and further
Statement of Facts in New Jersey Trial of Assata Shakur:
“As a member of Assata’s New Jersey trial legal defense team, and her appeal lawyer, I think a correct statement of the circumstances of New Jersey Trooper Werner Foerster’s death as established by exhibits, trial testimony and forensic evidence and that conclusively repudiate the revisionist lies now being advanced by the State of New Jersey as “fact”, need to be repeated.”
“1. The finger print analyses of every gun and every piece of ammunition found at the scene showed there were no fingerprints of Assata found on any of them. (The official analyses admitted into evidence)
2. Neutron Activation Analysis taken immediately after Assata was taken to the hospital that night showed there was no gun power residue on her hands. Effectively refuting the possibility that she had fired a gun. (The official analyses were admitted into evidence)
3. As a result of the bullet Harper shot under her armpit, while her arms were raised in, her median nerve was severed, immediately paralyzing her entire right arm, shattering her clavicle, and lodging in her chest so close to her heart that an operation to remove it was not feasible. A neurologist testified to that fact at the trial.
4. A pathologist testified that “There is no conceivable way that the bullet could have traveled over to the clavicle if her arm was down. That trajectory is impossible.”
5. A surgeon testified that “it was anatomically necessary that both arms be in the air for Ms. Chesimard to have received the wounds she did.”
The state offered no expert witnesses to refute this medical testimony.
6. Photographs depicting the gunshot entry wound under her armpit and the entry wound of the bullet Harper shot into her back were admitted into evidence during the trial.
Therefore, since no evidence existed that proved Assata fired the bullet that killed Trooper Foerster, why was she found guilty of his murder? There are several explanations:
The first is that the climate of hatred, prejudice and racism that had so contaminated the Middlesex County jury pool in 1973 that a change of venue was ordered, continued to exist in 1977. The unanimous opinion of the 1973 jury pool was “If she’s Black, she’s guilty.” After three defense motions for change of venue, Judge Leon Gerofsky granted the motion, stating, “It was almost impossible to obtain a jury here comprised of people willing to accept the responsibility of impartiality so that defendants will be protected from transitory passion and prejudice.” The trial was then moved to Morris County where Assata’s trial was severed from Sundiata’s because of her pregnancy.
In 1977 Assata began trial for the second time in this same Middlesex County, and this time jury nullification was insured: The jurors chosen to determine Assata’s guilt or innocence consisted of five jurors who were either relatives or close personal friends of state troopers or of state law enforcement officers.
However, Assata was not convicted of firing the shot that killed Trooper Foerster. She was convicted as an accomplice to his murder under New Jersey’s “aiding and abetting” statute. Under New Jersey law, if a person’s presence at the scene of a crime can be construed as “aiding and abetting” the crime, that person can be convicted of the substantive crime itself. Judge Theodore Appleby charged the jury that they were permitted to speculate that Assata’s “mere presence” at a scene of violence, with weapons in the vehicle, was sufficient to sustain a conviction of the murder of Trooper Foerster. She was also convicted of possession of weapons – none of which could be identified as having been handled by her and of the attempted murder of Trooper Harper, who had sustained a flesh wound at the time of the shootout.”
Site marked as dangerous, which is thrilling.
Source Article from http://mondoweiss.net/2017/08/ensconced-advocate-sarsour/
Related posts:
Views: 0