MISTRIAL!

In response to Dr. Wecht's statement yesterday, "It's not for me to tell you what he did. It's up to him to tell this jury what he was doing there and why he participated in this."

the defense asked that a mis-trial be declared, claiming that since the accused can't be compelled to testify then he couldn't explain what he was doing there. Stating that Dr. Wecht's testimony was "too prejudicial to be ignored by the jury", judge Cashman dutifully granted the mis-trial! Just when you think that the truth is coming out. This makes it clearer than ever that they really don't want to, and can not, prosecute police who kill, even in such a cut-and-dry case as Jonny Gammage.

The best way to respond to this is to raise hell. Let's try to get as many people as possible out to next Saturday's protest, Oct. 26 at 11:00 am at the court-house. Help us go postering this Saturday at 4pm at the Beehive in Oakland, let me know if you can help phone-bank and/or take some flyers to get out.


"We're not going to give up hope. There's always hope, we've always kept the faith. The truth will prevail."

Mrs. Narves Gammage, Oct. 18


From Kate Daher:

By now I'm sure every one knows that Judge Cashman declared a "mistrial." Following are my thoughts and notes from the fourth day:

Cashman berated the prosecution for a number of reasons. He complained that JG's friends were on a talk show last night and that Cyril Wecht appeared on the ABC Today show. It seems the prosecution didn't inform the witnesses that they were still under supoena, according to the judge.

He especially targeted the remarks that Wecht made the previous day suggesting that he could not answer for Albert's action, and that Albert should be made to answer for his own actions. Let him tell this jury what he did....(see Pete's email for the exact quote)

Cashman did say something to the effect of....what could be worse than the principle witness [Wecht] associating the cause of death with the defendent. Well, I must be missing something here then, because it was precisely due to the defense attorny badgering Wecht and trying to get him to dissassocate the cause of death from his client that made Wecht respond the way he did.

Cashman declared a mistrial at the request of the defense attorneys.

But they didn't want to try this case anyway. That's clear from the many things all these scoundrals have done from the get go including lowering the charges to a misdemeanor, not charging Henderson or Patterson with a crime against the unanimous opinion of the coroner's jury, allowing Henderson to testify for the "prosecution" when he sounded more like a star witness for the defense. NO ONE OBJECTED TO THAT BEHAVIOR. No one objected to making Jonny Gammage sound like a wild out of control beast, crazy enough to take on five armed cops. Why do they continue to challenge our intelligence? Do they possibly believe we can accept this version.

So along comes a tow truck driver, terrified for his life, and along comes a forensic expert, who will testify to the fact that it was the cops and not, Jonny Gammage, who were fighting, beating, bruising, and murdering, and what do we get. A mistrial? A lament that the policemen can't get a "fair trial."

Somehow I just don't buy it. Now is no time to rest.


Kate


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