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| On June 13, 2000, Abdullah
filed a petition For Writ Of Certiorari in the United States Supreme
Court @ Docket No. 99-9988, setting forth therein--via the relevant
portions of the record, the newly discovered evidence from the FBI and
numerous exhibits--the ingenious but unconstitutional 31 year old
practice by Pittsburgh police and Allegheny County coroner personnel of
bypassing the unified judiciary (i.e. magistrates, judges and justices
of the peace) and issuing warrants of arrest in alleged homicide cases
of which the coroner's office is an investigative member. The record
before the United States Supreme Court reveals in detail with the proofs
attached, that county, city and court officials have, in addition to
Abdullah, literally hundreds upon hundreds of other U.S. citizens
unconstitutionally tried, convicted and sentenced to life imprisonment
and/or on Pennsylvania's Death Row based on unlawful arrests warrants by
the Allegheny County coroners office personnel--a common scheme and
practice that has been carried out for actually more than 31 years by
which police officers, prosecutors, coroner personnel and judges
propelled their careers under the guise of 'fighting crime'. They were
well aware, however, that the new Article V of PA Constitution, adopted
in 1968, makes clear that a coroner is not a constitutional officer nor
part of the "unified judicial system" created by that
article. See Commonwealth v. Little, 455 Pa. 163, at 165, fn.2
(1974); Commonwealth v. Anderson 385 A.2d 365, at 371 (1978). Acquitted
by jury on September 12, 1984 of unrelated trumped-up charges instigated
by Pittsburgh police and, after 13 1/2 months in jail, Abdullah gave
Pittsburgh police notice that he intended to have a civil suit filed
against them. Twenty four days later he was unlawfully arrested by
detectives based upon the warrant issued by deputy coroner Floyd C. Coles.
Enroute to jail following his arrest at 8:46 PM on October 9, 1984, one
of the detectives laughed and verbally stated: "You ain't suing
nobody now." Deputy coroner Coles's arrest warrant purposed to
charge Abdullah with the crimes of homicide/robbery at No. CC 8410761A.
Mr. Coles had investigated at the crime scene and personally removed the
body of the deceased 17 1/2 months earlier. Several hours following his
arrest and after realizing that the deputy-coroner's warrant did not
cite a "robbery violation," another Pittsburgh police officer
filled out a bogus police complaint proposing to charge robbery and
presented it to then Senior District Magistrate, Olive S. Stocker, who
issued another warrant for Abdullah's arrest on October 10, 1984 as he
sat in a cell downstairs in her office building. At 3:31 AM. October
10th, 1984, unknown detectives took Abdullah from the cell to the
upstairs courtroom where he was officially arraigned by Olive S. Stocker
on a purported charge of robbery and returned to his cell to await
transport to the county jail, although the purported 'police complaint'
by which officer John Payton thereon alleged robbery was without an
affidavit of probable cause and cited on its face, that it
was actually being sworn out by Payton on behalf of detective Terry
Hediger! On October 24, 1984, the preliminary hearing was conducted
before then magistrate (now judge) Donna Jo McDaniel. But when officer
John Payton was called to testify regarding his police complaint alleging
a robbery violation, he first had words with detective Hediger in the
back of the courtroom, refused to take the stand and testify, and then
angrily left the courtroom.
At that point -- and over an objection placed by Abdullah's then lawyer, Mr. Mark H. Rubenstein of Pittsburgh, magistrate McDaniel appointed detective Terry Hediger as the new affiant to officer John Payton's signed 'robbery-complaint' and ordered Hediger to testify, after which magistrate McDaniel ordered Abdullah held for court action and thereafter 'falsified' her official "magistrate's docket transcript" (i.e. #OTN B357935-4) to make it appear in block item 9 that detective Hediger (a.k.a. Heddinger) was the actual 'affiant' of the said robbery complaint. Thereafter on November 28, 1984 and in absence of a lawful complaint and/or affidavit of probable cause naming anyone as the victim of a robbery committed by Abdullah, assistant Allegheny County district attorney Robert Vincler added the name of the deceased person to Criminal Information #B0459 of November 28, 1984 and filed same with the Court of Common Pleas, Allegheny County @ No. CC 8411275A. The charging documents all thus invalid and falsified, the police/prosecutor perjury and the concealment of all favorable evidence came later with the aid of trial counsel--whose office inadvertently mailed to Abdullah upon the termination of the trial/appellate counsel's representation the very crucial "police report" that at pre-trial hearing police, prosecutors and trial counsel all claimed on record didn't exist!
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The state courts in reviewing Abdullah's case either failed to acknowledge or address the legal merit of his state and federal law claims for reversal of his conviction; or, and in the absence of a hearing in his case, their so-called resolution of the facts and the law "resulted in arbitrary dismissal" of his claims without a hearing so as to prevent the facts of the criminal conduct and conspiracy of the officials involved with his case(i.e. judges, magistrates, coroner personnel, police and his trial lawyer) from being revealed in an open court setting, especially since the evidence in Abdullah's possession is backed by the F.B.I. But even so, unless he can obtain a fair hearing before the U.S. District Court in Pittsburgh and unless he wages a battle there with a top notch attorney not beholding to the system or the officials involved (thus a non-local attorney), the irrefutable evidence which by law mandates that Abdullah should be released from prison is unlikely to be fairly reviewed and/or addressed even by the District Court judges charged with that task. This is especially so given that these state and federal officials all have a stake in keeping this matter under wraps, because the only way the state judges and lawyers were able to get away with their unconstitutional arrest and imprisonment of so many thousands of citizens was with the complicity of district court personnel willing to "say nothing as long as no lawyers said anything about it." To-date, no state court has been willing to allow Abdullah a day in court during his appellate process. None! Why? Liability! No local attorney or judge is willing to advocate and/or hear the merits and evidence because of the ramifications and liability not only regarding Abdullah, but incurred as pertains to the thousands of other prisoners whom police and judicial officials have for more than 30-years been unlawfully relegating to life sentences and death row by allowing the Allegheny County coroner's office to issue arrest warrants and conduct preliminary hearings. The constitutionality of the Allegheny County coroner personnel issuing arrest-warrants in order to improperly by-pass the Pittsburgh Magistrates Court (and thus, evade a showing of probable cause) in selected instances after their own investigation, will present to the United States District Court an 'issue of first impression' since this unconstitutional practice has for nearly four decades been a "staple" of the Pittsburgh and Allegheny County's executive branch (i.e. police, coroner, district attorney personnel) that is tolerated nowhere else in the United States of America; and which has never before been challenged as Abdullah has done, despite the fact that literally hundreds of similarity accused, arrested, convicted and sentenced citizens of the United States have been relegated to life-sentences and now await execution on death row in Pennsylvania based on sentences imposed as a result of the unlawful arrest-warrant issued by Allegheny County's coroner personnel. When the coroner's solicitor attempted to conduct the preliminary hearings in the case of police officers Michael Albert, John Vojtas and Milton E. Mulholland following the October 12, 1995 killing of Jonny E. Gammage in Pittsburgh, as he did in Abdullah's case and the hundreds of others, their attorneys knew better and had these police officers hearings conducted by the president judge of the Allegheny County court of Common Pleas! Abdullah retains the names of numerous officers, arrestees, coroner personnel and the case numbers wherein police by-passed "neutral and detached" magistrates and got instead coroner-office personnel to issue arrest warrants commanding the illegal seizure of literally hundreds of people. It was Abdullah who discovered their method, got the evidences against them and exposed their actions against himself and hundreds of other men and women in Pennsylvania--and for that there is now a general consensus among PA attorneys in the Pittsburgh area that Abdullah is not to be assisted at any cost, because many of their careers would be jeopardized as both judges and lawyers would cast a great deal of unwanted attention upon their aspirations for political positions and/or appointments that many still seek. Therefore, it is incumbent that these officials foil Abdullah's intended "Petition For Writ of Habeas Corpus in the U.S. District Court in Pittsburgh once it's filed. The only way that can be done is to deny him loyal counsel and keep publicity concerning his case to an absolute minimum--which is what they did at his trial. He's due in district court in April, 2000. Therefore Abdullah is seeking to establish a "defense fund" so as to obtain the services during his appeal in the district court of the likes of Johnnie L. Cochran Jr. Anyone interested in assisting this effort may either wire or send check or money order to: ABDULLAH H. IBN-SADIIKA DEFENSE FUND Abdullah Haneef Ibn-Sadiika is a Vietnam veteran. He served with the 82nd Airborne Div (Fort Bragg); the 173rd Airborne Bde (Vietnam); the 101st Airborne Div (Vietnam) and the 8th Special Forces Group Airborne, 1st Special Forces (Fort Gullick, CZ) prior to becoming a Muslim in 1975. He is an adherent of Hanafi Islamic jurisprudence. He attended both Canal Zone University in Panama and Vincennes University in Indiana, and is also a graduate of Southern Career Institute in Boca Raton, Florida. He is willing to answer questions of anyone interested in this matter. |
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