Giordano knew very well who they had found on the street that night and he began the conscious frame-up of Mumia. They claimed that Mumia confessed that night, they said that Mumia's gun was found on the scene and that it was the murder weapon. They brought forward two witnesses, one a prostitute who was actually doing tricks for the cops and working as an informant so she could do her work on the streets. The other witness was a cab driver who we later learned was coerced into testifying against Mumia.
I should say that I have been working with Mumia for 30 years now and I was involved in a major investigation during his post-trial hearings in Philadelphia from 1995 through 1999. There we brought out an enormous amount of concrete evidence of prosecutorial and police misconduct in the frame-up of Mumia for a crime he did not commit.
DB: Obviously, Mumia was someone who was way ahead of his time, taking on the issue of police violence long before most people had any sense of how systematic this was. So there is apparently new information, new evidence in the case. Tell us about that.
RW: Well, about a year ago, a very important case was decided by the United States Supreme Court. It involved the fact that one of the justices who became the Chief Justice of the Pennsylvania Supreme Court, Ronald Castille, had been the prosecutor in Philadelphia, following Rendell as the chief DA.
He had been a DA and ran on a law-and-order platform, and was endorsed and received major funding from the Fraternal Order of Police. Nonetheless, when he became a Philadelphia Supreme Court justice he sat and ruled on a number of cases, including Mumia's case, despite requests for him to remove himself on grounds of bias and conflict of interest.
About a year ago, in a different case, after many attempts to get a ruling, it was found that it is a conflict of interest and a denial of a fair and impartial appeal process to allow a judge to sit who had previously been personally involved in a significant fashion in the earlier prosecution of the same case. Basically, it required all the appeals that that judge had sat on and that had been negatively decided against the defendant to be thrown out and to be able to start over again.
Based on this ruling, Mumia's lawyers brought an action last August to challenge Mumia's appeals, because Castille was the district attorney who was in charge of all the appeal issues on Mumia's case at the time that dealt with his Black Panther membership, the rigging of the jury selection to keep blacks off the jury, and various other issues. In all significant issues of Mumia's case, Castille was the person who argued the decisions should be upheld.
When Castille became a supreme court justice, he had already been the architect of all the DA's support of Mumia's conviction. During the period of my involvement in the case, and with all the challenges to Mumia's conviction that began in 1995 and went on through 2008, Castille refused to remove himself from the case and instead ruled against Mumia in each of these cases. The argument is now being made that Castille violated the fundamental precept that as a prosecutor involved in the case he should never have sat as a judge.
So now Mumia's case in court has finally gotten some arguments. The DA's office tried to get it thrown out on grounds that it was brought too late and didn't apply anymore. The judge ruled that it did in fact apply and that the case should go forward. Then it became an issue of the DA's office being ordered to come forward with evidence that shows Castille's involvement. They have been noncompliant with the order and recalcitrant in not providing real information, no record of his involvement in Mumia's case.
This in spite of Castille's statements in his supreme court run that he took personal involvement in these appeals, particularly appeals to the US Supreme Court. So Mumia filed another motion for the DA's office to comply and search their records again and they came up with one paragraph saying, "Well, we had two people going through 31 boxes looking for this and that." But there is no mention whether they went through Castille's files as DA or his chief assistant's files.
Also, one of the people at the DA who has been working on Mumia's appeals since 1986 and has been in the courtroom through all these hearings during the '90's was personally appointed by Castille to be in charge of the appeals division. He is actually arguing the case on behalf of the DA's office now. He is still working on the case 30 years later. We have nothing indicating what role he played or any statement at all indicating whether he had any consultations with Castille regarding this case.
So they are stonewalling, they are concealing information. And it will continue to take a great deal of political pressure in the form of demonstrations and protests to make it clear to the DA's office that we are demanding that they finally open up their files.