Anatomy of a Racist Frame-Up
The Case of Mumia Abu-Jamal
Appendix No. 3: Declarations of William Cook
15 May 1999
I, WILLIAM COOK, hereby aver under penalty of perjury the
following:
1. I am the brother of Mumia Abu-Jamal.
2. I was present near the intersection of 13th and Locust, in the
City of Philadelphia, on December 9, 1981 when Police Officer Daniel Faulkner
was killed.
3. I was stopped by Officer Faulkner while I was circling around
City Center in my Volkswagen with Kenneth Freeman, who was called Poppi, as a
passenger. Freeman ran from the scene after Officer Faulkner was shot.
4. Mumia Abu-Jamal did not shoot Officer Faulkner and I did not
shoot Officer Faulkner.
5. Freeman told me after that night that there was a plan to kill
Officer Faulkner, that Freeman was part of that plan, that he was armed that
night and participated in the shooting.
6. I have been afraid since that time to tell anything about what
happened that night.
(signed)
WILLIAM COOK
Supplemental Declaration of William Cook
29 April 2001
I, WILLIAM COOK, declare:
1. If called to testify as a witness in this matter I would
competently testify to the following from my own personal knowledge:
2. On the night of December 9, 1981 I was with my partner Kenneth
Freeman, my friend from childhood.
3. Mumia had stopped by at my stand that night. He would do that
periodically. Mumia had been robbed about a week before.
4. I left my gun locked up at my stand that night, but Poppi
always carried his gun. It was a 38.
5. I probably was wearing a black knit cap. I had dreds and always
tucked them in.
6. We had closed up late at night.
7. Kenny (Poppi) and I had hit a few bars. We were just unwinding.
We used to do that all the time after we closed up the vending stand for the
night.
8. We were headed along Locust.
9. Poppi had got some beer and gotten back in the car.
10. At Locust at about Juniper I saw flashing lights of a police
car. He followed me for about a half a block and I pulled over behind another
car in the first empty spot on the south side of Locust.
11. I had wooden bumpers on my car and they were supposed to be
metal. I had been stopped for that but he never said anything about that or
gave any reason to have stopped me. I never hit him.
12. I had never seen him before. I knew the cops that worked in
the district where my stand Locust and 13th is an adjacent district but I
didnt ever see him before.
13. I got out my car. Poppi stayed in the car in the passenger
seat. I let him (the cop) know I was not happy.
14. After that we went back and forth verbal confrontation. He
pulls out a stick or some kind of object and slaps me in the head three times.
By that time he had me on the side of the car. I started bleeding profusely. So
I go back to my car to get my paperwork.
15. I never raised my hand to the policeman. I may have gone to
block him when he was hitting me. Thats all. I am not that stupid. I
never hit a cop. He hit me with a flashlight and I was bleeding but then he let
me go back in my car.
16. After that I got in the car. I was in the front seat looking
in the back seat.
17. There were people on the street. There always were in that
area. The bars were supposed to close by two oclock but the clubs stayed
open later. Some until 5 oclock. They served drinks anyway.
18. I cant say I recall where other people were and I
cant describe anyone was, but there were people milling about. I never
saw a taxi that they later claimed was there. I dont really know how many
people were on the street. But there were always people out there it
didnt matter what time. It could be five in the morning and there would
be people.
19. When I heard the first shot I was in the
drivers seat facing toward the back of the car looking for something in the
back seat to give to the cop like an owners card. I am not the organized type
and I didnt keep papers in the glove compartment. The back seat had a lot
of papers and things from the stand, teddy bears, stuffed animals. We sold all
that kind of stuff. Like special stuff for the holidays like on
Valentines day wed have Valentines and we sold novelty items and
artificial flowers.
20. When I had gotten in my car Faulkner was in
front of the car by the hood where he had stopped me and frisked me. When I was
in the car looking in the back, I heard gun shots and saw sparks but I
didnt see him shot. I saw flashes of a gun out of the side of my eye. He
was standing in front of the car but I didnt see him shot. I was facing
the back of the car.
21. Out of my peripheral vision I knew, I could feel other people
around but I cant say where they were. His car was behind mine and the
policeman was standing on the street between my car and whatever car was parked
in front of me.
22. When I first saw my brother, he was running. He was feet away
from me. We hadnt made any plans to meet that night or anything like that
and I didnt even realize that he came around that area there to pick up
fares. He had nothing in his hands. I heard a shot and I saw him stumble. I
didnt see who shot him. He was stumbling forward.
23. It is strange people told me later everything happened in a
few seconds but I could never see it that way. It seemed like everything was
happening at once, but it took a long time. I have tried over the years but I
cant see it as a few seconds. It seems to me as if it was 45 seconds not
three.
24. When I was looking in the back seat Poppi was still there and
then I looked and Poppis door was open. He had been in the passenger seat
and I dont know which way he had gone. He left the area right after this
happened.
25. Later Poppi talked about a plan to kill Faulkner. He told me
that he was armed on that night and participated in the shooting. He was
connected and knew all kinds of people. I used to ask him about it but he
talked but never said much. He wasnt a talker. I didnt see Poppi
for a while after that.
26. Poppi had been in Germany in the army. That night he was
wearing his green army jacket. You know just a regulation army jacket. The
jacket he always wore. He had been discharged. I dont know for what.
27. I got out. I wanted to run maybe I could have gotten away. I
even started to run. I did. But I couldnt run because of my brother. Not
after I saw my brother down on the ground.
28. I spoke to him. I told him, Im here for you.
I dont remember his answering, but I remember his groan.
29. I saw a gun on the street. It was in the gutter. I kicked it
under my car. Before the cops came.
30. If they asked me something, I dont remember. I
didnt answer them anything. I sure dont remember them reading me my
rights. I knew Shoemaker. He used to stop by my stand and sit there and smoke
weed. His wife used come to my stand with him.
31. I think they took me away before they took Mumia or the cop. I
remember them pushing me. But I cant remember whether I was in a paddy
wagon or a squad car or whether I was sitting up or not. My mind was just not
to talk.
32. When they had me in the police station they threatened to kill
me and throw me in the river.
33. I have been afraid for my life since that night. I have been
afraid to tell anything about what happened. Wouldnt you be?
34. They took me in a room. There were two officers black and
white. I was saying things to give them something to chew on.
35. I finally came to my senses. I didnt like the whole idea
of making a statement. They wanted me to sign a statement but I just
wouldnt do it. I told them I wanted to see my lawyer. I didnt like
it. So I just wouldnt sign.
36. I think I was in jail a day or two then they let me out on
bail.
37. I had been living in center city, but I couldnt stay
there after it happened. I got help and moved out of my apartment in the middle
of the night. And moved back in with my Mother.
38. I remember Jackson coming to my house several times. My Mother
and sister were there. I dont remember him ever interviewing me. I just
remember him trying to calm us.
39. I dont remember meeting with him anywhere else except at
my Mothers house. He never asked me to testify. Alva advised me not to
testify. My lawyer implied to me that if I came to court I would also be
charged with murder. I had to pay him $1,000.
40. Alva was Freemans lawyer too.
41. If they (Jackson) had said they wanted me to testify I would
have done it but they never did.
42. At PCRA, I was expecting to testify. Leonard and Rachel were
giving me cross signals. Rachel wanted me to testify but Leonard didnt.
So I didnt testify. In 1999, I was asked to testify again and I said I
would.
43. I will testify now.
44. Mumia was not holding a gun. Mumia never intervened in
anything between me and the cop.
45. I had nothing to do with the shooting or killing of the police
officer. My brother Mumia Abu-Jamal, had nothing do with shooting or killing
the policeman.
I declare under penalty of perjury, under the laws of the State of
Pennsylvania and the laws of the United States of America, that the above is
true and correct and was executed by me on 4-29-01 at Philadelphia,
Pennsylvania.
(signed)
WILLIAM COOK
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