Using +P pistol ammo contributed to guilty verdict?

[KMAG]

Jury foreman discussing how perp's use of +P ammo contributed to conviction.

http://www.philly.com/dailynews/opin...html?viewAll=y

I did not mean to get into the particulars of the killing. Just that the DA was able to convince at least one jury member that the use of +P ammo mattered.

"He was quick to cite, by name, the testimony of the prosecution's ballistics expert, Anthony Paul. Ewalt correctly recalled from Paul's testimony that Abu-Jamal had loaded the gun registered in his name with Special +P bullets. That type of ammo is distinct and high-impact, a round so devastating that police officers weren't allowed to use them.

"To me, I mean I know he didn't load the pistol running over to the police officer. He had to load it prior. But that extra punch of that ammunition was a factor with me," Ewalt said.

[Philbert]

Jury foreman discussing how perp's use of +P ammo contributed to conviction.

http://www.philly.com/dailynews/opin...html?viewAll=y

I can't see how it would, since it is immaterial to the question of whether Abu-Jamal shot Faulkner. It may have contributed to the sentence, which is still unsound reasoning.

[gnbrotz]

I can't see how it would, since it is immaterial to the question of whether Abu-Jamal shot Faulkner.

I'm not familiar with the particulars of the prosecution, but for some, it may have been a factor (not that it should have been) when considering intent/premeditation, which might have had a bearing on what grade of charge it was appropriate to convict on.

I'd also be curious to know when +P ammo first came to market. I would assume it's much more common today, and hope a decent attorney could poke holes in such thinking.

I'm certainly no supporter of Mumia, but it's disconcerting that any verdict might turn on such an innocuous fact.

[JP8]

I'd also be curious to know when +P ammo first came to market. I would assume it's much more common today, and hope a decent attorney could poke holes in such thinking.

Interesting point. +P ammo might have been rare back then. IIRC, Mumia's revolver was a Charter Arms. I doubt it was even designed to handle +P.

[JIDinPhilly]

BRIEF REBUTTAL

Official ballistics tests done on the fatal bullet verify that Officer Faulkner was killed by a .38 caliber bullet, not a .44 caliber bullet. The fatal .38 slug was a Federal brand Special +P bullet with a hollow base (the hollow base in a +P bullet was distinctive to Federal ammunition at that time). It is the exact type (+P with a hollow base), brand (Federal), and caliber (.38) of bullet found in Jamal's gun. Additionally, tests have proven that the bullet that killed Officer Faulkner was fired from a weapon with the same rifling characteristics as Jamal's .38 Caliber revolver. Further, Jamal's own ballistics expert, George Fassnacht, conceded in his 1995 PCRA testimony that the fatal bullet was not .44 caliber, and that it was most "likely" a .38. Although the D.A.'s officer offered in open court to let Jamal's attorneys test the fatal bullet, they refused this offer, and have never offered any alternative test results to counter the above evidence. Dr. James Hoyer's handwritten notation on a piece of scrap paper certainly does not constitute such evidence. Dr. Hoyer, a medical doctor who has had no formal ballistics training, has never claimed that he was able to determine the caliber of the bullet. He plainly testified in 1995 that what he wrote was a "guess." Furthermore, Dr. Hoyer testified that, after writing this guess, he had measured the bullet with a standard ruler. Although he acknowledged that this was not the accepted scientific method by which to gage the caliber of a bullet, his rough measurement was consistent with the slug being .38 caliber, and not a .44. Finally, Dr. Hoyer testified that, at the time he made his .44 caliber guess -- while looking at the horrendous wound to Officer Faulkner's head -- he was unaware that the killer had been using high-velocity +P ammunition. Had he known this, he would not have assumed that the slug was of an unusually large caliber.

So maybe the gun the police produced as evidence against Jamal was thrown there in order to frame him? No. The gun had been legally purchased by Jamal years prior to the shooting, and was registered in his name.


http://www.danielfaulkner.com/original/indexmyth1.html

[Steve_NEPhila]

Knowing what I know about firearms and ammunition this idea that "special" ammunition shows intent is absurd. Does running someone over with an SUV mean that extra special damage was intended to the victim? The critical moment is the pull of the trigger, that is everything. The pull of the trigger, in a way that was not accidental clearly shows intent to seriously injure or kill another. This little snippet by the jury foreman is a great insight into ones "peers."

I carry +P ammunition every day, and I do not hesitate to do so. This fact of whether the ammunition was +P or not is absolutely inconsequential, similar to the type of deodorant worn, the types of shoelaces used etcetera. Beware of your peers, take the opportunity to explain something firearm related if asked by one less experienced. Education is everything...

[JP8]

He was quick to cite, by name, the testimony of the prosecution's ballistics expert, Anthony Paul. Ewalt correctly recalled from Paul's testimony that Abu-Jamal had loaded the gun registered in his name with Special +P bullets. That type of ammo is distinct and high-impact, a round so devastating that police officers weren't allowed to use them.

"To me, I mean I know he didn't load the pistol running over to the police officer. He had to load it prior. But that extra punch of that ammunition was a factor with me," Ewalt said.

Everything else is editorial license. Even Scarfo's clan didn't know what to make of this.

[JesterPgh]

I don't understand how it's special to the degree that police weren't allowed to use them. I'm fairly certain my brother uses .40+P+ in his duty pistols.

[wellcraft]

i don't give a damn about mumia and i think he should have been executed years ago. but this is an interesting topic and i suggest that if any law abiding citizen who finds himself on trial after shooting an assailent in self defense makes sure his/her attorney is familiar with firearms laws, firearms and ammo. it's not uncommon for a antigun prosecutor to try and use the type of gun or ammo to influence the jury you had malicious intent because you used an ar15 to defend your home or carried +P in your carry gun. i've read several articles by masaad ayoob<sp in a few different gun magazines that discussed this issue in depth while providing examples of folks who have been brought to trial by overzealous antigun prosecutors.

[bripro]

A few years ago I bought a good quantity of Black Talons from a guy that got spooked by a story like this. I think he even said he was going to only use fmjs in his hd guns. I understand every choice I make regarding firearms can potentially be twisted and used against me in court if Im ever involved in a defensive shooting. Where are we at by the way with HB40?