IN THE COURT OF COMMON PLEAS
FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
CRIMINAL TRIAL DIVISION

COMMONWEALTH

VS.

MUMIA ABU-JAMAL

aka

WESLEY COOK

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January Term, 1982



No. 1357-1358

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PCRA Hearing

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Thursday, August 10, 1995
Courtroom 653, City Hall
Philadelphia, Pennsylvania

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BEFORE:   THE HONORABLE ALBERT F. SABO, J.

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APPEARANCES:
  • ARLENE FISK, ESQUIRE
  • HUGH BURNS, ESQUIRE
    Assistant District Attorneys
    For the Commonwealth

  • LEONARD I. WEINGLASS, ESQUIRE
  • RACHEL WOLKENSTEIN, ESQUIRE
  • DANIEL R. WILLIAMS, ESQUIRE
    Councel for the Defendant

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TRANSCRIBED BY: CHARLES M. GORGOL
Official Court Reporter of the Court of Common Pleas



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INDEX

DEFENSE EVIDENCE

WITNESS

William Harmon

By Mr. Weinglass - 45, 158

By Ms. Fisk - 76, 166



DEFENSE EXHIBITS
NO. DESCRIPTION PAGE
27 Copy of letter 48
28 Affidavit 50


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(At l0:30 a.m. the hearing was convened in the
presence of the Court and councel.)

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THE COURT: Good morning, everyone.

MS. FISK: Your Honor, I understand that Counsel has a request to put something on the record at sidebar if we may, please.

THE COURT: Well...

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(Discussion held at sidebar on the record as follows:)

MR. WEINGLASS: Good morning, Your Honor.

THE COURT: Good morning.

MR. WEINGLASS: Yesterday afternoon Miss Fisk gave me a sealed envelope containing the name of a person who came forward to the District Attorney's Office indicating they had relevant information on the case. I have examined the letter and the letter contained the name and the address of the individual. And last night we went out to his home and he was not there. We are told that he is not available

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at the moment; but I went with an investigator who left his card and instructed people at the home to contact me as soon as they have heard from this individual.

I just wanted to make a record of it. I appreciate the District Attorney's Office coming forward immediately with an individual who came to their office and providing the information. And I just wanted to indicate for the record that we are following up on this information but we haven't had contact with this person yet.

MS. FISK: Could I borrow the letter for a minute?

Your Honor, just so the record is complete: The letter dated August 9th advises Counsel that a Mr. Michael Jones, whose address is given to Counsel as we received it from Mr. Jones, came to the District Attorney's Office yesterday. Also pursuant to our obligations established by the United States Supreme Court, we advised Counsel that Mr. Jones advised personnel at our office that he was a witness to the shooting of Officer Faulkner and that it was Mr. Jamal's brother who was the

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person who shot Officer Faulkner, when Officer Faulkner was shot. I also advised Counsel this morning this morning that after detectives, persons heard that information come from Mr. Jones, that Mr. Jones was advised that he would be wanted by the defense. He was provided with the address at the hotel where the attorneys -- I'm sorry -- where the detectives understood the defense attorneys were staying and was advised to go to that hotel immediately to speak to the defense attorneys.

So it was immediately after Mr. Jones left our office that we came back to Court and I provided that information to Counsel.

MS. WOLKENSTEIN: And we wouldn't have been there at that time, just so the record, I just want to make it clear.

MS. FISK: I didn't know where else to send them.

MS. WOLKENSTEIN: Fine, but at that point we wouldn't have been there because we were in Court or lunch break.

MS. FISK: We assumed that this was a hotel and there was an individual we could leave a message with.

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MR. WEINGLASS: For future reference: We do have people staffed at the Rudovsky office.

MS. FISK: We will send them there in the future.

MR. WEINGLASS: Could we have this portion of the record sealed so it doesn't become public information? Is there any objection to that?

THE COURT: I don't know how anybody will know that, he is not typing it up yet. So unless somebody says something, it's there for what it's worth.

MR. BURNS: What is the point of sealing it?

MR. WEINGLASS: Well, I think giving this information to the public, number one, impedes our ability to contact this person. It impacts our ability to talk to other witnesses. It creates a rumor based on information that hasn't been obtained or evaluated. And I just think it's very detrimental to the defense as a whole. I just ask that it be sealed.

MS. FISK: Well, Your Honor, I am certainly not going to tell anybody about it. I

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fulfilled my obligations under the law by notifying defense Counsel. I would assume, therefore, that if it becomes public knowledge it came from a source other than me. And sealing this record would not prevent any persons who already know this information from divulging information.

MR. BURNS: There are allegations that information has been hidden by the defense throughout this case. And I don't think it is appropriate to be sealing parts of the record.

MR. WEINGLASS: There already have been parts sealed.

MR. BURNS: Well, I think there is no point to sealing this part of the record.

THE COURT: Well, I don't know the necessity of sealing it. I am assuming nobody is going to talk about it. But you have put it on the record for what it's worth. I don't intend to talk to anybody. I don't talk to the news media anyway. But you people talk to the news media so you keep it quiet. I'm not going to say anything. All right?

MS. FISK: Yes, sir.

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(Discussion held at sidebar was concluded at this time.)

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THE COURT: Do we have that witness...

Do we have William Harmon here?

MR. WEINGLASS: Your Honor, we'll have to be... Mr. Harmon, William Harmon is indeed in the Courthouse today. He was made available to defense Counsel this morning. It's the first time I've met the gentleman. As the Court is aware, he did not testify in 1982. We are dealing with an individual who has written to his attorney on July 29th and his attorney made known to the prosecution and the defense Counsel his name, I believe on August 2nd or 3rd. And one of the defense Counsel, Rachel Wolkenstein, visited him on August 3rd, immediately thereafter. And I spoke to him for the first time this morning, just before Court.

He is a person who claims he was there at the time of the shooting. He claims he witnessed the shooting, both of Mr. Jamal and of Officer Faulkner. Understandably, his recollection is affected by the passage of time. He asked to see photographs of the scene so that his recollection could be refreshed. We had

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hoped that we would have photographs by this time. We had asked for photographs going back and when the Court was in adjournment an Tuesday, the day before yesterday, we understood that we would be hearing from inspector detective or lieutenant Walsh, and we did hear at five o'clock on Tuesday and then we were informed I believe yesterday that we wouldn't have crime scene photographs until early next week.

So I would ask that we be provided with the photographs so the witness may examine the photographs so that his recollection going back over 13 years could be refreshed by photos of the scene. I represent to the Court that the defense does not have photographs. I don't know what happened to the photographs that were taken by Mr. Peraneau and apparently given to Mr. Jackson. But in any event, I represent to the Court I have never seen them. And we do not have photographs to show this witness. There are photographs in existence. And we will have them I'm told on Monday or Tuesday.

So that I would ask first that the photographs be provided to the witness and shown

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to the witness prior to his testimony. I don't think that is an unreasonable request given the fact that this gentlemen is trying to recall an event that happened 13 years ago.

THE COURT: So is everyone else, Counselor.

MR. WEINGLASS: Pardon?

THE COURT: Everyone else has the same problem. Every witness that took that stand has the same problem. It's 13 years, 14 years.

MS. WOLKENSTEIN: No, no, Your Honor, Dessie Hightower, for instance, testified in June of '82 and he drew diagrams and he was shown pictures. And it was all available to him then. And certainly he is in a much different position than this witness is.

THE COURT: Counselor, if it becomes necessary I will let him continue in that area. If it becomes necessary. But I think he should take the stand now and proceed to tell us what he can recollect as of this time, okay.

MR. WEINGLASS: If I may continue. Secondly, I want to make this point. The witness informs us that he has revealed what he saw to several people, including his daughter.

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And he has given us the name and the address of several people. We have not been able to locate these people. We can not confirm whether or not he has told this to anyone previously. I ask for time so that we can locate the people and see whether or not his story can be confirmed.

THE COURT: Fine, you could call those people later on. If you could find them. In the meantime, let's put him on, let's find out what he has to tell us.

MR. WEINGLASS: Thirdly --

THE COURT: I have been waiting breathlessly to hear what he has to say.

MR. WEINGLASS: Well, thirdly, I must say for the record any testimony given by this witness is utterly unevaluated by the defense. We have not had an opportunity to check his story. We have not had an opportunity to talk to confirming witnesses. He names other people who were there. We've not had an opportunity to show him photographs.

THE COURT: Well, are you saying you have no confidence in this witness?

MR. WEINGLASS: I am saying, Your Honor, I am --

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THE COURT: Are you saying that he is going to lie when he gets on that stand?

MR. WEINGLASS: Of course not.

THE COURT: Well, then bring him in and let --

MR. WEINGLASS: I am saying that no lawyer, no lawyer can tell anything about any witness if he wasn't at the scene himself until he checks out the story. And we are talking about a death penalty case and the Court is very anxious to hear from a witness whose story has not been checked out. This is utterly and grossly unfair to Mr. Jamal. And this is what happened in '82, and it's happening again. Tony Jackson put witnesses on the stand who he never talked to. I am not about to repeat that same mistake a second time. This is why we're here today, because that error was made in '82. And the Court is forcing me to repeat the same error that Tony Jackson made under the pressure of the time restraints that this Court imposed on him.

THE COURT: No, I am not doing that.

MR. WEINGLASS: Well, you are.

THE COURT: I am letting him get on the stand and if it becomes necessary, you have

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to check it out or he says he has to take time or he has to see certain things, well, I will let him come back later on those issues after you have shown it to him. But let's hear what he has to say.

MR. WEINGLASS: No, this is not a Municipal Court proceeding with a traffic ticket.

THE COURT: I am not saying it is.

MR. WEINGLASS: I can't put a witness on whether he is truthful or not truthful until I know for myself whether what this witness is saying is truthful or not. I don't know now. I can't tell. The gentleman tells a story.

THE COURT: Well, let him tell us the story he told you.

MR. WEINGLASS: You can not --

THE COURT: That's all.

MR. WEINGLASS: You can not proceed that way.

THE COURT: Yes, you can.

MR. WEINGLASS: I am being put in a position of calling a witness whose story I can not vouch for. I am not permitted to do that.

THE COURT: You are stalling.

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MR. WEINGLASS: I am not permitted to do that.

THE COURT: Okay? if you are going to do that I am going to sequester him so nobody could talk to him. Nobody could talk to him. No one. All right.

MR. WEINGLASS: What is the purpose of that?

THE COURT: The purpose is so that he doesn't change his story. That's the purpose. I want to hear from him. I want to hear his own interpretation of what happened.

MR. WEINGLASS: 13 years ago, without looking at photographs. Without having Counsel had the opportunity to determine --

THE COURT: You called other witnesses without all of that information, so what is the difference?

MR. WEINGLASS: I hope I have not.

MS. FISK: Sharon Smith as far as I could tell never testified until yesterday and there was certainly no requests that she look at photographs before she took the witness stand. He certainly has.

MR. WEINGLASS: Her testimony was

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about a single event: What she saw when she looked out the window.

THE COURT: This is a single event of what he said he saw.

MR. WEINGLASS: It is not that simple.

THE COURT: I am going to allow you to do that, bring your witness forward.

MR. WEINGLASS: If this Court forces me --

THE COURT: Yes, I am forcing you.

MR. WEINGLASS: -- to put a witness on the stand who I haven't evaluated, I want the record to reflect that I am being put in that position.

THE COURT: All right, let the record so show.

MS. FISK: Let this record also show that the Court has offered defense Counsel an opportunity to meet with the witness and also an additional preview but said that the witness would not be made available for further interviews until he then testifies, but that Counsel would have the opportunity to investigate the names and other information he obtained from that witness today.

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The record should also reflect, Your Honor, that Miss Wolkenstein had the opportunity to spend I believe four hours with this witness in Mercer County Prison on August the 3rd. And in addition, Your Honor made special arrangements this morning to allow Counsel into the cell room at eight o'clock this morning. Counsel did not enter the Courtroom today until sometime after ten o'clock this morning. so I could only assume that they had access to him for another two hours this morning, in terms of preparing his testimony.

MR. WEINGLASS: That assumption is utterly wrong. We were with Mr. Jamal for half the time. Counsel is making assumptions and putting it on the record.

THE COURT: Well, you asked permission to see him this morning. I made arrangements with the Sheriff so that you could see him. If you choose to spend your time with somebody else other than the witness you do so.

MS. WOLKENSTEIN: We have to consult with him. I also want to correct the record.

THE COURT: You had to consult with him. That's what Anthony Jackson had to do at

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the initial trial.

MS. WOLKENSTEIN: I want to make the additional point that I was not with Mr. Harmon for four hours. In fact, it was two-and-a-half hours, and it was interrupted at the very end with two guards banging on the door insisting that I leave without prior notice. That should be clear for the record. That interview was interrupted and I was given contrary instructions earlier that I would be able to be there until four o'clock. In fact, at three o'clock I had guards knocking on the door insisting they come in and pull Mr. Harmon out immediately. Let the record be clear.

MS. FISK: Your Honor, the Pennsylvania Department of Corrections visitor tracking system passed visitors inmate record reflects that Mr. Williams C. Harmon CK2563 on August 3rd, 1995 received Ms. Wolkenstein, Rachel Wolkenstein, an attorney, as a visitor at 11:37:47, is time in, and time out is reflected as 15:32.14.

MS. WOLKENSTEIN: Mr. Harmon was not produced until 12:30. The guards were knocking on the door at 3:15. Three o'clock from 3:15

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was when I left there, after I was interrupted at the end by three guards. We are not talking about checkout times, we are talking about the times that one gets to actually see an inmate.

MS. FISK: And that was, obviously, part of the ongoing conspiracy being contrived by the police and the D.A.'s Office.

May I be advised as to whether Counsel is choosing to put Mr. Harmon on today or keep Mr. Harmon further sequestered so they could further investigate his story?

(Discussion was held off the record at
this time among defense Counsel.)

THE COURT: Let the record show Counsel are conferring with the Defendant Mumia Abu-Jamal.

Has the Defendant made up his mind for you, Counselor?

MR. WEINGLASS: The choice, Your Honor -- and I object to those references by this Court.

THE COURT: Well, you are talking to him, aren't you?

MR. WEINGLASS: I am Counsel in this case.

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THE COURT: I know.

MR. WEINGLASS: And I am making up my mind.

THE COURT: Okay.

MR. WEINGLASS: And I object to this Court sequestering a witness and preventing us from further interviewing a witness who you are insisting we call. I want the witness --

THE COURT: I am not insisting you are calling him. I will call him. The Court will call him for you. Anybody could ask him any questions they want. I will call the witness for you, okay.

MR. WEINGLASS: But it is our record and it is our claim. And we have a right to either put on testimony or not put on testimony.

THE COURT: I'm here seeking justice. The truth. And I will put him on. If you don't want to put him on I will put him on and anybody could ask him whatever they want to ask him.

MR. WEINGLASS: If you put him on in this state without him seeing the photographs, without our confirming his story, you are putting him on over our objections.

THE COURT: Okay, I will put him on

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over your objection.

MR. WEINGLASS: And we strenuously object to the Court putting on this witness. You are compromising a potential witness for the defense.

THE COURT: No, I am not.

MR. WEINGLASS: Yes, you are.

THE COURT: I just want to know what he remembers he saw, that's all.

(Discussion was held off the record at
this time between Commonwealth and defense Counsel.)

MS. FISK: Is Counsel requesting a recess, Your Honor, so they could determine whether or not they wish to call Mr. Harmon today or at a later time after they have investigated this information?

MR. WEINGLASS: The Court made a ruling, the Court is calling the witness over our objection.

MS. FISK: No, I understood --

MR. WEINGLASS: We are not calling the witness. We are not calling an unprepared, unconfirmed --

THE COURT: All right, then.

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MR. WEINGLASS: -- unevaluated witness.

MS. FISK: Do I understand, then, Your Honor, that Counsel is accepting the Court's proposal that the witness remain sequestered until such time as they have fully investigated his story and made a determination as to whether or not they wish to call him? If that is the case I have no objection to that. The witness can remain sequestered, unavailable to the defense; the defense can investigate whatever information they have. The Commonwealth has absolutely no information. We don't have a letter, we have nothing other than Miss Wolkenstein's two-sentence offer of proof. We have no objection waiting until Monday, Tuesday of next week. Counsel could talk to his daughter, his mother, his priest, and they can then be prepared to call the witness as their witness and we could go forward.

THE COURT: Well, I thought they gave us an offer of proof as to what he is going to say.

MS. FISK: Your Honor, this is a three-point offer of proof signed by Miss

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Wolkenstein. There is nothing under oath by this individual. And the offer of proof by Miss Wolkenstein is very general in nature. The Commonwealth also has not had access to the letter which Mr. Harmon allegedly wrote to his attorney other than we saw Mr. Weinglass standing at the bar of the Court at some point holding it.

MS. WOLKENSTEIN: We read it into the record. It has been available since the beginning (handing).

MS. FISK: Thank you.

MR. WEINGLASS: The District Attorney who was present at that time said a copy was handed to her at the same time I got my copy. But they didn't want it.

MS. FISK: And Miss Perkin's statement on --

MS. WOLKENSTEIN: The District Attorney's Office, either.

MS. FISK: That is correct, Miss Perkins' statement to the person who handed it to them was if you want this to go to the defense, you give it to them. She advised that she then handed it back to the individual and

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that individual walked away from her and the Commonwealth never had it in it's possession.

MR. WEINGLASS: It was offered to the Commonwealth and they rejected it.

THE COURT: They thought it was not proper to give to it them. Give it to you. That's what they told the individual to do.

MR. WEINGLASS: I object very strenuously to this witness being sequestered. That is a punitive act by this Court that is unprecedented in this proceeding. No one else has been sequestered. If this witness is sequestered you are interfering with the witness, you are interfering with the defense. You are not giving us an opportunity to show him the photographs. You are not giving us an opportunity --

THE COURT: Well, if he needs to look at the photographs later on we will permit that. You will be permitted to bring him in later on if this is a continuing thing.

MR. WEINGLASS: This is no way to treat a witness who is coming forward after 13 years. He should be shown the photographs before he testifies.

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I do want to say one other thing, Your Honor. I did spend some time --

THE COURT: Well, the suggestion has been offered to me: Suppose you take the witness, the Sheriff takes the witness and takes him right to the scene. Not to look at any photographs, take him to the scene right now. He could look at the scene and then come back in here and testify.

MR. WEINGLASS: No, Your Honor.

THE COURT: What do you mean no? What do you mean no?

MR. WEINGLASS: Of course not.

THE COURT: Why?

MR. WEINGLASS: I will give you one small example, and it is a small example.

THE COURT: Yes.

MR. WEINGLASS: This gentleman contends that his car was parked right near the scene.

THE COURT: Okay.

MR. WEINGLASS: I believe that car might be in a photograph. He also has to look at the photographs --

THE COURT: Counselor, that's

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perfectly all right. He could say that.

MR. WEINGLASS: No, we have to see the photographs to confirm it. Don't you see? We are being interfered with here.

THE COURT: No, no, no, no, no.

MR. WEINGLASS: Of course.

THE COURT: No. He could testify that his car was parked there.

MR. WEINGLASS: It is not the way the street looks now. There are photographs.

THE COURT: You mean if he looks at a photograph and his car is not there, he is not going to say that his car was there?

MR. WEINGLASS: No, I'm not sure what the photographs show.

THE COURT: Well, that's what I am saying to you. What is the purpose? Is he going to say my car was there, and then if you show him a photograph that doesn't show his car there, he is going to say well, my car must have been over here, or my car wasn't there? Is that what you are telling me?

MR. WEINGLASS: Why is the Court speculating so negatively?

THE COURT: Well, because you are

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speculating. And I am giving you the opportunity to take him down there in the custody of the Sheriff and let him look at the scene and then come back in. That's better than the photographs.

MR. WEINGLASS: No, this is an utter shell game.

THE COURT: No, it is not a shell game.

MR. WEINGLASS: They have the photographs, they won't give them to us.

MS. FISK: That is not correct, Your Honor.

MR. WEINGLASS: We can't show them to a witness. The witness is being sequestered and punished. This is no way to run a proceeding. I say this respectfully.

THE COURT: Counselor, Counselor, I know you are saying it respectfully.

MS. FISK: With respect to the photographs, Your Honor, Counsel was told yesterday, and I believe before yesterday as well, that when those photographs were found by Your Honor's clerk on Monday afternoon they were given to Detective Walsh. Based on statement

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made by Counsel in the Courtroom on Monday, that they wanted copies of those photographs, Detective Walsh took those photographs directly to the police laboratory where they have the facility of making copies of photographs using the photographs. That process is ongoing. And are there are multiple photographs, I believe more than 30. Detective Walsh has been told that those photographs which are currently being copied will be completed on Monday. If those photographs are taken out of the chem lab, the process will stop and there will be further delay before copies of those photographs would be available for the defense. This is in fact the reason the photographs cannot be in the Courtroom, is because they were immediately taken to the necessary laboratory to be copied on Monday night. After they were finally discovered by Your Honor's clerk up in Room 788 where the defense had been told they were for the two weeks preceding the date Your Honor's clerk found them.

I would agree with Your Honor's assessment that the showing of photographs to permit a witness to conform his testimony to

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what is in fact the physical scene would not assist us in reaching whether or not this witnesses' testimony is the truth. I again have no objection to the Court's suggestion that the witness can remain sequestered to permit defense Counsel to further investigate his story. If they wish to do that, I have no problem with that. They can investigate other witnesses. They have had opportunity on the 3rd and an opportunity today to speak to him. According to Ms. Weinglass, they have received from the witness the names of other persons who they claim can support this witness' testimony. And if this witness remains in a sequestered state and additional persons are investigated and we come back on Monday, on that date, or on Tuesday, the photographs will have been duplicated, will be available to Counsel, and when the witness testifies they can be shown to the witness on the witness stand. I have no problem with any of those suggestions.

If Counsel doesn't want to do that, then they have the right to call that witness or not call that witness.

MR. WEINGLASS: We object strenuously

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to this witness being put in a sequestered state. Which will be perceived as punishment. It isolates him from us.

THE COURT: Not punishment. I just don't want anyone to get to him.

MR. WEINGLASS: But, Your Honor, as lawyers we have to talk to our witnesses.

THE COURT: I know that but you don't have to talk to him until you get the photographs.

MR. WEINGLASS: After we get the photographs we could meet with him and talk to him.

THE COURT: Do you have any objection to that?

MS. FISK: My understanding was he would be shown the photographs when he was brought in to testify.

MR. WEINGLASS: No, that is no way to hold a hearing. They would never put a witness on without showing the witness the documentary proofs or photographs. We are being asked to do that in death penalty litigation. This is unheard of.

THE COURT: I will tell you what. You

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better start digging up law on this subject, the both of you. I am not about to continue this matter. You told me you have a witness you were ready to bring today and all of a sudden you are not ready.

MR. BURNS: Your Honor, given the surprise nature of this situation, we do not have the position prepared for the situation in which the defense was going to call a witness today and now says that they do not know whether they want to call him or do not know whether they are going to call him in the future based on whether or not they are going to be allowed to show him photographs or talk to his relatives. The Court is correct: We should have some time to find some law on this subject. And I would suggest that we recess for an hour or so so that we could do exactly that.

THE COURT: Well, it's eleven o'clock. Do you want to recess until one o'clock?

MR. BURNS: That's satisfactory, Your Honor.

THE COURT: All right. Recess to one o'clock. Look up the law.

In the meantime, I don't want that

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witness to be near anybody else. Sheriff. You keep him isolated upstairs, please.

MR. WEINGLASS: Are we being denied the opportunity to talk to a witness?

THE COURT: Yes, because you can't talk to him now because you said you have to have the photos first. We don't have the photos so there is no necessity for you to talk to him now.

MR. BURNS: We are talking about two hours, Your Honor, in order for us to decide what we are going to do in the future. The defense has had several hours to speak to the witness already.

THE COURT: They had plenty of time to speak to him this morning. So you keep them separate, Sheriff.

THE SHERIFF: Yes, Your Honor.

THE COURT: Okay, thank you.

MR. WEINGLASS: Over our objection.

THE COURT: Of course, I know it is over your objection.

THE COURT OFFICER: This Court is recessed until one o'clock.

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(Court was reconvened at 1:15 p.m.)

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THE COURT: Good afternoon, everyone. I have issued an order to get the films that are involved in this case.

(Pause.)

THE COURT: I count 33 photos. Is that right?

MS. FISK: That was the reference made, I believe, at trial, Your Honor. That was the number I remember hearing.

THE COURT: All right, we will bring the witness down and I will give him an opportunity to look at these before anybody talks to him.

MR. WEINGLASS: No, objection. We object to this process very strenuously. We do not believe that we have had an opportunity to go over these photographs with the witness. The witness is unprepared, the witness is uninvestigated, the witness is unevaluated.

Furthermore, the Court asked us to do research over the hour and I assume when the Court asks that the Court wants the product of the research. So I will give the Court the

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product of our research. The product of our research is contained --

THE COURT: Well, just give it to me, let me read it.

MR. WEINGLASS: The Court has already been given this days ago.

THE COURT: Give it to me again and I will read it again, Counselor.

MR. WEINGLASS: We will give it to the Court again (handing). The case is --

THE COURT: Do you have any cases that you want to give me?

MS. FISK: No, sir. I'm sorry, on which issue, Your Honor?

THE COURT: Well, he said this issue.

MR. BURNS: For the enlightenment of Counsel for the Commonwealth, which case?

THE COURT: The Government of the Virgin Islands versus Paul Mills.

MR. WEINGLASS: Third Circuit Court of Appeals. The same Federal Circuit that governs this Court.

MS. FISK: It doesn't govern this Court.

MR. WEINGLASS: Yes, believe it or

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not, the Federal Circuit Court of appeals do govern this Court.

THE COURT: Not as far as State law is concerned.

MR. BURNS: I can refer to the relevant parts or I could simply hand them to you, if you wish. They have to do with the Court's authority to deny a continuance in order for defense Counsel to interview a witness.

THE COURT: Okay. I will look at it. Do you want to underline it or anything or pinpoint whatever you want me to review.

MR. BURNS: I will hand it up, if that is the Court's preference.

THE COURT: All right, I will take a short recess while I look them over.

THE COURT OFFICER: This Court will take a short recess until the call of the Crier.

(Brief recess.)

THE COURT: The defense's case, The Government of the Virgin Islands versus Mills is not on point with the issue that we have here. There the judge didn't allow a witness to

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testify. It's not that I am not allowing a witness to testify, I'm encouraging him to testify. He has indicated to the Court that he has knowledge about this case and the Court wishes to hear what he has to say about it.

The cases that the Commonwealth had given me to read talk about whether or not the Court has a right not to allow a continuance, and that is on point here.

Will you give this back.

MR. WEINGLASS: I just wanted to put on the record the fact that during this 15 or 20 minute recess, at the start of it I asked the Court personnel to request of the Court that we be permitted to examine the 33 photographs which we've never seen and which were marked as Court Exhibits in the trial below, and the Court sent word back that Counsel was denied the right to look at the photographs.

THE COURT: Well. I want to be here when you are looking at them, if you don't mind.

MR. WEINGLASS: Pardon?

THE COURT: I said I want to be here when you look at them, if you don't mind.

MR. WEINGLASS: Yes. May we look at

Page 36.

them now? I don't know why the Court insists on it's presence if we look at them.

THE COURT: I want to be here and you don't mind if I am here, do you?

MR. WEINGLASS: I take it as an affront.

THE COURT: Well, take it any way you want. I want to be here while you are looking at them, okay.

MR. WEINGLASS: It is, I think, the question of the Court's bias.

THE COURT: I am, sure, real biased. That's why I want to be here.

MR. WEINGLASS: I take it as a personal affront.

(Pause.)

THE COURT: (Handing).

(Pause.)

MR. WEINGLASS: Having seen the photographs of the crime scene and just the photographs of the crime scene, I'm asking the Court that I be granted the opportunity to review those photographs with the witness for the purpose of refreshing the witness' recollection and preparing him for testimony.

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THE COURT: I am going to give him all the time in the world he needs when he comes down here to review these photos before anyone asks him any questions, any questions at all. If he needs to refer to these photographs to help him out in any way, he has a perfect right to do that.

MR. WEINGLASS: Well, the Court is compelling this witness to testify without reviewing the photographs or reviewing them with Counsel.

THE COURT: No, he will review them.

MR. WEINGLASS: Then I protest this witness being brought here to this Courtroom to testify under these circumstances.

THE COURT: Counsel, if you don't want to call him that's fine, I will call him as my witness and anybody could cross-examine him. He says he knows something about this case. I want to know what he knows about the case. May I have my photos back, please.

MR. WEINGLASS: (Handing).

THE COURT: Thank you.

MR. WEINGLASS: I did want to state one other thing which I omitted -- I'm sorry --

Page 38.

this morning. The witness informed me that he arrived here last night at approximately 9:00 p.m. He was told that there were no cells available. And he was given a wooden bench to sleep on. He indicated to me that he had difficulty sleeping or he couldn't sleep. And that he, he has some feeling today of sleep deprivation and is tired. And I wanted to make that statement on the record as well.

THE COURT: The Court will take that under consideration when he testifies.

(Pause.)

THE COURT: All right, I count 33. Is that correct? Okay.

All right, bring the witness down.

MR. WEINGLASS: The record should indicate that the Court counted the photographs twice after it was handed back by defense Counsel.

THE COURT: Right, I wanted to make sure there wasn't any mistake because when I hand them to him I want to tell him he has 33 photographs to look at. I just wanted to make sure I was correct, I didn't want to mislead the witness.

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Would you bring him down, please.

Bring him down.

(Pause.)

William Harmon, having been duly
sworn, was examined and testified as follows:

THE COURT: Mr. Harmon, before anyone asks you any questions: I am going to hand you 33 photos that were taken at the scene to help you recollect what you may remember of this happening. And during the course of any cross-examination, or by anyone, if you need to refer to them, feel free to do so, okay. But look at them now.

(Long pause.)

THE COURT: Mr. Harmon, if you feel any of them are important just put them aside for your benefit. If you think any of them are important to you, just put it aside for yourself. But go through all of them.

(Pause.)

THE WITNESS: (Indicating)

THE COURT: Hold onto them. How many have you put aside that you

Page 40.

think will help you in this case? Count them.

THE WITNESS: 16.

THE COURT: 16. All right, will you put them over on the side there for you. And will you take a second look at those others to make sure, you might decide you want to look at one of those. Take a second look.

(Pause.)

THE COURT: Is it still 16?

THE WITNESS: Yes.

THE COURT: All right, let me have those other ones here.

THE WITNESS: (Handing.)

THE COURT: Look, I will keep them right here. Right here. Those that you need are right over there (indicating). Now, if perchance you have to go to these again, you can. Understand?

THE WITNESS: Yes.

THE COURT: Okay.

MR. WEINGLASS: Your Honor, let the record show that the witness took 14 minutes to look at the photographs.

THE COURT: Because I asked him to a

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second time.

MR. WEINGLASS: Right.

THE COURT: And I had him look at all of them a second time. So that is seven minutes for each.

MR. WEINGLASS: No, it wasn't broken down that way exactly.

THE COURT: Yes, he looked through all of them including the ones he had initially selected. I am watching him, Counselor.

MR. WEINGLASS: But we are watching the clock also.

THE COURT: You watched the clock, I'm watching the witness. He looked through the photos, all 33 photos, two times, okay.

MR. WEINGLASS: Right. Also at this point, these are photos that were introduced into evidence. I would like to ask if the District Attorney's Office has in it's possession other photographs that were not produced into evidence at the trial below?

THE COURT: Well, I don't know about that, Counselor. This is not the time for any discovery. You said you wanted to look at those photos and I have gotten them for you.

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MR. WEINGLASS: Those are the only available, but now I would like to ask if the District Attorney has other photographs. The District Attorney's staff is here, they could find those photographs. And it would assist this witness.

THE COURT: Well, if he needs any further photos he'll let us know.

MR. WEINGLASS: Well, could we have a representation on the record whether they have other photographs?

THE COURT: Counselor, I had denied discovery in this matter. I have bent over backward for you. I've gotten the photos that were introduced as evidence in the case. We are not here to retry that case at this time.

MR. WEINGLASS: But we are here to attempt to assist the witness to look at all the photographs of the scene of 13 years ago. And the District Attorney's Office might have other photographs.

THE COURT: If he wants to visit the scene, we'll take him, I will have the Sheriffs take him down to 13th and Locust and he could look at the scene.

Page 43.

MR. WEINGLASS: This is 13 years later, there are photographs of 1981.

THE COURT: It is not my fault that it's 13 years later, Counselor. I can't help that.

MR. WEINGLASS: But there are photographs from 1981 which the District Attorney's Office has --

THE COURT: There are photographs that you people took and you people don't even know where they are.

MR. WEINGLASS: I represented I don't have them.

THE COURT: You don't have them. Well, I don't have them either.

MR. WEINGLASS: But they do.

THE COURT: How do you know they do?

MR. WEINGLASS: Because they are sitting quietly and not responding.

THE COURT: I don't know that they have to respond to you.

MS. FISK: We are sitting quietly, Your Honor, because the Court has ruled on multiple occasions over the past few weeks with regard to the discovery requests. We sit

Page 44.

quietly after the Judge gives a ruling. We don't keep fighting.

MR. WEINGLASS: I take that as an admission that they have photographs.

MS. FISK: Take it however you want, Counselor. I am responding to the Judge's ruling.

MR. WEINGLASS: It is grossly unfair to the witness who asked for photographs.

THE COURT: Let's see if he needs anymore. He selected 16 of them. That ought to be enough to help him to tell us what happened. If he could remember.

MR. WEINGLASS: There are more and the witness asked me for photographs.

THE COURT: Counselor, do you want to ask him any questions? Let's proceed.

MR. WEINGLASS: Under the terms already stated.

THE COURT: Okay.

MR. WEINGLASS: I will question the witness.

MS. FISK: I don't believe the witness has been sworn.

THE COURT: I thought he was sworn.

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William Harmon

MR. WEINGLASS: He was.

MS. FISK: My fault.

THE COURT: He was sworn, wasn't he?

THE WITNESS: Yes.

THE COURT OFFICER: Yes, sir, he's been sworn.

BY MR. WEINGLASS:

Q. Mr. Harmon, when did we first meet?

A. This morning.

Q. And when did you arrive here in Philadelphia?

A. Last night.

Q. And where do you ordinarily reside?

A. Ahh, while I'm incarcerated?

THE COURT: He means out in -- where did you come from, Mercer County?

THE WITNESS: Oh, Mercer County, Pennsylvania.

BY MR. WEINGLASS:

Q. Are you in custody now?

A. Yes.

Q. And you are serving a prison term?

A. Yes.

Q. And you came here last night?

A. Yes.

Q. By what means?

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William Harmon

A. Ahh, Sheriffs.

Q. And do you recall approximately when you arrived last night?

A. Around 8:30.

Q. And did you, were you given a bed and a cell?

A. No, I wasn't.

Q. You were not?

A. No.

Q. Did you sleep last night?

A. On the floor.

Q. On the floor?

A. (Witness nodded head affirmatively.)

Q. Do you feel that you've had enough rest from last night?

A. No.

MR. WEINGLASS: Your Honor, I request that the witness be given an opportunity to have a night's sleep and testify when he's rested.

THE COURT: Did you have any sleep up in the cell room?

THE WITNESS: About an hour.

THE COURT: An hour, okay.

MR. WEINGLASS: May the witness be given an opportunity of rest so that he could testify about an event 13 years ago in a

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William Harmon

rested-up state?

THE COURT: I don't think he needs any further continuance.

BY MR. WEINGLASS:

Q. Mr. Harmon, what is your age?

A. 52.

Q. And how long have you been in prison?

A. 16 months.

Q. 16 months?

A. (Witness nodded head affirmatively.)

Q. And how much longer do you have to serve?

A. 18 months.

Q. And prior to this term that you're serving, when was the last time that you were in prison?

A. '69.

Q. Approximately 25 years before?

A. Yes.

Q. So for 25 years, between '69 and about 1993 or '4, you were not incarcerated or in prison; is that correct?

A. Yes.

Q. You understand that you're testifying here today as a Court's witness?

A. Yes.

Q. Now, Mr. Harmon, do you understand how it is

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William Harmon

that you're brought to Court today to testify, how that process that brought you here began?

A. Yes.

Q. How did it begin?

A. I wrote a letter to my lawyer, Mr. Joseph Capone. And I told him since there wasn't anything else he could do for me in my case, there was something that I could do for him. And would he do -- was it -- could he do something for me. And that was would he contact Mr. Jamal's lawyers for me. Because I, I didn't know anything about it. And to let them know that I knew about what happened that night in '81.

THE COURT OFFICER: Excuse me, sir.

THE COURT: Speak into that microphone.

MR. WEINGLASS: May this be marked next?

THE COURT OFFICER: Yes, D-27.

(Copy of letter was marked Defense
Exhibit D-27 for identification.)

BY MR. WEINGLASS:

Q. Mr. Harmon, I am handing you a document that has been marked D-27. And I'll ask you if you recognize that as a copy of the letter that you wrote

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William Harmon

your lawyer on July 29th, 1995 (handing)?

THE COURT OFFICER: D-27 (handing).

(Pause.)

THE WITNESS: Yes.

BY MR. WEINGLASS:

Q. You recognize your signature on that letter?

A. Yes.

Q. And you wrote him that letter from prison, did you not?

A. Yes.

Q. Prior to writing that letter, had you talked to any attorneys for Mr. Jamal?

A. Prior to writing this letter?

Q. Yes.

A. No.

Q. Did anyone ask you to write that letter?

A. No.

Q. Now, after you wrote that letter, were you visited by an attorney for Mr. Jamal?

A. Yes.

Q. And was that last Thursday, August 3rd?

A. Yes.

Q. And do you recognize Rachel Wolkenstein (indicating)?

A. Yes.

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William Harmon

Q. Seated here at the table? About how much time did you have with Miss Wolkenstein when she visited you?

A. About two-and-a-half hours.

(Discussion was held off the record at
this time between defense Counsel.)

THE COURT OFFICER: Next number is 28. That letter was 27.

MR. WEINGLASS: May I have this document marked D-28.

THE COURT OFFICER: D-28, sir.

(Affidavit was marked Defense Exhibit
D-28 for identification.)

THE COURT OFFICER: (Handing.)

MS. FISK: Your Honor, I object. This Court specifically asked -- and I haven't read this yet -- but this Court specifically asked Counsel last week if they had or could provide an affidavit from this witness. And instead of an affidavit from this witness being provided to the Court, we were advised that because the witness was out near Pittsburgh, Counsel were unable to obtain an affidavit from the witness and instead Miss Wolkenstein simply provided to the Court a three-line statement giving a

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William Harmon

summary of the information that Mr. Harmon was going to testify to.

We are now being handed a document with the caption in this case, which appears to be an affidavit of this witness dated August the 3rd, 1995. Which suggests that perhaps there was a misrepresentation made to the Court about the inability of Counsel to present an affidavit. And none has ever been presented to the Commonwealth, and certainly to the Court, prior to it being shown to me after being marked.

MR. WEINGLASS: We will correct that right now in question and answer.

THE COURT: Wait awhile. Wait awhile. Do you need time to look that over?

MS. FISK: Pardon?

THE COURT: Do you need time to look it over?

MS. FISK: Yes.

THE COURT: Take all the time you need to look it over.

(Pause.)

MS. FISK: Your Honor, could I have an opportunity to be provided with a copy on direct

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William Harmon

examination?

THE COURT: You don't have a copy yet?

MS. FISK: No, Your Honor, this is the Court exhibit which has been marked.

THE COURT: Give her a copy.

THE COURT OFFICER: Show it to the witness, sir?

D-28 (handing).

MR. WEINGLASS: Let the record reflect that the District Attorney has been given a copy of D-28.

BY MR. WEINGLASS:

Q. Mr. Harmon, before you turn your attention to that document. Have you had anything to eat today?

A. A sandwich.

Q. A sandwich? And it's now after two o'clock, that's all you've had this morning?

MS. FISK: Frankly, Your Honor, that's more than I've had this morning. Could we please go forward.

THE COURT: Counselor, are we here to find out what his menu was for today or are we here to find out what he knows about this case.

BY MR. WEINGLASS:

Q. Mr. Harmon, you appear to be tired. Are you

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William Harmon

exhausted or tired or hungry?

MS. FISK: Objection.

THE COURT: You didn't ask me if I was tired.

THE WITNESS: Cold.

THE COURT: You didn't ask me if I was tired. Come on. I'm tired too, but let's go. Let the record show we turned off the air conditioner for the witness: He was cold. Now let's go.

BY MR. WEINGLASS:

Q. Now directing your attention to D-28. A three page document. Have you seen that document before?

A. Yes.

Q. And when did you first see that document?

A. When I signed it.

Q. Which was August 3rd?

A. Yes.

Q. Last Thursday?

A. Yes.

Q. And let me ask you this: Is there a notary public out at the Mercer Prison facility?

A. Yes.

Q. Was a notary public available on August 3rd?

A. No.

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William Harmon

Q. Did you attempt to get a notary?

A. Yes.

Q. And one was not available?

A. Right.

Q. So you signed an un-notarized statement?

A. Yes.

Q. Is that correct?

A. Yes.

Q. Now directing your attention back to December of 1981: Did you know who Mumia Abu-Jamal was in December of 1981?

A. Yes.

Q. And how did you know who he was?

A. From the radio station and from a friend of mine that I used to work for. I used to work for Sonny Hopson. And he was a friend of Mumia's. And I met him through Sonny.

Q. Did you ever go to Mr. Jamal's house?

A. No.

Q. Did he ever come to your house?

A. No.

Q. Did the two of you ever go spend an evening together anywhere?

A. No.

Q. So you just knew who he was?

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William Harmon

A. Yes.

Q. And you could recognize him by sight?

A. Yes.

Q. Now directing your attention to December the 9th, 1981, at approximately three in the morning, or thereafter, 3:30: Do you recall where you were at about 3:30 in the morning on December 9th, 1981?

A. Yes, I do.

Q. And where were you?

A. In a restaurant at 13th Street right off of Locust, between Locust and Walnut.

Q. So the restaurant is situated on 13th between Locust and Walnut?

A. Yes.

Q. Is this like a small alleyway?

A. Yes.

Q. On 13th between Locust and Walnut?

A. Yes.

Q. And where is the restaurant with respect to that alleyway?

A. Right next door.

Q. Right on the alleyway?

A. Yes.

Q. And is it on the west side of the street or the east side of 13th?

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William Harmon

A. Hmm...

Q. Well, let me ask it this way. If you're standing on the corner of Locust and 13th and you look up 13th, would it be on your left-hand side or your right-hand side?

A. My left-hand side.

Q. Your left-hand side.

MS. FISK: I am not sure what looking up 13th means. Unless you are talking about looking north.

THE WITNESS: Yes.

BY MR. WEINGLASS:

Q. Looking north, okay. 13th is a one-way street that goes north?

A. Going north, yeah.

MS. FISK: I'm sorry, the response was it was on your left-hand side?

THE WITNESS: Left-hand, yes.

BY MR. WEINGLASS:

Q. And were you alone in that restaurant?

A. No, I wasn't.

Q. Who if anyone was with you?

A. Ahh, at the time I had my girlfriend, Tina Santiago.

Q. Tina Santiago. Did you give Tina Santiago's

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William Harmon

name to Miss Wolkenstein when she interviewed you?

A. Yes.

Q. Have we indicated to you whether or not we have been able to locate her?

A. Ahh, you told me that you got Tina Harmon. She's using my last name.

Q. Have we indicated whether or not we have been able to talk to her yet?

A. No.

Q. Now, you were with Tina?

A. Santiago.

Q. Santiago. And were the two of you eating?

A. Yes.

Q. And did there come a time when you left Tina Santiago?

A. Yes.

Q. And why did you leave her?

A. I seen Mumia standing out front the restaurant.

Q. And what did you do after you saw Mumia standing in front of the restaurant?

A. I got up my seat, out of my seat, excused myself. And told her, I said there go Mumia, I'm going to go out there and holler at him.

Q. Did you go out and meet with Mumia?

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William Harmon

A. Yes.

Q. Did you have a conversation with him?

A. Ahh, for about two or three minutes, maybe.

Q. Now, in that conversation, did he indicate to you why he was there?

A. No, he didn't. He said he was, I asked him what he was doing down here, because it was funny seeing him down here, you know. Big, you know, personality like that, you know, down 13th Street. So he says, he says he's coming down here to meet his friend, a friend of his brother or something. So I said okay.

Q. Did he say whether it was his brother or a friend?

A. A friend, yeah, I think he said a friend.

Q. Do you recall if you indicated to us this morning that he said that he was going to meet his brother?

A. Yes, I did.

Q. Well, do you know whether he said he was going to meet his brother or not?

A. Uhh, I really I -- I can't recall. But... as I'm thinking, I think he said his brother.

Q. Now, how did you arrive to the restaurant that night, if you could recall?

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William Harmon

A. In my car.

Q. And what kind of a car was it?

A. I got a '64 -- well, I had a '64 Electra 225, four-door, dark blue.

Q. Did you park it --

MS. FISK: I'm sorry, I missed the last part of that answer. '64 Electra 225?

THE WITNESS: 225, four-door.

MS. FISK: Yes.

BY MR. WEINGLASS:

Q. And blue?

A. Dark blue.

Q. Dark blue. And was the car with you that night?

A. Yes, it was.

Q. Did you park it that night?

A. Yes, I did.

Q. Where did you park it?

A. I parked it in between the restaurant and... and the, the club next to the restaurant, I think it was Johnny Cadillac or --

Q. Could it be called Whispers?

A. It's in between Whispers and the restaurant.

Q. Between Whispers and the restaurant?

A. Yes.

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William Harmon

Q. And again, as you stand on the intersection of Locust and 13th looking north, would it be on the left-hand side of the street or the right-hand side?

A. On the left-hand side.

Q. On the left-hand side. So your car would be parked on the left-hand side facing north on 13th Street?

A. Yes.

Q. Between Whispers and the restaurant?

A. Yes.

Q. Now, while you were talking to Mr. Jamal, did you hear anything unusual?

A. Well, not for that, ahh, area was it unusual, but I did hear a loud talking.

Q. Loud talking?

A. Yeah, loud voices.

Q. Did it sound like an argument?

A. Yes.

Q. It sounded like an argument?

A. Yes.

Q. And from which direction did that come?

A. Ahh, it was coming from Locust Street, at 13th.

Q. Near the intersection?

A. Yes.

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William Harmon

Q. And when you heard that loud argument, what if anything did you see Mr. Jamal do?

A. He, ahh, he immediately stopped talking to me and started walking towards the parking lot. He walked across the street, walked towards the parking lot.

Q. Did he walk through the parking lot?

A. Yes.

Q. So he crossed 13th?

A. Yes.

Q. And walked through the parking lot?

A. Yes.

Q. And what did you do at that time?

A. I followed him, you know, to a few steps behind him.

Q. Did you cross 13th?

A. Yes.

Q. And did you walk through the parking lot?

A. Yes.

Q. And did anything happen while you saw him walking through the parking lot?

A. Yes.

Q. What happened?

A. I heard a shot. And --

Q. Was that one shot?

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William Harmon

A. One shot.

Q. Was it a gunshot?

A. Yes. I think it was a gunshot, you know.

Q. And at that time where was Mr. Jamal?

A. He was still in the parking lot, on the way across the street.

Q. Ah-huh. And after you heard that shot, what did you see Mr. Jamal do?

A. Continued to walk across the street. I mean through the lot, through the lot, across 13th -- across Locust Street.

Q. Across Locust?

A. Yes.

Q. Did he walk to the other side of Locust Street?

A. Yes.

Q. The south side?

A. Yes.

Q. And did you walk to the south side of Locust Street?

A. No, I didn't.

Q. Where did you position yourself?

A. I stopped in, in little -- I was in the parking lot but it's two entrances to the parking lot, one that comes out on 13th Street and one goes

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William Harmon

in on Locust. And I was in between the two entrances.

Q. Right. And, Mr. Harmon, why didn't you go further on?

A. Because I seen -- I seen -- I seen -- I heard a shot. I looked over at the, the... at the place where I heard the shot at. And I seen the officer fall. I seen Mumia walking towards the officer. Then I heard another shot. And then I seen Mumia fall. So I stopped right there.

Q. Now, at the time you heard the first shot --

A. Yeah.

Q. -- where was Mr. Jamal?

A. He hadn't gotten across -- he hadn't got out of the lot yet.

Q. Right, and at the time you heard the second shot where was Mr. Jamal?

A. He was almost across the Street, on the south side.

Q. And when you heard the second shot what did you see happen to Mr. Jamal?

A. I seen him fall.

Q. Now, prior to hearing the second shot, did you see where the officer was?

A. He was laying against the wall with a gun,

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William Harmon

with his gun out.

Q. He was laying?

A. With his back against the wall.

Q. Was he down on the pavement?

A. Yes.

Q. And his gun was out?

A. Yes.

Q. Now, after -- and his gun was out when you saw Mr. Jamal walk towards him?

A. Yes.

Q. After you heard that first shot that you told us about, did you see anyone leave the area?

A. I seen somebody leave down 12th Street -- down Locust Street running towards 12th Street. I don't know who it was. And...

Q. Right, was this person on the south side of the street?

A. The person was next, talking to the cop, I believe.

Q. And you saw him run on the south side?

A. Yes.

Q. Of the street?

A. After the shot.

Q. Towards 12th Street?

A. Yes.

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William Harmon

Q. That would be running east?

A. Yes.

Q. Do you know how far Mr. Jamal was from the police officer at the time you heard the second shot?

A. It may be about 10 feet.

Q. Pardon?

A. About 10 feet.

Q. Okay. But you were back in the parking lot?

A. Yes.

Q. Did you see Mr. Jamal front or back as he approached the officer?

A. I seen his back.

Q. His back?

A. (Witness nodded head affirmatively.)

Q. And did you see the officer's front or back as Mr. Jamal was approaching?

A. Well, I couldn't see the officer because Mr. Jamal was in front of him.

Q. Right. But just prior to your losing vision of the officer?

A. Yeah.

Q. You say you saw the officer down on the pavement?

A. Yes.

Q. The sidewalk?

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William Harmon

A. Yes.

Q. With his back against the wall?

A. Yes.

Q. And his gun was out?

A. Yes.

Q. And after you heard that second shot once again what did you see Mr. Jamal do?

A. Fall.

Q. Fall. Did you see any movement of his hands?

A. No. He grabbed his hands and put them to his chest (indicating) like, you know, like any ordinary person would do when they've been hit.

Q. And then he fell?

A. He fell.

Q. Having seen the photographs now, do they help refresh your recollection?

A. Yes.

Q. Did you ask me this morning if you could look at photographs?

A. No.

Q. You don't recall saying that to me?

A. Could I look at the photographs?

Q. Of the scene.

A. Oh, yes, I did, yes, I did.

Q. Now, let me ask you a few questions about Mr.

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Jamal's brother Billy.

A. Yes.

Q. Did you know Billy in December of 1981?

A. Ahh, yeah, I knew him. From seeing -- he had a vending, he had a vending station I think. At 16th Street. And I used, when I got off the El I used to see him.

Q. Okay.

A. But I didn't know him personally.

Q. You didn't know him personally?

A. No.

Q. Did you see him that night?

A. I don't think I did.

Q. Do you know the young woman named Cynthia White?

A. Do I know her?

Q. Did you know her then?

A. Yes.

Q. And how did you know her?

A. Well, my woman was a prostitute.

Q. She was a prostitute.

A. And that's the kind of work that she was in.

Q. Did you see her that night?

A. No, I didn't.

Q. After you heard the second shot, did you run

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to the scene of the shooting or what did you do?

A. After I heard the second shot and I seen Mumia fall, a car came up beside him. And a guy got out of the car and pointed a gun at the cop and shot again, got in the car, backed the car up to 13th Street, and went down 13th Street the wrong way. They went, it went south on 13th.

Q. How much time elapsed between the time you saw Mr. Jamal get shot as you described and that car arriving?

A. About 20 seconds.

Q. And did that car pull in behind the police car?

A. Yes.

MS. FISK: Objection, Your Honor. There has been no testimony about a police car.

MR. WEINGLASS: I will withdraw the question.

BY MR. WEINGLASS:

Q. That night as you were in the parking lot looking south towards Locust Street --

A. Yes.

Q. -- did you see cars parked on the south side of Locust Street?

A. Ahh, yes. Ahh, one car must have been, ahh,

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just in front of the cop car.

Q. Did you see a cop car?

A. Yes, I did.

Q. And you saw another car in front of the cop car?

A. Yes, yes.

Q. Did you see any cars behind the cop car?

A. No, I didn't.

Q. When this car that you have described came, where did it stop?

A. In back of the cop car.

Q. And did you see anyone get out of that car?

A. Yes, I did.

Q. The passenger side or the driver's side?

A. The passenger side.

Q. And what did you see that person do?

A. Get out the car, pull out a -- well, he must have had it out but I seen him looking at, you know, get out the car and point the gun down to the cop and shoot one time. Get in the car, the car backed up across 13th Street and went down 13th Street (indicating), the one way.

Q. Did you see what effect if any that shot had on the police officer?

A. Well, when I seen, after he was shot, he was

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shot, he had to be shot in the head or face or somewhere because his face was bleeding.

Q. His face was bleeding?

A. Yes.

Q. After you saw that, what did you do, Mr. Harmon?

A. I immediately backed up, went in the restaurant, got Tina, and told her let's get out of here. She said what's wrong. I said ahh, I don't know, but I'd like to get out of here. So when she got in the car, we drove down, we drove 13th and Walnut and made a left down Walnut. And I was telling her what happened. I said somebody got shot.

MS. FISK: Objection to what he said to her at the time, Your Honor.

MR. WEINGLASS: Well, I think the witness is permitted to testify as to his own statement.

THE WITNESS: The cop got shot and Mumia got shot and I don't want to be around here. Because I don't want to be involved, you know.

BY MR. WEINGLASS:

Q. When you went to your car after you got Tina -- did you leave the restaurant immediately?

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A. Yes.

Q. And when you got back to your car did you see police in the area?

A. As I was starting the car up to leave, they were, I seen them coming.

Q. You saw them coming down 13th?

A. Yes.

Q. But when you got in the car did you see police cars on Locust?

A. Ahh, no. Maybe it was one... coming from Broad. They got there so fast, I don't know why the guy in the car went down 13th Street and didn't get, get stopped. Because the cops was right there on the button.

Q. Okay. Now, I'm sorry to get into this, Mr. Harmon. Could you indicate to the Court what your work was, or employment at that time?

A. I was a pimp.

Q. And was Tina someone who was working with you at that time?

A. Yes.

Q. And was that the reason why you fled the scene?

A. Yes.

Q. Was that the reason why you didn't come

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forward?

A. No.

Q. Why didn't you come forward?

A. I had a mother and, ahh, I spoke to her about it. And she said Bippy, you're downtown every night, you see everything going around, don't get involved. Don't get involved, you'll get yourself in trouble.

Q. Did you contact anyone in the Police Department?

A. No.

Q. Or in the District Attorney's Office?

A. No.

Q. Did you contact anyone on the defense side?

A. Nope.

Q. You said you told your mother about this?

A. Yes.

Q. Did you tell anyone else?

A. Umm... I don't think I did. Maybe... in conversation. You know, like it might have came up.

Q. How about Krystal?

A. My daughter.

Q. Yeah?

A. Well, I tell her everything. That's my baby. I told her.

Q. Right. Does she live in the State of, in the

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Commonwealth of Pennsylvania?

A. No, she doesn't.

Q. She lives out of State now?

A. Yes.

Q. Do you know where Tina Santiago lives now?

A. No, I don't.

Q. With respect to the person who you saw shoot the police officer, the person who came out of the car, did you see that person's face?

A. No, I just seen the back of him.

Q. Did you notice anything with respect to his hair?

A. Yes, it was long and it hung on his shoulders (indicating).

Q. Right?

A. Straight.

Q. It was straight?

A. Yes.

Q. Do you know the size of that individual?

A. No, umm, about -- I guess -- well, I wasn't paying attention to what he weighed or how big he was, I was trying to take cover.

Q. Oh. Did you know an individual at that time who went by the name of Sweet Sam?

A. The name sound familiar.

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Q. Did you know an individual at that time by the name of Detroit?

A. Yes.

Q. How did you know, who is Detroit?

A. Detroit was another pimp.

Q. Was he working in that area at that time?

A. Yes.

Q. And could you describe his height?

A. Ahh, Detroit, he must have been about five-seven, 130, 140.

Q. And how did he wear his hair, do you remember?

A. Ahh, straight. Ahh, like a Johnny Mathis style.

Q. Pardon?

A. You know, how Johnny Mathis wear his hair.

Q. Yeah?

A. Yeah, straight.

Q. You are indicating with your hands that it hangs down?

A. Well, shoulder length.

Q. Shoulder length?

A. Yes.

Q. Straight down to the shoulder?

A. Yes.

Q. You saw Mr. Detroit that night before this

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happened?

A. Ahh... I'm not sure if I seen him before then. I knew I seen him after. After, because we, we were in the restaurant talking. It's a meeting place for all the gang, you know.

Q. That was later?

A. Yeah.

Q. Much later. Now, you know that car that pulled up, had you seen that car around before?

A. Which car?

Q. The car that pulled up with the shooter in it.

A. I never seen the car.

(Pause.)

Q. Did you see Mr. Jamal shoot the officer that night?

A. No, I didn't.

Q. Did you see Mr. Jamal get shot?

A. Yes, I did.

Q. And it's your testimony Mr. Jamal was shot before the officer was shot in the face?

A. Yes.

Q. And he was shot after the officer was on the pavement?

A. Yes.

Q. And the officer had his gun out?

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A. Yes.

Q. You indicated in your statement that after Mister, after you saw Mumia fall back, he put his hands to his chest and he landed against the car. Did you see him land against the car?

A. Yes. He fell against the car and then he fell on the ground.

MR. WEINGLASS: If I could have...

(Discussion was held off the record at
this time among defense Counsel.)

BY MR. WEINGLASS:

Q. Did you see Mr. Jamal with a gun that night at any time?

A. No.

MR. WEINGLASS: I have no further questions.

MS. FISK: May I inquire, Your Honor?

THE COURT: Yes, sure.

BY MS. FISK:

Q. Let me make sure I understand this, Mr. Harmon. You were at a restaurant with Tina?

A. Yes.

Q. And then at some point you see outside the door of the restaurant the man you know as Mumia Abu-Jamal?

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A. Yes.

Q. And you said you knew him from Sonny Hopson?

A. Yes.

Q. Who is Sonny Hopson?

A. He is a disk jockey on WHAT.

Q. And how did you know Sonny Hopson?

A. I used to work for Sonny. I used to drive the funny car. They used to have a car that goes around the neighborhood and he used to give records away with pictures. And he used to --

Q. When had you done that, sir?

A. This was in the late seventies.

Q. During what period of time in the late seventies did you drive that funny car for Sonny Hopson?

A. Ahh... few... '76, '75.

Q. And how in the course of that employment did you have an opportunity to meet Mr. Jamal?

A. Well, like I said, you know, I'm, I'm an all-around man, I used to go around the City, you know, with the car. And I met a lot of people. And, ahh, I think I went to the station one day and met, ahh, Mr. Jamal.

Q. When was that?

A. I, I didn't know exactly the date.

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Q. Well, was that in the period of '75-'76 when you were driving the funny car?

A. No, this was like maybe '78, '79.

Q. Did you have any other opportunity to meet or see Mr. Jamal between then and December 9th, 1981?

A. Ahh, I think I've seen him in the club a couple times.

Q. Which club?

A. Whispers, Kim Graves. Ahh... ahh... all the local clubs that...

Q. Now, sir, when you would see him in the club, would you speak to him?

A. Yes, I would.

Q. I take it you knew Mr. Jamal by name?

A. Yes.

Q. Did he know you by name?

A. Not William Harmon, no.

Q. What name did he know you by?

A. Bippy.

Q. And everybody knew you as Bippy, right?

A. Everybody.

Q. And he certainly knew your name was Bippy?

A. Yes.

Q. Now, when you saw Mr. Jamal outside the restaurant, you told us that you decided to go out to

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holler at him?

A. Yes.

Q. What were you going to holler at him about?

A. Well, that's an expression we use. Went out to speak to him.

Q. Did you have something particular that you needed to speak to him about?

A. Yes, I wanted to, ahh, tell him that Tina loved the way he talked on the tel -- on the radio, and, you know, he had a sound in his voice and the women loved it. You know, the quiet storm type voice.

Good morning, this is Mumia, Mumia Abu-Jamal.

You know, women liked that.

Q. So when you went out to speak to him I take it you took Tina with you so she could meet him?

A. Yes.

Q. All right, so Tina went outside the restaurant?

A. No, well...

Q. Oh?

A. Right there in the restaurant, it's, the tables and the stools were right there and she didn't even have to get off the stool, you know. Like I

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went out there to tell him I wanted him to meet Tina. And that's when all the commotion started.

Q. Well, you told us that you were out there and talking to him for about two to three minutes; is that right?

A. Yes. I wasn't talking to him about Tina. I was talking to him about me and him, you know, like I like, I liked -- my mother even liked his voice.

Q. Well, you just told us that you were going out to tell him that Tina liked his voice?

A. Yes, I was going out there to tell him but I got cross -- I got sidetracked.

Q. You talked about something different instead, by the time you got from your stool to the front of the restaurant you forgot what you were going to go out there for and talked to him about something different?

A. Yeah, because I hadn't seen him in such a long time.

Q. How long had it been?

A. I don't know. And you, you don't see him that often in the street, so when you do see him it's a big thing, you know.

Q. But you just told us that you would often see him down at the clubs there, Whispers and the other

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clubs?

A. I seen him all the time.

Q. Right.

A. I'm saying but the public doesn't see him like that. And Tina wasn't in the public, she was working.

Q. Did you tell us a moment ago that you would run into him frequently?

A. Yes.

Q. At the various clubs in the vicinity of 13th and Locust Street?

A. Yes.

Q. And those clubs included Whispers?

A. Yeah.

Q. What other clubs down there?

A. The Serendipity. Ahh... on 20th and Sansom, Kim Graves. You know. In that area.

Q. Center City?

A. Yes.

Q. So it wasn't at all unusual to see him downtown because he would often be in those clubs and you knew that, right?

A. Not often. He wasn't there every night.

Q. Right?

A. Like I was. Like when you did see him it was,

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you know, like you were glad to see him, you know, because he was out. He didn't come out that much.

Q. And it wasn't unusual to see him down there?

A. Yes, it was an unusual event. For most people.

Q. For you, Mr. Harmon?

A. Oh.

Q. I'm asking about for you.

A. Okay.

Q. Not for anybody else.

A. Yes.

Q. Was it unusual for you to see him down there?

A. Yes.

Q. It was?

A. Yes.

Q. Even though you saw him at these clubs?

A. On several times. But in the course of weeks, months. I mean it wasn't everyday I saw him. So if I didn't see him for like three weeks, that would have been a, a, a, you know, an event.

Q. So you went outside and you forgot to talk to him about Tina and you started talking to him about something else, right?

A. Yeah.

Q. And while the two of you were out there before

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there was any shooting, who else was out there on the street?

A. I can't recall who was out there on the street.

Q. Do you know?

A. Where we were at. Where we were standing at it was just him and I.

Q. Well, did you see anybody else out there where you were or within your field of vision?

A. I didn't see nobody until I heard somebody's voices.

Q. And that's the argument that you told us you heard, right?

A. Yes.

Q. Well, did you look when you heard the argument?

A. Yeah, I looked.

Q. And where was the argument coming from?

A. The southeast corner of 13th and Locust.

Q. And when you looked there, did you see any persons there?

A. I seen a guy talking to a, looked like he was talking to the cop.

Q. Did you recognize the cop?

A. Ahh, not right then.

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Q. Did you recognize the guy?

A. No, I didn't know him at all. Because that's a, you know, like it's pretty far distance just to be looking and to pick out somebody. I couldn't, you know... really. Really couldn't tell you who he was if he's standing in back of the room because that's about as far as it was.

Q. What were they arguing about?

A. I have no idea.

Q. Did you see any anything other than those two persons arguing on the southeast corner?

A. No, I didn't.

Q. Did you see any vehicles at that point when you heard the argument?

A. I seen a cop car and a, I seen a Volkswagen.

Q. Volkswagen?

A. Yes.

Q. How is it you remember that you saw a Volkswagen?

A. Because obviously the cop was talking to whoever was driving the Volkswagen. I thought it was a cab maybe at first. But a cab was on the corner. I don't know which, which direction. It was a cop car, a cab, then a Volkswagen.

Q. Let me just get it straight. You saw a cop

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car. Was the cop car closest to the intersection of 13th and Locust?

A. Yes.

Q. And it had, if the cop car had been proceeding...

A. Had a cab stopped.

Q. So just so I understand the order of the cars: You had a cop car and then was the cab in front of the cop car or behind the cop car?

A. In front of it.

Q. The cab is in front of the cop car and then in front of the cab is the Volkswagen?

A. Yes.

Q. And so you had three cars. Are they all parked or all in the driving lane?

A. They're all on the right-hand side going north -- going east down Locust. But that would be in the driving lane.

Q. Oh. And as I understand it, the cop car was the car that was closest to the intersection?

A. Yes.

Q. And then the cab was further east?

A. Yes.

Q. And the Volkswagen was further east of that?

A. Yes.

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Q. Now, do you know whether the person that was talking to the cop was the driver of the cab or the driver of the Volkswagen, if you know?

A. No, I don't.

Q. Okay. Well, did you see any other driver?

A. No, I didn't.

Q. Did you see anyone in any of those cars when you looked over and saw these two people arguing?

A. No, I didn't.

Q. Now, you told us that after you heard that arguing for a little bit of time, that's when Mr. Jamal stopped talking to you?

A. Yes.

Q. Did he say something to you before he left where you were standing?

A. Ahh, well, he was a little rude: He just walked away from me. You know. And, ahh...

Q. Incidentally, I'm sorry, I didn't mean to interrupt you. When you went out to him that night, when you went out to the front of the restaurant?

A. Yes.

Q. Did you call him by name?

A. Yes.

Q. And did he call you by name?

A. No.

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Q. What did he say to you?

A. Hey, man, what's up.

Q. And what did the two of you talk about in the two to three minutes before he walked away?

A. Well, like I said, I told him about, you know, the women that I was involved with loved to hear him talk, you know, and my mother even liked to hear him talk. And, ahh, just conversation like what's up, where you going, where you been, you know. Like I told him, I said I was taking the lady's breakfast.

Q. So you told him what you were up to?

A. Yeah.

Q. And, now, you said that after about two to three minutes --

A. Yes.

Q. -- is when Mr. Jamal started walking towards the sound of the argument?

A. Yes.

Q. And that caused him to walk diagonally through the parking lot?

A. Yes.

Q. Which had been directly across the street from where the two of you were standing?

A. Yes.

Q. And you followed behind him?

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A. Yes.

Q. Now, as I understand your testimony, at some point while Mr. Jamal was still in the parking lot --

A. Yes.

Q. -- you heard the shot? Or was Mr. Jamal in the street when you heard the first shot?

A. The first shot, he was in the... the parking lot.

Q. He was in the parking lot?

A. Yes.

Q. Now, you told us that at the time of the first shot you were in the parking lot halfway between the two entrances; is that right?

A. It's a big parking lot.

Q. Yes, sir.

A. So by him being in the parking lot going through the entrance that comes on Locust Street, and me going in on the entrance in 13th street, it would have still made us both be in the parking lot at the same time.

Q. Yes. Now, I take it that since you are now following Mr. Jamal towards the sound of the argument --

A. Yes.

Q. -- you're watching where you're going?

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A. Yes.

Q. And you are, obviously, getting closer to the area --

A. Yes.

Q. -- you are walking towards the entire time?

A. Yes.

Q. As you were walking closer, do I understand, though, that you still were unable to see who it was that the officer was arguing with?

A. Yes.

Q. You never were able to see who that was or you would never recognize who that was, is that it?

A. Ahh, I couldn't recognize who shot the cop because when I got that close, I heard the shot and then that unidentified person ran down Locust Street. And that's when the cop was knocked back against the wall.

Q. Now, when that happened -- just so I understand -- after that unidentified person ran down on Locust Street, was the only person, so I am clear, the only single person who was on that sidewalk on the south side of Locust Street was now the cop; is that right?

A. Yes.

Q. There was no one else there?

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A. Maybe on the north side of 13th Street.

Q. Right. No, I am talking about that south side. The north side of --

A. No, ahh, the north side of Locust Street.

Q. Right?

A. No, the south side of Locust Street. The southwest side.

Q. The southwest corner?

A. Yes, southwest corner.

Q. Who was there?

A. Might have been somebody there.

Q. Oh?

A. But nobody was there on the southeast corner but the cop.

Q. And the cop, as soon as this unidentified person that he had been arguing with ran away?

A. Yeah.

Q. The cop you are certain fell down and up against the building?

A. Yes.

Q. And was he in a seated position sort of or was he on his stomach or was he on his side? What was his relative position?

A. He had his back against the wall, his gun out, like this (indicating).

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Q. And do I take it that his --

A. He was holding.

Q. He was sitting?

A. He was holding something. I don't know if it was his chest or his stomach or what, but he was, he had the gun out like this (indicating).

Q. But so I want to understand, though, his back was in against the wall and he was in a seated position?

A. Yes.

Q. And his feet were in front of him?

A. Yes.

Q. Now, you told us that you were about halfway between the two entrances of the parking lot?

A. Yes.

Q. Mr. Jamal was some distance in front of you?

A. He was in the street by now.

Q. Oh, so he was in the street?

A. Yes.

Q. So he was in the street when you heard the gunshot?

A. No, no, no, no, after he heard the gunshot he ran towards the officer.

Q. Right.

A. The officer had the gun out looking up at him.

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And, ahh, the next sound I heard was another shot. And I seen Jamal fall.

Q. Mr. Harmon, you were so far away that you were unable to see who this unidentified person was who ran down Locust Street, right?

A. Well, yes.

Q. But you were close enough that you were able to see that the cop was looking at Mr. Jamal before he fired his gun; is that right?

A. Yes.

Q. So the cop was that much closer to you than this man who had shot the cop?

A. Yes.

Q. I see. How much distance was there between the man who shot the cop and the cop?

A. Well --

MR. WEINGLASS: At what point in time? Objection. I want the question clarified.

BY MS. FISK:

Q. When you saw the two men arguing?

A. Yes.

Q. That is the cop and this other man?

A. Yes.

Q. Were they standing facing each other?

A. Ahh, yes. Arm's length.

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Q. Within touching distance?

A. Yeah, yeah.

Q. When you heard the shot fired were they still in that same position to each other?

A. Ahh, yes.

Q. And what you are telling us is that the cop, his position to you and his distance to you allowed you to see where his eyes were looking, but the guy who shot the cop who was arm's length from the cop was too far away from you to allow you to see his face, right?

A. Well, first of all, when I seen the gun I didn't look at nothing. That's number one. See. So when I heard the shot, I immediately didn't see nothing. He went one way, the cop fell down, and I stopped in my tracks. And --

Q. Did you close your eyes?

A. No, I didn't close my eyes.

Q. You kept looking, right?

A. Yes.

Q. Because you're telling us things that you saw happen after that shot, right?

A. Yeah, but I close -- I, I, uhh, I went to the point where, ahh, I watched Mumia fall. After I heard that second shot, and I looked at him, I said

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oh, let me get out of here. And I backed up. Went back through the parking lot to the restaurant. Before then another car sped right beside him and shot again.

Q. We are going to get to that in a second.

A. All right.

Q. Now, that was, you're getting a little bit ahead of me but that's all right. The guy who ran away after you heard the first shot?

A. Yes.

Q. You said that he went south on Locust Street? I'm sorry, he went east on Locust Street?

A. Yes.

Q. Where did he go when he went east on Locust Street?

A. I have no idea.

Q. Well, did you see him get to 12th Street?

A. No, I didn't.

Q. Did you see if he went into a building?

A. No, he might have got in another car down there.

Q. Well, did you see him get into a car?

A. No, I didn't.

Q. You didn't watch where he ran?

A. No, I didn't.

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Q. Well, this was the guy with the gun, right?

A. Yes.

Q. And this was the thing that made you afraid because there's somebody down there shooting and you're real close, right?

A. Yes.

Q. And in fact you told us that when you heard the shot what you watched was the gun, right?

A. Yes.

Q. So when the guy started running did you see where the gun was going?

A. Yeah, the gun went east on Locust Street.

Q. And how far did you watch him as he went east on Locust Street?

A. Until he went out of sight.

Q. And how far was that? Where was he when you lost sight of him?

A. He was... a little more than halfway down the block.

Q. Now, so I understand: This guy who ran, did you see this guy shoot the cop or you just heard that shot?

A. I just heard the shot.

Q. Before you heard the shot you had been hearing the argument; is that right?

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A. Yes.

Q. And in fact before you heard the shot and you were listening to the argument you were walking towards the cop and this guy, right?

A. Yes.

Q. And you were watching the both of them as you are walking towards them?

A. Yes.

Q. And they were continuing to argue at arm's length to each other?

A. Yeah.

Q. Before you heard the shot?

A. Yes.

Q. And that was the extent of their contact with each other?

A. Yes.

Q. They were arguing?

A. Yes.

Q. Nobody was hitting anybody, right?

A. No.

Q. Okay. Nobody was handcuffing anybody?

A. No.

Q. Nobody was putting anybody up against the car?

A. I couldn't tell.

Q. Now, you told us that there was a line of

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three cars parked on Locust Street. Closest to 13th was the cop car, then in front of the cop car there was a cab, and then in front of the cab there was this Volkswagen?

A. Right.

Q. Where in that line of cars were the cop and this guy who eventually ran away?

A. Between... Between, between the cop car and the cab. Like when the cop pulls up on a car to stop it, it leaves about maybe 4 or 5 feet in between. So if the cop got to go around the cars, so it's right in between those two cars.

Q. And this was a typical Yellow Cab?

A. No, it was a United Cab.

Q. A United Cab?

A. Yes.

Q. Okay. Painted the color yellow? I didn't mean --

A. Yeah.

Q. Okay. Now, you told us that after the first shot and after that guy ran about half of a block when you lost sight of him, Mr. Jamal was continuing to go across the street towards where the cop was, right?

A. Yes.

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Q. And your testimony was that he was in the street when you heard that second shot?

A. No, he was on the pavement.

Q. On the pavement?

A. Yes.

Q. On the other side of the street?

A. Yes.

Q. And at that point that you heard that second shot --

A. Yes.

Q. -- Mr. Jamal, I assume, was walking towards --

A. Towards.

Q. -- the direction where the officer was?

A. Yes.

Q. Would you define his posture as erect? He was standing?

A. Yes.

Q. And am I correct that the police officer was still in the position the officer had been in when you had seen him fall against the wall?

A. Yes.

Q. So he was down below him?

A. Yes.

Q. And how was the officer holding his gun?

A. Ahh, like he was pointing it.

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Q. Well, in what direction was he pointing it?

A. Well, I couldn't tell because Mr. Jamal was standing in front of him. And when I heard the second shot, he obviously had to be pointing it at Mr. Jamal because he fell.

Q. And did you hear anyone say anything when you heard that second shot?

A. Yeah, I heard him slur some words, you know, you son of a bitch you, you know, things like that.

Q. And who was saying that?

A. The cop.

Q. The cop was?

A. Yes.

Q. Did you hear Mr. Jamal saying anything?

A. No, I didn't.

Q. Now, you then saw Mr. Jamal go where after that second shot was fired?

A. On the ground.

Q. Where, did he fall right where he had been standing?

A. No, he fell on the car and then he fell on the ground.

Q. Which car did he fall against?

A. He fell between the cop car and the cab.

Q. And when he fell between the cop car and the

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cab, what was the last position you saw Mr. Jamal in? Again, was he sitting upright? Was he lying flat on the ground? Was he standing? Leaning against the cab? Leaning against the cop car? As best you can describe, what was the position he was in?

A. He was laying on the side, holding his side (indicating).

Q. He was holding his side?

A. Yeah. I think. I'm not -- I can't, I wouldn't swear to it.

Q. When you say he was laying, was he laying up against something or was he laying flat on the sidewalk or laying on the street?

A. On the car. Leaning against the car.

Q. Leaning against the car. I see. And you didn't hear him say anything?

A. No.

Q. Now, am I correct that at that point where you heard the second shot, the only persons that you saw on that south side of Locust Street --

A. Yes.

Q. -- east of 13th Street --

A. Yes.

Q. -- is now Mr. Jamal and the cop?

A. Yes.

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Q. And there is no one else there?

A. No.

Q. And you are certain of that?

A. I'm positive.

Q. Okay. In fact, the third person, or the next person closest to the cop, with the exception of Mr. Jamal, was you?

A. Right.

Q. And there was nobody else in your field of vision?

A. I was across the street in the lot.

Q. Yes, sir. That's what I mean.

A. Yes.

Q. You didn't see anyone else out there?

A. No, I wasn't looking for nothing. Nobody.

Q. All right, so you weren't looking all over the place?

A. No, I wasn't.

Q. But you were looking where the cop was and where Mr. Jamal was?

A. Yes.

Q. And you are certain of what you saw in that area?

A. Yes, I do.

Q. And there was nobody else there?

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A. No.

Q. Now, after that second shot you told us that Mr. Jamal now fell up against one of the cars and was grabbing his side?

A. Yes.

Q. And then you said that a car... a car came up. Yes?

A. Yes.

Q. And you've told us, I believe, that in your estimate that car came up about 20 seconds after you had heard a shot, right?

A. Yes, maybe it was a little, ahh, maybe I exaggerated a little bit. It might have been two or three seconds later. As soon as Mumia fell a car pulled up. It might have been parked on the other side of the street and just turned it's lights on and came across. I don't know, I wasn't paying attention. But the car stopped right beside -- behind, beside the cop car, got out, pulled a gun out, shot the cop.

Q. All right, let me stop you for a moment. As I understand you, the car came on Locust Street, right, it didn't turn off 13th Street?

A. No, no, no.

Q. So it came from Locust Street but you don't

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know how far up the street it had been?

A. Right.

Q. And you saw the car pull up alongside the cop car?

A. In back of it.

Q. Behind the cop car?

A. Yes.

Q. So was it blocking the intersection?

A. Yes.

Q. Okay. So it pulls behind the cop car?

A. Yes.

Q. And it's lights are on?

A. Yes.

Q. What kind of car is it?

A. Midsize, Malibu I think. I think it was a Malibu.

Q. Do you think you know what color it was?

A. Gray.

Q. And did you say that you thought it was a two-door or four-door?

A. Two-door.

Q. And how many persons were in the car?

A. Two.

Q. Male or female?

A. Two males.

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Q. Black or white?

A. Black.

Q. Can you describe the driver to us?

A. No, I couldn't describe the driver at all. I wasn't focusing on the driver, I was focusing on who got out of the car.

Q. And the person who got out of the car got out from the passenger side?

A. Yes.

Q. And as I understand your position, the passenger side was the far side of the car from you?

A. Yes.

Q. Okay. Now, the person got out from the passenger side, kept the door open, and pointed a gun in the direction of the officer?

A. Yes.

Q. Now, the officer was still up against the building?

A. Right.

Q. About what, 10 feet from this car now? 15? You tell me.

A. Maybe... ahh, like where you're sitting at.

Q. Yes.

A. Where that officer is sitting in back of you.

Q. This uniformed officer here (indicating)?

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A. Yeah, yeah.

Q. So that the distance from the guy who got from the car --

A. Yeah.

Q. -- to the officer that he shot --

A. Right.

Q. -- was from where I am to the Sheriff?

A. Yes.

MS. FISK: Who, for the record, is in Courtroom 653 sitting at the bar, Your Honor, separating the public seating from the attorneys' area.

BY MS. FISK:

Q. All right?

A. Yes.

Q. And it's what -- I'm not good -- 10 feet?

A. 10 feet, yeah.

Q. Okay. So from that distance of 10 feet this person who got out from the far side of the car from you --

A. Yeah.

Q. Who had Johnny Mathis style hair?

A. Yeah.

Q. And was about five-foot-seven?

A. Right.

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Q. Fired a single shot?

A. Right.

Q. What was that person wearing, the part of their body you were able to see?

A. Well, it was cold so he was wearing a black leather jacket I think.

Q. Black leather jacket?

A. Yeah, I think it was black. I'm not sure of the color but it was a dark, ahh, coat of some kind.

Q. And it appeared to you to be leather?

A. Yes.

Q. Could you see whether the person had anything on their head?

A. No, I didn't.

Q. He just had his hair down?

A. Yeah.

Q. Johnny Mathis style?

A. Yeah.

Q. And the hair was loose, it wasn't in a --

A. It was straight.

Q. -- ponytail? Now, after that guy shot that shot, did that guy, the passenger in this Malibu, did he say anything when he shot that shot?

A. He called him a son of a bitch.

Q. He seemed to be directing that to the officer?

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A. Yes.

Q. Other than saying -- did he just say son of a bitch?

A. No, he said you son of a bitch you. And got back in the car and backed up. The driver backed the car up and made a right on 13th and went the wrong way on 13th Street towards Pine, I guess that is. Pine there. Spruce.

Q. So the passenger after firing that shot got back in the car?

A. Yes.

Q. The car backs up to the other side of the intersection?

A. Yes.

Q. And then the driver made a right turn?

A. Right.

Q. Up 13th Street?

A. Right.

Q. Okay. Now, where were you during this part of the shooting?

A. I was ducked down on the side of one of the cars that was in the lot.

Q. I have no problem with you leaning back, but move microphone closer to you if you are going to do that, okay?

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A. Oh. I was ducking down behind the cars that was in the parking lot.

Q. Do you remember what car you were ducking down behind?

A. No, no, no. My car was across the street.

Q. Now let me ask you this. Just so I understand. The person that was arguing with the officer the first time, who fired the, or who ran after you heard the first shot, was that person wearing a black leather jacket?

A. I don't know, I think he had a... No, I'm not sure if he had a black leather jacket or not. He had a jacket of some kind, I don't know what style it was or what color it was.

Q. How did he wear his hair?

A. Ahh...

Q. Now we are talking about the first guy.

A. The first guy.

Q. Hight.

A. I think he had extensions, dreadlocks like (indicating).

Q. So it's clear to you, just so I understand, that this second guy who came out of the passenger side of the car --

A. Yeah.

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Q. -- and who fired the shot, was not the same as the guy you had seen running on Locust Street?

A. No, definitely.

Q. And am I correct that the person who was the driver of this car is also not the guy you had seen running on Locust Street?

A. Well, I couldn't say. Because I didn't pay the driver any attention at all.

Q. Oh, okay. Now, how far south on 13th Street did you watch this car drive after it turned right?

A. I seen him turn left -- no, I seen him go down south, down 13th Street until he got out of sight.

Q. I'm sorry, you saw it turn what direction?

A. It must have turned right. Because that's the only street that goes, ahh, west.

Q. I'm sorry, I am confused, Mr. Harmon.

A. Pine Street goes west I think. 13th and Pine goes towards Broad.

Q. No, it doesn't.

A. No. Pine Street.

Q. Pine Street runs towards the Delaware River, Mr. Harmon?

A. Oh, okay. What's the next street from Locust?

Q. You tell me: You're the one who hung out at that corner so often?

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A. Spruce, Spruce.

Q. Spruce is the street below Locust?

A. Yeah. Yeah. No, that's Pine Street. That's Pine after Locust.

Q. All right. That's your recollection?

A. Yeah.

Q. Mr. Harmon, after this car, after the shooter got back in this car, the car backed up on Locust?

A. Yes.

Q. Towards Broad Street, right?

A. Yes.

Q. And then the car turned on 13th Street?

A. Yes.

Q. Right or left?

A. Right.

Q. After the car started travelling on 13th Street, did you see the car turn again?

A. I didn't, I wasn't looking.

Q. Well, what were you looking at?

A. I was looking, after I seen the car pull down the street, I said what the hell's going on here. I immediately walked over to the restaurant, got Tina and said c'mon baby, let's get out of here.

Q. All right, now let me make, let me ask you this. Where was Mr. Jamal at that point?

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A. Where was he at?

Q. Yes, sir.

A. He had, he was laying against the car.

Q. So he was still leaning up against the car?

A. Yeah.

Q. Sort of in an upright position, sort of leaning up against the car, he wasn't on the ground?

A. Yeah, he was on the ground.

Q. Oh, he was on the ground?

A. Yes.

Q. Leaning against the car?

A. Yes.

Q. Which car?

A. Ahh... it was...

MR. WEINGLASS: Let the record show the witness is looking at the photographs. Which he hasn't looked at before.

MS. FISK: Let the record show that they have been there the entire time of his testimony and the Court made very clear he could utilize them at any time.

THE WITNESS: Yeah... he was leaning on the cop car.

BY MS. FISK:

Q. The cop car. Now, after you saw this car that

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the shooter went back into turn right on 13th Street and drive away?

A. Yes.

Q. Is when you turned around and went back into the restaurant?

A. Yes.

Q. Now, you were still, as I understand it you were still about in the middle of the parking lot?

A. Yes.

Q. When you were seeing all this?

A. Yes.

Q. So you had to walk halfway back through that parking lot?

A. Yes.

Q. Across 13th street?

A. Yes.

Q. Into the restaurant?

A. Yes.

Q. You had to tell Tina that the two of you were leaving?

A. Yes.

Q. Okay. And she asked you what it was about?

A. Yes.

Q. And you said what?

A. I told her, I said I'll tell you when we get

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out of here.

Q. Okay. I will tell you when we get out of here. The two of you stopped to pay your bill?

A. Yeah, well, I paid -- well, she paid the bill.

Q. At that point when you walked in --

A. Yes.

Q. -- you picked up the check?

A. She had paid it already. She was just waiting for me to come back.

Q. You go in, say c'mon, I'll tell you about it later?

A. Yes.

Q. The two of you walk out of the restaurant?

A. Yes.

Q. The two of you go up to your car?

A. Yes.

Q. Your car is parked on 13th Street?

A. Yes.

Q. Closer to Locust Street than the club was?

A. No, closer, closer to the restaurant. Right, when you come out the restaurant door you could go right to my car.

Q. Your car's in front of the restaurant?

A. Yeah.

Q. Okay. And she gets in your car?

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A. Yes.

Q. You got into your car?

A. Yeah.

Q. And you drive away north on 13th Street?

A. Yes.

Q. Now, at that time, as you are driving away north on 13th Street, do you see any additional police cars?

A. Yes.

Q. And where are these additional police cars that you see?

A. Coming across Locust Street, coming down Walnut Street. Coming down 13th Street. I had to pull my car over to let them get by.

Q. Oh, so the police car drove right past you?

A. Yeah.

Q. And that was a police car, what, coming the wrong way up 13th Street?

A. Yes, yes.

Q. Did you have your headlights on at that point?

A. Yes. Yes.

Q. Yes?

A. Yes, ma'am.

Q. And you pulled over and a police car passed you going the wrong way?

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A. Yeah.

Q. Yes?

A. If I recall, yes.

Q. And you additionally saw police cars on Locust Street?

A. They were coming down Juniper Street. And coming down Locust. Pulling up on the sidewalk. And parking lot. But I was gone by then.

Q. Now, at that point, then, as you got into your car with Tina?

A. Yes.

Q. And drove north on 13th Street?

A. Yes.

Q. You were leaving the officer up against the building?

A. Yes.

Q. And Mr. Jamal, who was leaning up against the police car?

A. Yes.

MR. WEINGLASS: Objection. The witness indicated he was on the ground. Counsel is misstating the witness' answer.

THE WITNESS: Yeah.

THE COURT: I think he said his body was leaning against the police car.

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MR. WEINGLASS: And then he said he went on the ground.

THE WITNESS: Yeah.

BY MS. FISK:

Q. He was on the ground leaning against the police car; isn't that what you said?

A. Yeah, that's what I said.

Q. That's what I thought you said. Those were the only two people you were leaving on that section of Locust Street, right?

A. Yes.

Q. And as you and Tina drove away you knew based on what you had seen that those were the two people who were there?

A. Yes.

Q. And the police were arriving to give them assistance?

A. Yes.

Q. Because it was clear to you that these two people needed hospital assistance?

A. Yes.

Q. So where did you and Tina go?

A. We went to 58th and Hoffman Street, in our apartment. 1209 South 58th Street.

Q. Well, did there come a time after you and Tina

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left this location that you learned that the officer had been killed?

A. Yes; my mother told me.

Q. Your mother told you?

A. Yes, the next morning.

Q. That next morning?

A. Yes.

Q. And did your mother also tell you that Mr. Jamal had been charged with the shooting?

A. Yes.

Q. Now, I take it, Mr. Harmon, that it immediately occurred to you that this was a terrible mistake?

A. Yes.

Q. You knew that Mr. Jamal had had nothing to do with that shooting?

A. Yes.

Q. And that in fact he himself had been a victim of a horrible circumstance?

A. Yes.

Q. So as soon as you heard that Mr. Jamal, this famous person who people were delighted to listen to and happy to see on the streets, had been charged mistakenly, you immediately called the police and told them that they had made a horrible mistake?

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A. No, I didn't.

Q. Not that day?

A. No, I didn't, at all.

Q. Not the next day?

A. No.

Q. And not any day for the next 14 years; is that right?

A. No -- yes.

Q. Well, you certainly called Mr. Jamal and said to him hey, you know, I could clear you on this, right?

A. No, because Mr. Jamal was in custody.

Q. Well, you knew Mr. Jamal's brother, didn't you?

A. I, I, I didn't know him personally. Like I said, I seen him before, I didn't know him personally.

Q. And you knew where his business was: You told us that?

A. Yes, yes.

Q. His business was at 16th and Chestnut Streets?

A. Yes.

Q. Yes?

A. Yes.

Q. So you walked up to his brother's business and

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told his brother hey, I can be a witness for your brother because I was out there that night?

A. No, I didn't say that.

Q. You didn't do that?

A. I didn't do that.

Q. Well, did you go up to his brother and his vending business and say anything to him?

A. No, his brother wasn't around.

Q. So you went to look for his brother?

A. No, I didn't go look for him. But when you go in that area and you don't see him, you know he's not around. Because he was there everyday.

Q. Well, did you call your good friend Sonny Hopson?

A. Hopson, no, I didn't.

Q. And say hey, you know, your friend Jamal's being charged and this is a big mistake and let him know to get in touch with me, I could clear him?

A. I knew he would have found out anyway.

Q. Pardon?

A. I knew Mr. Hopson would have found out anyway like everybody else did.

Q. You knew Mr. Hopson would have found out what?

A. That Mr. Jamal was charged with a, with a shooting. Because it was on the news. And Sonny

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listens to the news.

Q. I am not talking about advising Mr. Hopson that Mr. Jamal had been arrested, I'm talking about calling Mr. Hopson so he could help you get in touch with Mr. Jamal or Mr. Jamal's lawyer or Mr. Jamal's family to let them know that hey, don't forget to remind Jamal that Bippy was out there with him right before the shooting and he should give me a call because I saw what happened; did you do that?

A. No, I didn't.

Q. So you never notified anyone with the exception of your mother?

A. Yes.

Q. What you saw?

A. Yes.

Q. And six months went by and then the case went to trial, right?

A. Yes.

Q. And you were in town when that case was tried, weren't you?

A. I'm not, I'm not -- when did the trial start? I could tell you where I was at. I'm not...

Q. Trial took place in June and July 1982.

A. Ahh, yes, I was in town.

Q. And were you aware that the case was being

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tried?

A. No, I wasn't.

Q. Did you have a TV set?

A. Yes, I did. Three of them.

Q. Did you have a radio?

A. Yes, I did.

Q. Did you read the newspapers?

A. Yes, I did.

Q. And did you see on any of those things that the case was currently on trial?

A. Yes, I did.

Q. So you were aware that the case was on trial?

A. Yes.

Q. Well, did you walk yourself down to City Hall and stick your head in and see what was going on at the trial?

A. No, I didn't.

Q. Did you pick up a telephone and call an attorney or City Hall information or a newspaper?

A. No, I didn't.

Q. And say hey, I know something about this case?

A. No, I didn't.

Q. You chose to tell no one about what you knew?

A. But my mother.

Q. Except your mother? Is that it?

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A. Yes. And my daughter.

Q. And your daughter?

A. Yes.

Q. Incidentally, Mr. Harmon, throughout this period, were you living in the same place?

A. Yes.

Q. You weren't a hard guy to find, right?

A. No.

Q. So if, for example, someone contacted Sonny Hopson and said hey, we're trying to get a hold of Bippy, do you know where he is, Sonny Hopson knew how to find you, right?

A. Sure.

Q. Now, as I understand it, Mr. Harmon, this information remained with you and your mother until... July 29th, 1995 (displaying)? Is that right?

A. Yes. My mother was, she died June the 3rd, 1994. And I've, I've felt as though it still didn't occur to me because it wasn't nothing in the news about that then. And when I got to Mercer County, I started hearing all these things and reading in the paper about Mumia Abu-Jamal is going to be executed on the 17th and this and that. And I said oh, no, he can't, this can't be done. I told a couple of the

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inmates up there that I promised my mother I wouldn't get involved. He said man, your mother's dead now, so if you could help the brother, help him. So.

Q. So as I understand it, in all those years from December 1981 until the date of your mother's death --

A. Yes.

Q. -- in June 1994, the reason you never contacted anyone was because your mother told you not to get involved?

A. Not -- yes, yes.

Q. And is that because, then, that you wanted to protect your mother or not involve her?

A. Somewhat.

Q. Well, did your mother tell you not to get involved, Mr. Harmon, when in August 1961 you were convicted of unauthorized use of an automobile in New Jersey?

A. Ah, ha-ha, she told me that too.

Q. But she knew about that conviction, right?

A. That wasn't -- that was a... yeah. Yeah.

Q. Well, did you?

A. I was a kid.

Q. I'm sorry?

A. Go ahead.

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Q. Well, did your mother tell you not to get involved when you were convicted on January 30th, 1964 of forgery here in Philadelphia?

A. Yes, she knew about it.

Q. And did your mother tell you not to get involved when you were convicted on November the 2nd, 1965 and charged with uttering and publishing a forged instrument?

A. Yes, she did.

Q. Did your mother tell you not to get involved on January the l0th, 1967 when you were convicted here in Philadelphia of forgery?

A. Yes, she did.

Q. Did your mother tell you not to get involved when you were convicted of larceny in Haverford Township in Montgomery County on January the 13th, 1967?

A. Yes -- no, she didn't know that.

Q. She didn't know about that?

A. No, she didn't know that.

Q. Did your mother tell you not to get involved when you were convicted on December the 19th, 1967 of forgery and uttering a forged instrument here in Philadelphia?

A. Yes.

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Q. And how about your conviction of May the lst, 1969 for forgery, uttering a published instrument, and receiving stolen property here in Philadelphia: Did she tell you not to get involved then?

A. That was mine, yes, she told me, she thought, ahh, something was wrong with me. And you can't forge your own name.

Q. She thought something was wrong with you why, sir?

A. Because they were charging me for forgery. And it was my check.

Q. You were convicted of forgery, uttering a published instrument, receiving stolen property and burglary; is that right?

A. Yes. I couldn't steal my own check.

Q. Well, that is true, you couldn't?

A. Right.

Q. But you were convicted of burglary, weren't you?

A. That's what the judge said I was convicted of, burglary.

Q. I see.

A. That means I stole my own check to cash it.

Q. Stole your own check to cash it?

A. Yes. That's impossible.

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Q. You had a trial, sir?

A. Yes, I did. I got one.

Q. Judge found you guilty?

A. One to two years.

Q. And how about your May 7th, 1969 conviction for larceny and receiving stolen goods and forgery: Did your Mom know about that?

A. I don't know if she knew about that because I was already in jail.

Q. Do you remember that conviction in front of Judge Jamieson, it was a guilty plea for larceny and receiving stolen goods, you were sentenced on May the 7th, 1969? You got five years probation?

A. Oh, okay, she might have knew about that.

Q. And how about a conviction on that same day, May 7th, 1969 in which you were convicted of fraudulent instruments: Did she know about that?

A. She had to know about it: She got me out on bail.

Q. How about May the 4th, 1971, your conviction for fraudulent use of a credit card for under $50: Did your mother know about that?

A. Yes, yes.

Q. How about your August 12th, 1971 conviction for fraudulent instruments and fraudulent

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conversions: Did your mother know about that?

A. What, when was that?

Q. August 12th, 1971, fraudulent instruments and fraudulent conversions in front of Judge Meade, it was a guilty plea, you were placed on probation.

A. Yeah, she must have knew about that.

Q. She knew about that?

A. Yes.

Q. You didn't protect her from that, though?

A. No, I couldn't protect her from that because I needed protection.

Q. How about your June 20th, 1975 conviction for theft and receiving stolen property and theft by deception: Do you remember that one?

A. '75?

Q. Yes.

A. Not guilty.

Q. Not guilty?

A. Yes.

Q. So if the Court records show that under Common Pleas Court term and number 75-02, 0981, you were arrested on January 24th, 1975 and before Judge E.S. Pawelac P-A-W-E-L-A-C were sentenced on June 20th, 1975 to a count of theft, receiving stolen property, and theft by deception, as a result of a

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guilty plea, and sentence was imposed of probation, the Court records would be wrong?

A. I pleaded guilty?

Q. That's what I'm asking you, sir?

A. I don't think so.

Q. You don't remember that?

A. I don't remember that.

Q. How about January 6th, 1977, a conviction in Federal Court for mail fraud: Do you remember that?

A. Yes, yes.

Q. And your mother knew about that, right?

A. Yes.

Q. And you were also convicted for use of a fictitious name, right?

A. Yes.

Q. And, now, you were also convicted most recently on March the 2nd of 1994, weren't you, sir?

A. No.

Q. From the Morton Police Department, convicted for retail theft?

A. When?

Q. You were arrested on August 26th, 1993 and convicted on March the 2nd, 1994 for retail theft from the Morton Police Department?

A. I don't remember that.

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Q. You don't remember that?

A. No.

Q. But that's because there were so many you might tend not to remember; is that right?

A. Yeah. If they wasn't forgeries I don't remember.

Q. It's only the forgeries that you remember?

A. Yes, yes.

Q. Is it correct, Mr. Harmon, that throughout this period of time that these convictions occurred that you were something of a scam artist in town?

A. Will you explain what a scam artist is?

Q. Yeah. You were cheating people left and right; is that correct?

A. Out of what?

Q. Money.

A. Who?

Q. Anybody you could get a nickel from.

A. No, that's not right.

Q. Well, is it correct, Mr. Harmon, that you became so well-known throughout the City for dropping bad checks that your picture was sent to every bank in the Philadelphia area?

A. No, it's not right.

Q. That's not correct?

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A. No.

Q. Well, Mr. Harmon, you were in Court back in, was it May of last year when Judge New sentenced you? Weren't you?

A. Yes, yes.

Q. And that is a sentence that you are currently serving?

A. Yes.

Q. A sentence of 33 months to 10 years?

A. Yes.

Q. And that followed a conviction for possession with intent to deliver a controlled substance, right?

A. Yes.

Q. And at the time of sentencing, do you recall having an opportunity to review the pre-sentence report that was prepared and that discussed your background based on an interview with you and other items that the pre-sentence investigator had a chance to review?

A. Yes.

Q. And do you remember having an opportunity to review that with your lawyer and having the judge have an opportunity to review that?

A. Yes, I do.

Q. And am I correct that the presentence

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investigator in that report characterized you as someone who became so notorious --

MR. WEINGLASS: Objection: It's hearsay. If they want to put that investigator on the stand that is allowed. They can't read in an out-of-court statement which is hearsay.

THE COURT: Well, I was under the impression that he read this.

MR. WEINGLASS: It is still hearsay.

THE COURT: I know that, but the question is did he read it.

MR. WEINGLASS: The objection stands, even if he read it.

THE COURT: Well, that he knew about it then.

MR. WEINGLASS: The question can be did you read the report and he could answer. But you can't read from a report.

THE COURT: No.

MR. WEINGLASS: That was a hearsay document.

THE COURT: No, he already said he read the report with his attorney.

MR. WEINGLASS: That's as far as it could go.

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MS. FISK: I will restate the question, Your Honor.

THE COURT: Okay.

BY MS. FISK:

Q. Let me know, Mr. Harmon, whether you agree or disagree with this characterization of you. From 1964 through 1977 the Defendant was repeatedly involved with schemes involving the cashing of stolen checks. He became so notorious at this unlawful activity that Court records reflect that his picture was sent to every bank in the Philadelphia area.

A. That's the first time I heard that.

Q. Did you read the pre-sentence report before you were sentenced by Judge New?

A. No, I didn't.

Q. Oh, you didn't?

A. No.

Q. Just a minute ago I asked you if you read it and you said you did, didn't you?

A. I read what the pre-sentence investigator told me what was going to happen to me. He told me I was going to get six months.

Q. Pre-sentence investigator did?

A. Yes.

Q. Who is that person who told you that?

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A. I have no idea. And I end up with 33 months.

Q. You ended up with a mitigated-range sentence, didn't you?

A. Yes.

Q. And the pre-sentence investigator told you nevertheless that even though the guidelines called for a mitigated-range sentence of 31 to 36 months, that you were going to get six months?

A. He told me I would get six months in-house arrest for one year.

Q. Was that on the day you received sentence that that pre-sentence investigator told you that?

A. No, that was March. That was March.

Q. Right after your conviction?

A. Yes.

Q. Did you tell your lawyer that your pre-sentence investigator had told you that?

A. Yes, I did.

Q. Now, as I understand it, following that conviction in March 1994, you did file a Post-Conviction Relief Act petition?

A. Yes.

Q. And you filed initially a pro se petition?

A. Yes.

Q. Do you have a copy of that with you today?

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A. No, I don't.

Q. Now, that petition, as I understand it, was assigned to an attorney?

A. Yes.

Q. And that attorney was, you told us...?

A. Joseph...

Q. I think you told us his name is Joseph Capone?

A. Yes.

Q. Now, did you have an opportunity to meet with Mr. Capone?

A. No.

Q. He just sent you some letters?

A. Yes, sir. Letters.

Q. And were the letters letters that indicated to you or said to you that he could find no basis for you getting a new trial?

A. Yes.

Q. Now, when did you receive those?

A. All last year. Umm... From October of seven -- I mean of ninety, ahh, four. Until, ahh, a couple of months ago. The last letter that I received he sent me a Finlan -- Finley letter, is it?

THE COURT: Finley.

THE WITNESS: Finley.

THE COURT: Is that what he said?

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THE WITNESS: Yes, he sent me a Finley letter. Is that correct?

THE COURT: That's the term they use.

THE WITNESS: Well, he sent me a letter and told me I was denied, he didn't have any grounds. My lawyer was incompetent. I mean he was, ahh, he was straight, he knew what he was talking about. I didn't have any grounds to file.

BY MS. FISK:

Q. And is that the letter that you received last October?

A. No, that was the one I received in June.

Q. In June?

A. Yes. This year.

Q. All right. So you didn't receive that letter in July of this year?

A. No.

Q. Now, after you received that letter, I understand it you wrote a letter back; is that right?

A. Yes, I did.

Q. So if in that letter you said that you received the attorney's letter on July 1st you would have been wrong; is that right?

A. Yes.

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Q. You didn't receive it July lst?

THE COURT: Do you have it there?

THE WITNESS: Yeah.

THE COURT: Look at it.

THE WITNESS: I wrote, I wrote this back to my lawyer the 29th of July.

BY MS. FISK:

Q. Right. And you see where it says I received your letter on July lst?

A. Oh, yeah. I received your letter on July 1st.

Q. Well, did you receive it on July 1st or did you receive it in June?

A. I received it July 1st.

Q. All right, so when you said you received it in June you were mistaken?

A. Where does it...?

Q. You just told us?

A. It says on the letter here July 29th, 1995. And it says here I received your letter on July 1st.

Q. Yes.

A. The letter, the Finley letter.

Q. So that's when you received it?

A. I received.

Q. Okay?

A. Okay.

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Q. And you also say in that letter to him that the only thing that was untrue in the case history was the police officer said they had a warrant which they never had?

A. Right.

Q. And my mother nor I signed our names on a warrant. You know why. Because they never had one?

A. Yes.

Q. That is because it is your position, sir, that the police lied on you in your trial, is that it?

A. Yes.

Q. Because the police at your trial said that drugs were being sold out of the house that you and your Mom shared, right?

A. Yes.

Q. And that was the evidence at trial, right?

A. Yes.

Q. That drugs were being sold in front of your infirm mother?

A. Yes.

Q. Who was in a wheelchair?

A. Yes.

Q. And of course that wasn't true?

A. What?

Q. That drugs were being sold in front of your

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infirm mother?

A. No.

Q. Who was confined to a wheelchair?

A. No.

Q. Because you would certainly never allow drugs to be sold in front of your infirm mother, right?

A. Of course.

Q. You wouldn't even let your mother be involved with this case by reporting the fact that you had seen a murder to the police, right?

A. Yes, yes.

Q. So the verdict of the court in that case was completely incorrect; is that right?

A. Incorrect.

Q. Completely?

A. Completely.

Q. But nevertheless, you advised your attorney to tell the defense attorneys that you wanted to share the information now that you have?

A. Yes.

Q. That you have given us today?

A. Yes.

Q. Do you know somebody named Vincent Silaberti?

A. No.

Q. No?

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A. Vincent Silaberti?

Q. Yes.

A. Vincent Silaberti... no.

Q. A cop?

A. Oh, Vinny. Yeah. Yes, I do know.

Q. And how about somebody named Gene Geary?

A. I knew -- yeah, I knew Gene.

Q. Tell us how you know Vinny and Gene?

A. Ha-ha, oh... well, they were the first officers that arrested me.

Q. Way back in 1961?

A. No, not '61.

Q. Earlier?

A. No. '65.

Q. '65?

A. Yeah.

Q. But that wasn't the only time you ever met them, when they were the first cops who arrested you back in '65, right?

A. As I can recall, yes.

Q. The only time you ever came in contact with them?

A. I mean several times after that, I mean. They arrested me a few times.

Q. They were the check squad up in West

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Detectives, weren't they?

A. Okay, yes, yes, ma'am.

Q. They investigated bad checks?

A. Yes.

Q. Fraudulent checks?

A. Yes.

Q. That was something you knew a lot about, right?

A. Yes, yes.

Q. And wouldn't it be correct to say that throughout the sixties and throughout the seventies into the mid-seventies you would regularly give them information about bad check schemes that were going on in their district?

A. Yes.

Q. Isn't that right?

A. Yes.

Q. You worked as an informant for them, didn't you?

A. No.

Q. You gave them information?

A. I told them -- ahh, they would ask me about different things in the area. And I would tell them what I knew. But I didn't inform, inform them of any information.

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Q. And sometimes you would give them that, tell them what you knew by coming up to West Detectives and asking for them and going up into a room in West Detectives and talk to them, wouldn't you?

A. No, after they came and got me. I never volunteered to went up there.

Q. You never just walked into West Detectives and asked for them?

A. No, no, no, no, no.

Q. Are you sure about that?

A. I'm positive.

Q. But you did provide them with information throughout the seventies, maybe up as late as '78, about check cashing schemes that were going on, right?

A. Well, from 1970 when I get out of jail, until '78, I had a dancing school. My own dancing school. So I wasn't doing anything wrong.

Q. Is that the dancing school that you folded and took everybody's money and went out west with?

A. No, that was dancing school I had at 52nd and Spruce Street. And it was still standing.

Q. This was a dancing school that you opened and took money from people and then ran out west with the money; isn't that right, Mr. Harmon?

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A. No, no, that's not right.

Q. You never did that?

A. No.

Q. Am I correct that from '71 through the seventies was when you provided what you knew to Detectives Silaberti and Geary about check cashing schemes?

A. Hmm-hmm, yes.

Q. Nothing bad ever happened to you when you gave them what you knew, right?

A. No.

Q. Incidentally, on this morning of December 9th, 1981, had you been drinking that night?

A. No.

Q. Were you high?

A. I don't drink.

Q. Oh, okay. Do you use drugs?

A. I didn't do drugs either. Then.

Q. In the period from 1979 through 1985, would it be fair to say that you smoked cocaine?

A. No, it wouldn't be fair. No, it wouldn't be fair.

Q. It wouldn't be fair?

A. No.

Q. When you were placed on probation by the

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Federal Court for your mail fraud conviction in 1977, wasn't it an order of your probation that you receive treatment for your compulsive disorders?

A. No.

Q That was never a condition of your probation?

A. Never, never.

Q. So if I brought in that Federal probation file and it showed that you were sent to clinical therapy for compulsive disorders and that you were resistant to the clinical therapy programs, that would be completely incorrect?

A. Incorrect.

Q. And if the pre-sentence reports that have been prepared on you last year reflect that you had a past history of using cocaine, those would be completely incorrect?

A. No.

MR. WEINGLASS: Objection: Hearsay.

THE WITNESS: They would be right.

BY MS. FISK:

Q. Well, when did you use cocaine?

A. Umm, I stopped using -- I started in '81, '82, and I stopped in '85. I started back up in '87.

Q. Do you remember meeting Mr. William Strum, the pre-sentence investigator who interviewed you

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following your conviction before Judge New?

A. Yes.

Q. And did you meet with him on the day of your conviction?

A. Yes.

Q. And he interviewed you?

A. Yes.

Q. Did you tell him that you smoked cocaine from 1979 until 1985 but never had an addiction problem?

A. I didn't, I don't, I don't remember the dates. But I did tell him that I was a smoker.

Q. My question is: Did you tell him that you smoked cocaine from 1979 until 1985 but never had an addiction problem?

A. My answer is no.

Q. You didn't tell him that?

A. No.

Q. So if he wrote that down he was wrong?

A. Yes.

Q. But you did tell him that you don't drink any alcohol?

A. Right.

Q. Because that's correct?

A. Right.

Q. Who is Dyon Anderson, Mr. Harmon? D-Y-O-N

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Anderson, a 45-year-old female.

A. Diane Anderson.

Q. Oh, I'm sorry, I mispronounced it. Yes, sir, Diane Anderson?

A. Who is she?

Q. Yes, sir.

A. One of my female friends.

Q. And how long has she been one of your female friends?

A. Since the seventies.

Q. And since the seventies have you had occasion to visit her?

A. No.

Q. Never been to her home?

A. No.

Q. Do you know where she lives?

A. No.

Q. Would it surprise you to learn that she lives on the 700 block of North 8th Street, about four or five blocks away from Mr. Jamal's family home?

A. No, it wouldn't surprise me.

Q. Because you have never been to her home?

A. No.

Q. Have you ever been to Mr. Jamal's home?

A. No.

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Q. Mr. Harmon, in addition to giving information to Detectives Silaberti and Geary in that period in the seventies, what other police officers or Federal agents have you shared information with in the past?

A. The Federal police, I don't recall their names. But I told them that I had information of the kidnap, the kidnaper that... that was killing them kids in Atlanta.

Q. You were able to give them information?

A. No, he asked me, that's the information he asked me about.

Q. And were you able to give him information about that?

A. No, I couldn't. He showed me pictures of certain individuals, I didn't --

Q. And when was that, that he was showing you those pictures and you were trying to help him with that information?

A. Yeah.

Q. When was that?

A. I guess back in the late seventies.

Q. I take it nothing bad ever happened to you when you spoke to that Federal agent; is that right?

A. No.

Q. Yet despite all of those past relationships

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with police officers, and despite the fact that your mother was aware that you had been convicted in excess of ten times for bad things that you yourself had done --

A. Hmm-hmm.

Q. -- in order to protect your mother, you decided never to tell any police officer or defense personnel about what you saw on December 9th, 1981; is that right?

A. Yes.

Q. Wouldn't have anything to do with the fact that you're making it up today; is that right?

A. No.

Q. Wouldn't have anything to do with the fact that you're in it for the quick buck once again, would it, Mr. Harmon?

A. I haven't been offered nothing.

Q. You're getting out of jail in what, 18 months?

A. Yes.

Q. Have you got a job lined up?

A. I don't know.

Q. And in fact now your mother is deceased, right?

A. Yes.

Q. So you don't have that apartment available to

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you, do you, sir?

A. No.

Q. Now, this guy that you saw get out of the car and fire the shot?

A. Yes.

Q. You know that is the guy --

A. Yes.

Q. -- that fired the second shot in the officer: You told us today that other than being a black man with Johnny Mathis hair, you can't describe him further; is that right?

A. Nah. Brown skin fellow. Medium built.

Q. Medium built. And his height?

A. I couldn't tell the exact height because it was on the other side of the car.

Q. Right, because you didn't have a good perspective, right?

A. Yeah.

Q. Now, this affidavit that you wrote, Mr. Harmon, (displaying), when did you write this?

A. Last Thursday.

Q. Was it while Miss Wolkenstein was visiting you or was it before she came or after she left?

A. While she was visiting me.

Q. While she was there?

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A. (Witness nodded head affirmatively.)

Q. So while she was there and after the two of you had an opportunity to talk you wrote this in her presence?

A. Yes.

Q. And did you give a copy of it to her at that time?

A. Yes.

Q. So when she left the prison facility last August the 3rd, to the best of your knowledge, Miss Wolkenstein had -- what was it, a copy or the original of this affidavit, which has been marked Commonwealth -- I'm sorry -- Defense Exhibit 28?

A. She had a copy of it.

Q. Or did she have the original, that's what I am asking you?

A. I think she had the original.

Q. You gave her the original?

A. Yes.

Q. And that was on August the 3rd?

A. Yes.

Q. Last week? And you told us that because there was no notary public available when you and she were talking --

A. Yes.

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Q. -- that you signed this without benefit of a notary public?

A. Yes.

Q. Miss Wolkenstein didn't offer to tell you that she was a notary public?

A. No, she didn't.

Q. Did you ask her?

A. No, I didn't.

Q. Did you tell her you needed a notary public for it?

A. Yes --

Q. Did she tell you you needed a notary public?

A. Yes.

Q. Now, you told us today that other than this man who was the shooter being a brown-skinned man with Johnny Mathis style hair, shoulder length, with a jacket which you think is leather --

A. Hmm-hmm.

Q. -- and may be black, he came out of the car, that you can't describe him further, right?

A. No.

Q. Yet last week on August the 3rd, am I correct in the middle of the second page you described him as a black man, tall and medium built with shoulder-length hair?

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A. Well, anybody who is taller than me is tall.

Q So you described him last week as tall?

A. I told him that he was taller than I was.

Q. Well, is this written in your handwriting or Miss Wolkenstein's handwriting? I am talking about this affidavit. This handwritten document.

A. What part?

Q. Well, my first question is who wrote this out, you or Miss Wolkenstein?

A. Miss Wolkenstein.

Q. Turn to the second page. Well, let me ask you this, Mr. Harmon, before we talk about the second page. After Miss Wolkenstein wrote this out, did you read it fully?

A. Yes, I did.

Q. And did you make sure that it was correct?

A. Yes, I did.

Q. And was it after you read it fully and made sure that it was correct that you placed your signature on the bottom?

A. Yes.

Q. Now, do you see in the middle of that second page the fourth full paragraph that begins a black man, tall and medium built with shoulder-length hair?

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A. Yes.

Q. Do you see that?

A. Yes.

Q. It doesn't say taller than me, does it?

A. No, it doesn't.

Q. It just refers to him as tall?

A. Yes.

Q. And is that how you described him last week?

A. Yes, I did.

Q. Yet today you told us that you couldn't describe his height at all because he was on the other side of the car; is that right?

A. Yes, I did.

Q. Now, when you drove away, sir, you told us today that as you drove away the only people you were leaving back there was Mr. Jamal and the officer, right?

A. Yes.

Q. Nobody else was out there that you saw, right?

A. That I saw.

Q. Right, yet do you see here two paragraphs down on this affidavit --

THE COURT: Is that the same page for him?

MS. FISK: Same page, two paragraphs

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down.

THE COURT: Okay.

BY MS. FISK:

Q. You already talked about the black man doing the shooting and the car going the wrong way, and then the paragraph says during this time people were coming on the street from the clubs, restaurants and parking lots. Do you see that, Mr. Harmon?

A. Yeah.

Q. Well, which was it: Were people coming on the street from the clubs, restaurants and parking lots, or was Mr. Jamal and the officer the only two people back there?

A. After the shootin'?

Q. Yes, sir.

A. After the shootin' people started coming out of the building then. It wasn't nobody out there during the shooting.

Q. Mr. Harmon, were you here about 30 seconds ago?

A. Yes, I was.

Q. When I asked you whether as you were pulling away the only two people you left back there were Mr. Jamal and the officer, did you hear me ask that

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question?

A. Yes, I did.

Q. Was my question confusing to you, sir?

A. No, it wasn't.

Q. Did you understand my question?

A. No, I understood it.

Q. And when I asked that question and you understood it, did you agree that the only two people who were back there were Mr. Jamal and the officer?

A. From what I saw.

Q. So you didn't see anybody else, right?

A. After that, no, after -- I got in my car and started driving off I didn't see anybody. But when I got to the corner I started seeing people coming out of the clubs and bar and, ahh, the restaurant.

Q. When you got to which corner?

A. Just before I got to Walnut Street.

Q. So the people that were coming out of the clubs were coming out clubs on Walnut Street?

A. No, no, no, no. They were coming out of the, coming out of Whispers, the restaurant, ahh... it was... it's a sleazy little topless bar there on, right next to between Whispers and the restaurant. And, ahh, when I got to Walnut Street, you know, I looked in my mirror and I see, you know, a crowd of

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people. It must have been time to let out.

Q. Now, Mr. Harmon, I understand that you had an opportunity this morning to speak to defense Counsel; isn't that right?

A. No.

Q. That's not right?

A. What, what did you say?

Q. I understand that you had an opportunity to, this morning --

A. Yes.

Q. -- to meet with defense Counsel?

A. Yes.

Q. Now, are you aware, sir -- well, let me ask you this. Did you, and as I understand it, you asked the defense attorney if you could review the photographs that were taken of the crime scene?

A. Yes.

Q. Am I correct, sir, that the reason, or one of the reasons that you wanted to look at those photographs was because you told the defense attorney that you might be able to see a picture of your car in those pictures?

A. Yes.

Q. Now let me ask you this, Mr. Harmon. If within 10 seconds or 15 or 20 of the police officer

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and Mr. Jamal being shot you drove your car away on 13th Street and ended up in West Philly, how could a picture of your car end up in any photos taken of that crime scene?

A. Because I have two cars.

Q. Oh. And what do you do, you have one foot on each gas pedal as you drive into the neighborhood (indicating)?

A. No, I don't.

Q. You just keep one parked down there?

A. Sometimes.

Q. Which car is it that you keep parked down there?

A. The Cadillac.

Q. What kind of Cadillac?

A. I got a, I had a '74 Coupe DeVille Cadillac. Yellow.

Q. And you let that sit parked there while you drove -- what was this car you were driving?

A. A Buick.

Q. -- while you drove a Buick around?

A. Yes.

Q. Was it too much mileage on the Coupe DeVille?

A. No. I keep the car parked in that parking lot sometime. Just in case I wanted to change up while I

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was in town.

Q. How would you get to town?

A. I drove one car.

Q. All right. So if you had one car that you were driving around you still needed to have a second car parked in that parking lot with your stuff?

A. Oh, I had, well, I had my buddy with me sometime and he drove one down.

Q. Well, let me ask you this. Do you see your yellow Coupe DeVille in the parking lot in any of the photos?

A. No, I don't.

Q. Do you remember the tag of that car?

A. My Cadillac?

Q. Yes, sir, your Cadillac?

A. No, I don't.

Q. Who was it registered to?

A. Me. William Harmon.

Q. As you sit here now do you remember whether or not that Cadillac was parked in the parking lot that morning?

A. No, I don't. No.

MS. FISK: May I have a moment, Your Honor. Thank you.

(Discussion was held off the record at
this time among Commonwealth Counsel.)

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BY MS. FISK:

Q. Mr. Harmon?

A. Yes.

Q. Do you see the gentleman, the gentleman right here (indicating)?

A. Yes.

Q. Do you know that gentleman?

A. No, I don't.

Q. You never saw him before in your life?

A. He looks familiar.

Q. If I were to suggest to you that his name is Charles Brown and that he was also a detective at West Detectives in the seventies, would that help refresh your recollection as to who he is?

A. Not really.

Q. Not really?

A. No.

MS. FISK: I have no further questions, Your Honor.

BY MR. WEINGLASS:

Q. Mr. Harmon, are you a little tired?

A. Yeah.

Q. Okay. I won't be long with you. Your record has been read here?

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A. Yes.

Q. Quite lengthy. Is that right?

A. Yes.

Q. In 1969 when you were last in prison you were about 26 years old, as I recall?

A. Hmm-hmm.

Q. Is that right?

A. Yes.

Q. And from the time that you were 26 years old until the time that you were about 50 years old, you stayed out of prison?

A. Yes.

Q. After that first experience you didn't want to be back in prison?

A. Yes.

Q. And I assume you're not enjoying your time in prison now?

A. No.

Q. And I assume you understand that coming to this Court and testifying about Mr. Jamal's innocence is going to make the rest of your stay in prison pretty miserable?

A. Yes.

MS. FISK: Objection, Your Honor. Objection, Your Honor. It might be quite the

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opposite in fact.

THE COURT: Yes, I don't know that we could make that assumption.

MR. WEINGLASS: I'm asking the witness if it's his assumption.

THE COURT: Oh. I don't know what he is going to base it on. But that's all right.

BY MR. WEINGLASS:

Q. Let me ask you this, Mr. Harmon. Are you testifying here today so that your life in prison will be a better one, or do you think testifying here today will make your life in prison pretty miserable?

A. I can't answer because I don't know what's ahead of me.

Q. Okay. Well, let me ask you this. You were giving information to the police when they asked you; is that right?

A. Yes.

Q. You gave information to Federal agents when they asked you; is that right?

A. Yes.

Q. You have nothing against police, do you?

A. No.

Q. You have nothing against Federal agents, do you?

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A. No.

Q. And you were in part cooperating with the police and the Federal agents as a way of staying out of prison, were you not?

A. Yes. You could say, I guess.

Q. So you were trying your best to stay out of prison from --

A. Yes.

Q. -- from the time you were 26 until you were 50?

A. Yes.

Q. Do you know when for sure you'll be getting out of prison now?

A. After this, I don't know.

Q. Why, do you think this might extend your stay?

A. Yes.

Q. Because you're testifying for Mr. Jamal?

A. Yes.

Q. You think you might have to be in prison longer?

A. Yes.

Q. So your appearing here today is going to hurt you, is it not?

A. Yes.

MS. FISK: Objection, Your Honor.

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That's what he thinks. Not whether he will.

BY MR. WEINGLASS:

Q. You think it will hurt you?

A. Yes.

Q. So what's in it for you?

A. I can sleep better at night now, knowing that I came forward and said to what I thought happened.

Q. No matter what your record is with respect to receiving money or larceny, you have a conscience?

A. Yes, yes.

Q. And that's why you're testifying?

A. Yes.

Q. When you gave information to the police or to the Federal agents, did they accept your information?

MS. FISK: Objection, Your Honor.

THE WITNESS: No.

MS. FISK: Withdraw the objection.

BY MR. WEINGLASS:

Q. Did they come back to you more than once?

A. Yes.

Q. Did they come back to you over a period of months?

A. Hmm, no, after the first couple of times they found out what I was telling them wasn't getting them no where, they just forgot.

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Q. Okay. Have you and I had a chance to review your prior criminal record, the way it was laid out here in Court today?

A. Yes.

Q. We haven't talked about your record this morning, did we?

A. No.

Q. To your knowledge, to your knowledge did Billy Cook know that you were there that night?

MS. FISK: Objection, Your Honor. There's no testimony from this witness that Billy Cook was there that night.

MR. WEINGLASS: Right. I will accept that stipulation.

MS. FISK: It is not his stipulation, that is the witness' testimony. He saw Mr. Jamal and the cop, nobody else. It's clear that Mr. Jamal knew he was there that night, though.

BY MR. WEINGLASS:

Q. Why didn't you go to Mr. Jamal's brother?

A. What was that?

Q. Why didn't you go to Billy Cook and tell him what you saw?

A. Well, to tell the truth, I didn't know what to

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do after I seen all that. I was downtown, illegally downtown with two prostitutes. And I really didn't want to... ahh, be questioned about what I'm doing or where I'm at, you know, I didn't need all that.

Q. You didn't want to get involved in this case?

A. Yes.

Q. And you did your best to keep from getting involved?

A. Yes.

Q. That red Malibu, that two-door, red Malibu, do you recall telling me this morning that you had seen that car around that area for some time?

A. I've seen it be, I've seen it before in the area.

Q. And do you recall telling me that you thought it was involved in some kind of pimping operation?

A. Yes.

Q. When you saw the passenger get out of that car, was he moving towards the police officer when he shot at the police officer?

A. No.

Q. What was he doing?

A. He just got out the car and pointed the gun towards the officer and shot.

Q. He was standing on the sidewalk at that point?

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William Harmon

A. Yes.

Q. And his arm was extended?

A. Extended.

Q. Would you take a look at the photographs of the cars on Locust --

MS. FISK: Objection, Your Honor. The photographs were never referred to on cross-examination. This is beyond the scope.

MR. WEINGLASS: The witness did refer to photographs in cross-examination. As a matter of fact, the Court noted it.

THE COURT: I noted what?

MR. WEINGLASS: That the witness had referred to photographs on cross-examination.

THE COURT: I don't remember noting anything, but.

BY MR. WEINGLASS:

Q. Now that you see the photographs, does that in any way refresh your recollection about the order of the cars that were on the south side of Locust Street that night?

A. Yes.

Q. And what was the order of the cars, going from the intersection of 13th and Locust heading east towards 12th?

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A. A police car, a Volkswagen. And I think this is... A Ford.

Q. And in that order going east towards 12th?

A Yes, yes.

Q. Was there anything behind the police car towards the intersection of 13th in those photographs?

A. Behind the police car?

Q. Yes.

A. No.

Q. And looking at those photographs, does that refresh your recollection of what you saw when you were in the parking lot looking south towards Locust?

A. Yes.

MR. WEINGLASS: Thank you. I have nothing further.

MS. FISK: I've got a couple more questions, Your Honor.

THE COURT: Go ahead.

BY MS. FISK:

Q. Just so I understand, Mr. Harmon: Before you began answering any questions today --

A. Yes.

Q. -- His Honor gave you a pile of photographs to look at; isn't that right?

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A. Yes, yes.

Q. And you will recall that in fact Mr. Weinglass said when you were done looking at those photos that you had spent, you had spent 14 minutes?

A. Yes.

Q. Looking at those photos and you had gone through each of them twice?

A. Yes.

Q. And you had as much time as you needed to look at all those photos and refresh your recollection as to what that corner looked like; am I correct?

A. Yes, yes.

Q. And your recollection was fully refreshed when you started answering questions about what that scene looked like; is that right?

A. Yes.

Q. Now, am I correct that having had that opportunity this morning to look at those photographs -- I'm sorry.

MR. WEINGLASS: That was this afternoon.

BY MS. FISK:

Q. This afternoon when you took the witness stand, plus your own recollection of the events, that when you started answering the questions today, you

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were doing so based both on your recollection and as it was refreshed by photographs that you had had 14 minutes to look at?

A. Yes.

Q. And am I correct, sir, that having had that opportunity and that review, when I was asking you questions about the vehicles that you saw on Locust Street, that you were absolutely certain and there was no doubt in your mind that you saw a police car nearest the corner and in front of the police car you saw a, in fact a United Cab, not a Yellow Cab?

A. Yes.

Q. And in fact in front of that cab you saw the Volkswagen?

A. Yes, right.

Q. And is that how you recall it still?

A. I -- yes. I...

Q. Mr. Harmon, do you understand my question?

MR. WEINGLASS: Objection.

THE WITNESS: Yes, yes.

MR. WEINGLASS: The witness has to be given an opportunity to answer that question.

THE WITNESS: I see a cop car, the Volkswagen, and a cab.

BY MS. FISK:

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Q. Right. In your testimony on cross-examination, do you recall saying -- and this was after you had the chance to look at these same pictures in which you see what you told us you see -- do you recall telling His Honor that you saw a cop car, a cab, and a Volkswagen?

A. Yes. I do remember seeing the opposite, the other.

Q. And that's how you remembered it, right?

A. Yes.

Q. And that recollection is as clear in your mind as everything else you recollect about that morning back on December 9th, 1981; isn't that right, Mr. Harmon?

A. No.

Q. Oh, it's not?

A. No.

Q. There are other things that are clearer than that, sir?

A. Yes.

Q. I would take it, then, that what is clearer than that was the fact that as you look at that corner and the officer is against the wall and Mr. Jamal is up against the car, that there is nobody else on that side of Locust Street, that's equally

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clear in your mind; is that right?

A. Yes.

Q. You were just asked about your working hard to stay out of prison after you got out in 1969, right?

A. '70.

Q. You got out in 1970?

A. Yes.

Q. Now, you were arrested many times between 1970 and now, right?

A. Well, no -- yeah, okay.

Q. Isn't that right?

A. Then it didn't occur or nothing.

Q. You received probation for all those convictions in the seventies?

A. Yeah.

Q. But when you were arrested you didn't know you were going to get probation, right?

A. Yes.

Q. In fact, even when you were arrested in 1982, a case that didn't result in a conviction, there was a chance you would go to jail, right?

A. '82?

Q. Yes, sir. Do you remember being arrested in 1982?

A. No.

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Q. You don't?

A. No.

Q. If the Court records reflect that you were arrested on August llth, 1982, they would be incorrect?

A. Where?

Q. In Philadelphia.

A. For what?

Q. For promoting prostitution.

A. That would have been incorrect.

Q. You were never arrested and charged with that?

A. Yeah, I was charged with it, yeah.

Q. I said arrested, sir, I am just talking about being arrested. When --

MR. WEINGLASS: It was dismissed for lack of evidence.

MS. FISK: That is correct, Your Honor.

THE WITNESS: Yes.

THE COURT: I know.

BY MS. FISK:

Q. But when you were arrested in 1982, even there there was a chance that you would go to jail because you were being arrested and charged with a criminal offense again, right?

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William Harmon

A. Not really.

Q. No?

A. No.

Q. You figured you'd never go to jail?

A. No, not for prostitution, no.

Q. Well, when you were arrested in 1975 -- I'm sorry, strike that. When you were arrested in 1989, again in a case which resulted in charges being dismissed or discharged, but when you were arrested, you knew you faced the possibility of going to jail, right?

A. No.

Q. No. When you were arrested in 1993 and charged with these drug offenses, you knew you faced the possibility of going to jail, right?

A. Yes.

Q. And you knew you had something to trade, right?

A. No.

Q. You had the information which solved one of the most famous murder trials in the City of Philadelphia, didn't you?

A. But I didn't realize I had that until two weeks ago when I read it in the paper, you know. I wasn't using that to trade for nothing because if I

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did I would have used it before I went to Court --

Q. Because you would have used it if you had it, right?

A. If -- not really. I wanted to help the brother out. And it didn't make any difference to me at the time what I had to do to do it. My mother's passed, she can't chastise me. So I figure I should help him, come forward.

MS. FISK: Thank you, sir. I have nothing further, Your Honor.

(Discussion was held off the record at
this time between defense Counsel.

MR. WEINGLASS: Thank you, Mr. Harmon. I have no further questions.

THE COURT: Anything further today, gentlemen?

MR. WILLIAMS: Your Honor, there is one other matter. Regarding the August 7th letter to the Court where we attached numerous exhibits, in particular Xerox cases pursuant to Your Honor's directive, we now ask the Court, for our own scheduling purposes, if Your Honor's reconsidering any of the rulings that are addressed?

THE COURT: Well, what rulings are you

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talking about?

MR. WILLIAMS: Well, for example --

THE COURT: Be specific. What do you want?

MR. WILLIAMS: For example, in the letter we ask that we be permitted to call numerous police officers concerning the confession. In particular, Police Officer Bell, Heftner, Hinkel, Cook, Dunn, Captain Bob, Security Guard Kenney. The nurse.

THE COURT: Were they the ones that testified at the trial?

MR. WILLIAMS: Ahh, well, I know that Mr. Bell, Officer Bell testified at the trial.

THE COURT: Security guard testified.

MR. WILLIAMS: But not Security Guard Kenney. I believe that was Security Guard Durham.

THE COURT: Well, who is Kenney?

MR. WILLIAMS: He was another security guard at Jefferson Hospital.

THE COURT: Well, he may have but what does he have to do with this case?

MR. WILLIAMS: It is all fully addressed in the letter.

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THE COURT: I know the letter. What did you give the D.A. as to -- did you get an affidavit from him or anything?

MR. WILLIAMS: No, there are police reports. They know full well what Mr. Kenney would testify to. I would expect that he would testify in conformity to his police reports. And that's why we would like to call him.

MS. FISK: I'm sorry, Your Honor, these are all witnesses that we objected to their being called when it was suggested by defense Counsel because none of these witnesses are witnesses about whom Mr. Jackson was asked a basis for not calling.

THE COURT: Right.

MS. FISK: Our position was, without any explanation from Mr. Jackson, Counsel at this juncture has no right to call them.

THE COURT: Do you want to call Mr. Jackson back again?

MR. WILLIAMS: No, we do not. We should do that, but I did address that point in the letter. If Your Honor will recall.

THE COURT: If you want to call Jackson back again call him.

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MR. WILLIAMS: So Your Honor is denying our application?

THE COURT: What I have done before I've done.

MR. WILLIAMS: And what about the rest of the witnesses addressed in that witness letter?

THE COURT: Anything I have done before I have done. I see no reason why I should change any ruling I have made.

MR. WILLIAMS: In light of the August 7th letter.

THE COURT: I said whatever I have ruled on I have ruled. And you have an exception.

MR. WILLIAMS: That's all I am asking: If you have reconsidered your ruling.

THE COURT: Why would I have second guesses about my ruling? I wouldn't have made it in the first place.

MR. WILLIAMS: Your Honor asked for case law. We provided that case law.

THE COURT: Yes, I know.

MR. WILLIAMS: So I am only here asking Your Honor if in light of the case law --

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THE COURT: I changed my opinion?

MR. WILLIAMS: Yes.

THE COURT: No, it hasn't changed my opinion.

MR. WILLIAMS: Very well.

THE COURT: Do you have any other witnesses?

MR. WILLIAMS: I don't think we have any other witnesses today. But let me confer with my Co-counsel.

(Discussion held off the record among
defense Counsel at this time.)

MR. WILLIAMS: No other witnesses today.

THE COURT: All right, do you have a list of witnesses for tomorrow?

MS. WOLKENSTEIN: Your Honor, there are two other matters.

THE COURT: No other matters. I want to know, do you have a list of witnesses for tomorrow? So you could give it to the D.A. so we don't lose anymore time. If there are no witnesses for tomorrow we could take up whatever you want to discuss tomorrow.

MS. WOLKENSTEIN: We will take it all

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up tomorrow, Your Honor.

THE COURT: Okay, do you have any idea of any witnesses?

MR. WEINGLASS: We will inform the District Attorney's Office.

MS. FISK: Well, Your Honor, the Commonwealth --

THE COURT: I had asked you for a list long ago and I would like to know where we are going.

MS. FISK: I had also advised the Court that the Commonwealth at some point when Defense rests will be prepared to rebut some witnesses raised in these proceedings. Some of those witnesses are not police officers, and it is inconvenient to keep them in Court. So I would like some indication as to when the defense will be completed with it's presentation of witnesses so I will know when to have those Commonwealth witnesses available to Court.

THE COURT: Yes, I would like to know where we are going too. By the way, are you going to call the Defendant? Or his brother?

MR. WILLIAMS: Umm, Your Honor, we don't intend to call any further witnesses. All

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we would ask is a witness list, if it's in any way altered from the witness list that we've already received. As well as affidavits from those witnesses.

THE COURT: Okay.

MS. FISK: Your Honor, if defense has no intention of calling any additional witnesses --

MR. WILLIAMS: Well.

THE COURT: She doesn't want to put on her case until you say you have no more witnesses.

MS. FISK: I thought he just did say that.

MR. WILLIAMS: I may have misspoke.

MS. FISK: I will sit down.

THE COURT: You may call the Defendant?

MR. WILLIAMS: Your Honor, I didn't say that. I didn't say that.

THE COURT: Okay. How about his brother?

MR. WILLIAMS: We have no intention of calling Billy Cook to the stand.

THE COURT: Okay. Then why don't you

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let me know tomorrow what you intend to do so I could then advise the D.A.

MR. WILLIAMS: Tomorrow, that's what I was referring to.

THE COURT: That's what I say, tomorrow you will let me know.

MR. WILLIAMS: Tomorrow we will not be calling any defense witnesses.

THE COURT: Tomorrow you will let me know if you have no more witnesses at all. And then I will give her a chance to prepare her list and get it over to you. We will do that on Monday.

MS. FISK: So the Commonwealth is not expected to have any witnesses available tomorrow; is that correct?

THE COURT: Well, I don't know. Are you saying that you want them to have witnesses for tomorrow?

(Discussion was held off the record at
this time between defense Counsel.)

MS. FISK: That's precisely what I was driving at.

THE COURT: Oh, you want her to get a list for tomorrow?

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MR. WILLIAMS: If they could produce witnesses for tomorrow it might be a good way to use up the day.

THE COURT: I only have one question: You are not going to call the Defendant?

MR. WILLIAMS: I have already indicated.

THE COURT: I know that, but I would like to hear from the Defendant.

MR. WILLIAMS: I don't believe that that's required, Your Honor.

THE COURT: Well, I don't know, I don't want to have a second PCRA hearing.

MS. FISK: That was going to be my request, that at some time, Your Honor -- and I will make that request at the appropriate time when the defense indicates it is calling no further witnesses -- I would make the request on the record to establish that that is in fact --

THE COURT: I want a colloquy to make sure that the Defendant understands that he has a right to take the stand if he wishes and he also has a right not to. All I want to know is whether this is his wish. Because I don't want to get another, second PCRA against you

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gentlemen from New York accusing you of preventing him from taking the stand.

MS. FISK: I would also ask, Your Honor, to place on the record -- with the exception of those witnesses whom the defense offered whose subpoenas were quashed who were in the Courtroom and not permitted to testify -- I would ask whether there were any additional witnesses who they are not calling and if they are not calling them that it is as a result of an intentional, strategic decision and for no other basis?

THE COURT: Do you want to think about it until tomorrow?

MR. WILLIAMS: Let's bring it up tomorrow.

THE COURT: Okay, let's think about it until tomorrow. Okay, adjourn until tomorrow.

THE COURT OFFICER: Court stands adjourned until 9:30.

(The hearing was adjourned for the day at this time.)

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I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me on the trial of the above cause, and that this copy is a correct transcript of the same.

Official Stenographer

Date



The foregoing record of the proceedings upon the trial of the above cause is hereby approved and directed to be filed.

Judge