by Free Mumia
October 6, 2008
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On Monday, October 6, the US Supreme Court rejected Mumia's PCRA appeal based on the affidavits of Kenneth Pate and Yvette Williams. The appeal had been filed in July, after it was rejected by the PA Supreme Court in Feb, 2008, and in 2005 by Philadelphia judge Pamela Dembe.
Below, here are the affidavits so you can read them for yourself
I. Declaration of Yvette Williams
I, Yvette Williams, declare:
1. If called as a witness in this case I would truthfully and accurately testify to the following from my own personal knowledge.
2. I was in jail with Cynthia White in December of 1981 after Police Officer Daniel Faulkner was shot and killed. Cynthia White told me the police were making her lie and say she saw Mr. Jamal shoot Officer Faulkner when she really did not see who did it. She said she knew Mumia from seeing him drive a cab.
3. I was in jail with Cynthia White and knew she was a prostitute in center city Philadelphia around 13th Street. She used a lot of different names besides "Cynthia White" one of them was "Lucky" which is what I called her. She liked to wear a lot of different wigs. The word on the street was that she was a snitch for the police. Cynthia and I met due to being in jail for not wanting to testify in homicides.
4. In December of 1981, Lucky (Cynthia White) was locked up in "PC" (protective custody) in the "hole" for women, "G" Rear. I was in jail because the cops thought that I knew some-thing about a homicide - I didn't - but they wanted to get information out of me.
5. Our cells were directly across from each other. Sometimes the inmates would use me as a "runner" passing contraband between inmates in the hole and inmates in population, and I would stop and talk with Lucky when I went to her cell. I had been involved in violent crime and was interested in what prostitution was all about so I was asking Lucky about it, considering it as an occupation. She was nervous and frightened and glad to have someone to talk to. She was always crying and sad. She told me she was scared for her life. I asked her, "Scared of who?" she stated, "The guards and vice."
6. When Lucky told me she didn't even see who shot Officer Faulkner, I asked her why she was "lying on that man" (Mumia Abu-Jamal). She told me it was because for the police and vice threatened her life. Additionally, the police were giving her money for tricks. "The way she talked, we were talking "G's" ($1,000.00). She also said she was terrified of what the police would do to her if she didn't say that Mumia shot Officer Faulkner. According to Lucky, the police told her they would consolidate all her cases and send her "up" (Muncy), a women's prison, for a long time if she didn't testify to what they told her to say. Lucky told me she had a lot of open cases and out-of-state warrants and was scared of going to Muncy. She was scared that her pimp "would get pissed off" at all the money he was losing when she was locked up, and off the street. She was afraid that when she got out he would beat her up or kill her.
7. Lucky was worried the police would kill her if she didn't say what they wanted. She was scared of what the MOVE people would do to her after she testified against Mumia, but MOVE never threatened Lucky while incarcerated. She was scared when she told me all of this plus she was crying and shaking. Whenever she talked about testifying against Mumia Abu-Jamal, and how the police were making her lie, she was nervous and very excited and I could tell how scared she was from the way she was talking and crying.
8. Lucky told me that what really happened that night was that she was "on the stroll" (looking for and serving customers) in the area of 13th and Locust when Officer Faulkner got shot, but she definitely did not see who did it. She also told me that she had a drug habit and was high on drugs when it happened. She tried to run away after the shooting, but the cops grabbed her and wouldn't let her go. They took her in the car first and told her that she saw Mumia shoot Officer Faulkner.
9. While Lucky and I were locked up in the "hole", the detectives would come to the jail a lot and get her out to talk to her. When she came back she always had things they wouldn't let us have in there, like cigarettes and candy and even hoagies, syringes and white powders. They would let her out for two (2) hours recreation time during times the women's jail was on lock down for count.
10. I feel like I've almost had a nervous breakdown over keeping quiet about this all these years. I didn't say anything because I was afraid. I was afraid of the police. They're dangerous. They can hurt you and get away with it. I know, I've been trouble with the law and they know me. I'm still afraid of what they could do, but when Mr. Jamal's case was on TV and in "The Daily News," in the middle of December of last year, I couldn't get it out of my mind, I kept thinking that man could die because of all the lies that Lucky told on that witness stand and Mrs. Faulkner would never know the truth.
11. I read in the papers that Mr. Jamal's lawyer was in California, but I didn't have long distance service. When I saw that Mr. Jamal had a lawyer in Philadelphia named J. Michael Farrell, I looked him up in the phone book yellow pages and called his office on December 18 or 19, 2001. I talked to one of Mr. Farrell's assistants and told him I had information about how Cynthia white lied at Mumia's trial. He took my number and told me someone would call me back.
12. Two or three days later, I got a call from Mr. Mike Newman, who told me he was a private investigator for Mumia Abu-Jamal's attorneys. I gave him the same basic information that is in this declaration. He called me back a couple of times with more questions, asking for more details.
13. Before calling attorney Farrell's office on December 18 or 19, 2001, I never had any contact of any kind with any of Mumia Abu-Jamal's attorneys, past or present. Before talking to Mr. Newman, as explained above, I never had any contact with any of the investigators, assistants or other agents of Mumia Abu-Jamal's attorneys. I do not know Mr. Mumia Abu-Jamal. I never met him, spoke to him, or had any contact with him.
14. I have carefully read this declaration before signing it to be sure that it is truthful and accurate. This declaration is made subject to the penalties provided for in Pa. Cons. Stats. Sec. C.S.A. 4904 for unsworn false statements to the authorities. I declare under penalty of perjury under the law of the United states of America that the fore-going declaration is true and correct and was executed by me on 01-28-02, 2002, at Philadelphia, Pennsylvania. YVETTE WILLIAMS (signed)
II. Declaration of Kenneth Pate
I, Kenneth Pate, declare:
1. I am related to Priscilla Durham, now known as Priscilla Ahmed, through marriage: My father, Perry Abner, married Priscilla's mother, Dolores Durham, about 20-25 years ago.
2. Sometime around the end of 1983 or the beginning of 1984 I had a telephone conversation with Priscilla Durham in which the subject of Mumia Abu-Jamal came up.
3. I asked Priscilla how she was and she asked me how I was. I was kind of teasing her about her job as a security guard at the hospital, saying "why would a woman need to carry a big old gun like that?"
4. Priscilla began to complain about the way she was treated on the job, about her back hurting, and them "treating her like that" after all she did for them they laid her off.
5. Then Priscilla started talking about Mumia Abu-Jamal. She said that when the police brought him in that night she was working at the hospital. Mumia was all bloody and the police were interfering with his treatment, saying "let him die."
6. Priscilla said that the police told her that she was part of the "brotherhood" of police since she was a security guard and that she had to stick with them and say that she heard Mumia say that he killed the police officer, when they brought Mumia in on a stretcher.
7. I asked Priscilla: "Did you hear him say that?" Priscilla said: "All I heard him say was: 'Get off me, get off me, they're trying to kill me.'"
8. Priscilla also said there was a lot of chaos and confusion going on when the police brought Mumia in and when they were talking to her.
9. I am presently imprisoned at SCI Greene where I have been for about 3 years. At the time of my telephone conversation with Priscilla Durham, described above, I was imprisoned at SCI Graterford.
10. Back in 1982-1984 Priscilla and I had many telephone conversations when I was at SCI Graterford. I would call her house to talk to her or her daughter Sharon. Since then Priscilla and I have written each other many times.
11. Sometime in 1984, after I was transferred to SCI Huntington, I read a newspaper article about the Mumia Abu-Jamal case. It said Priscilla Durham had testified at Mumia's trial that when she was working as a security guard at the hospital she heard Mumia say that he had killed the police officer. When I read this I realized it was a different story from what she had told me.
12. Mumia was also imprisoned at SCI Huntington at that time. I wrote a note to him about Priscilla and gave it to another inmate who was a "tier worker" to pass it on to him.
13. Sometime between December of last year (2002) and February of this year (2003) I was out in the prison yard at the same time Mumia was. I remember that the weather was still cold. We were a couple of cages away from each other. I mentioned to him about the telephone conversation I had with Priscilla back in 1983 or 1984 and that she said she did NOT hear Mumia say anything about killing the police officer. I told him that I thought she was still scared about telling the truth about what happened but maybe she would.
14. My nickname or street name is "Kenny Stax." That is how I am known by Mumia and other inmates.
15. I am willing to take a lie detector test to prove I am telling the truth about my conversation with Priscilla Durham.
This declaration is made subject to the penalties provided for in 18 Pa. Cons. Stats. Sec. 4904 for unsworn false statements to authorities. I declare under penalty of perjury under the laws of the United States of America that this declaration is true and correct and was signed by me on April 18, 2003, at Waynesburg, PA.
KENNETH PATE (signed)