television debut on NBC’s Dec. 6, 2007 Today Show. They have since been spotlighted by National Public Radio, Indymedia.org, Counterpunch, The Philadelphia Weekly and the new British documentary “In Prison My Whole Life,” which features an interview with Polakoff.
Since May, 2007, www.Abu-Jamal-News.com has displayed four of Polakoff’s photos, making the following points:
Photo 1: Mishandling the Guns - Officer James Forbes holds both Abu-Jamal's and Faulkner's guns in his bare hand and touches the metal parts. This contradicts his later court testimony that he had preserved the ballistics evidence by not touching the metal parts.
Photos 2 & 3: The Moving Hat - Faulkner's hat is moved from the top of Billy Cook's VW, and placed on the sidewalk for the official police photo.
Photo 4: The Missing Taxi – Prosecution witness Robert Chobert testified that he was parked directly behind Faulkner's car, but the space is empty in the photo.
