Political Prisoner Seeking Help

Innocent man, poor and in prison since 1979, convicted of third degree murder and related offenses, accused of being present at the crime. Seeking help, assistance and donations to obtain a Professional Attorney to correct a miscarriage of justice, anything will be greatly appreciated.

There was not a scintilla of convincing evidence against the accused, the commonwealth's only eyewitness was unable to identify even the race of the perpetrators, but because it was a Political case, justice was set aside. One juror determined the accused guilty because he had long hair. The transcripts of such statement disappeared, most recently the D.A. and the courts acknowledged the prejudicial remarks made, but stated trial counsel never objected. Now the courts refuse to address the matter.

According to testimony offered by the Philadelphia police, in order to commit this crime one had to be capable of climbing an 11 foot wall, another wall 6 feet, attached to that in an upward direction, a four foot chained link fence with three strands of barbed wire. The accused advised his attorney of a car accident that he was in prior to this crime, where he had a fracture of the right pelvic involving the right iliac bone and a transfer fracture of the forearm bones of the right upper extremity (in short - a broken leg and broken arm).

In 1985 at a Post-conviction hearing, trial counsel admitted he was advised of the accident, the doctor who treated him and the hospital, that he never investigated the matter, nor interviewed the doctor. Orthopedic Surgeon, Dr. Thomas Kain testified that he treated the accused, performed surgery, an open reduction and internal fixation of the right radius and ulna bone using compression plates and eleven screws. When asked if the injuries would have affected his abilities to run, he responded "definitely". When asked if the injuries to his arm would have affected his ability to climb or carry or lift heavy objects, he responded: "Defiantly, no question about it, from a medical point of view, I find that to be somewhat improbable, I think there is a great deal of doubt, there has been in my mind about that", he also stated I personally doubt that he could do those activities on that date. The court stated the physician's testimony had it been presented at trial would not have helped the defendant and might well have further weakened his case. Trial counsel decision not to use such testimony was a reasonable one.

Accused's brother requested to testify at trial, as well as many other defense and alibi witnesses, but counsel never called a single witness. Once convicted, the brother stated to family and friends "I can't live knowing my brother is in jail for something I did". He then committed suicide. The court refused to hold a hearing or address the matter of a dying declaration.

In the early 1980's I contacted Senior Editor, Chuck Stone of the Philadelphia Daily News and stated my innocence, once he investigated the facts, he began assisting me in my fight for Justice. He introduced me to Ms. Bernice O'Hara of the Pennsylvania Prison Society, who also assisted in my fight for justice stating "both of us are convinced O'Neill is innocent". Mr. Stone then left the Daily News to teach journalism. I continue to fight for justice, can you please help?

Mr. Francis O'Neill
S.C.I. Huntingdon #AM-4959
1100 Pike Street
Huntingdon, Pa. 16654-1112

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