Len Weinglass was asked, "Have we ever looked for the person who shot the officer?"

12/15/98

"The answer to that is, I have to say yes. Do you think we know who shot the officer? The answer to that is yes. And do you think we can prove it? And the answer to that is, if we have a court that is willing to hear it we think we can. And let me just support that with this, and I can't lay out all my cards but I will lay out this.

"After 13 years we were able to put on the stand in 1995 an officer named Dimatto (need check on spelling), who was part of the investigation. And officer Dimatto testified for the first time, 13 years after Mumia's trial, that when they found Officer Faulkner he had on his person a driver's licence belonging to a third person. The position that the DA has always taken is that there were only two people out there, Mumia and his brother. What is this driver's licence belonging to a third person that was either in his hand or in his pocket of Officer Faulkner.

"And it later turned out in that hearing that the police that night went out and arrested that third person and Mumia's lawyers were never told this. And that third person was brought into the police station. And that third person we found and put on the stand in '95. And he said, yes, that was my licence. And yes, I was arrested that night. And I was broughout down to the police station. Was he the person who was out there who shot the officer and ran. He said, "no, I wasn't becasue I was able to produce a receipt from a 24-hour supermarket that showed that I was shopping at the time of the shooting. But I told the police that I had given that license to another person." And the police went out and got that person and broughout him in. And that person was later found dead. Now this person who said that he had given the license also testified that that third person they brought in was identified in a line-up by witnesses to the shooting. The police deny this. That's an indication that yes there was a third person. There is one other indication. It wan't on Sam Donaldson's show, he talked about the ballistic. I can tell you this. The prosecutor's evidence showed there was a copper jacket on the sidewalk next to officer Faulkner. A copper jacket is a jacket that wraps around a bullet. Is that significant? Yes, because Mumia's gun cannot fire a copper jacketed bullet. And because Faulkner's gun cannot fire a copper jacketed bullet. Whose gun fired the copper jacketed bullet? That's in the police record. The copper jacket was found. They might take the position that it was just a copper jacket that was on the sidewalk from before? Well, let them take that position in front of a jury and let's see what 12 people might think of that?

"Did any of this get on Donaldson's show? No. Did anything get on Donaldson's show that said Mumia's lawyer testified that he didn't interview a single witness, his investigator testified that he quit the case before the trial becasue there weren't enough funds, his firearms expert said he never examined any of the ballistics because there weren't enough funds, a doctor testified that Mumia needed a doctor but he couldn't be brought in because there weren't enough funds, that eleven qualified jurors were removed because of race, that the prosecution used wrongfully, according to Supreme Court standards, Mumia's political history 12 years earlier when he was 16 years old, was any of that mentioned on Donaldson's program? No. Donaldson didn't go near those questions. But the day the program aired he was interviewed by the Philadelphia Inquirer and he said, 'he was convicted properly.' but they wouldn't put on any of the procedural. What was I talking about for over an hour, with Donaldson. I was saying, Look, I want to tell you what is uncontradicted here, what both the prosecution and ourselves agree on. I laid all of these facts. it's on the cutting room floor. None of it was aired.

"It doesn't have a caliber, to my knowledge. It's a jacket that wraps around. But it has to be fired by a certain kind of a weapon. Mumia's weapon and Faulkner's weapon do not match."

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