For the past 19 years I've been held in the Pennsylvania state prison system. I'm serving a sentence of 30 to 60 years for third degree murder from Philadelphia County although I'm not accused of killing anyone, merely of being present. The confessed killer testified that I had no involvement.
My arrest and conviction were the direct result of a true miscarriage of justice. It was brought about through manipulation, deceit and false evidence submitted by the prosecution. My incompetent, uncaring trial attorney assisted in the injustice. Because of the sensational nature of my case and the public appeal, there was political pressure. Conviction was mandatory. The principles of justice were set aside denying me the fairness and impartiality assured in other cases.
A black man had been killed apparently by whites. As a result, there were riots, 12 or more police assigned to every corner, 3 and 4 men motorcycle police patrols, even horse patrols. A sizeable reward had been posted. The crime was very widely publicized and there was a calamitous public outcry for conviction.
All the facts that I'm relating are part of the official record. I'm not attempting to say that I've never made mistakes or used bad judgement, especially when I was young. But, even considering that, my mistakes should not equal the loss of my life and freedom for something I didn't do.
It proved impossible to obtain an unprejudiced jury for my trial. Jury selection began on March 13, 1981 and continued, 9 to 5, everyday until April 6, 1981! Even then prejudiced jurors were impaneled.
One elderly woman who was selected and sequestered with the other jurors, told the court that the other jurors were discussing the case in violation of the court's order not to do so. This was even prior to the commencement of the trial.
The woman also said that I was guilty because I had long hair!
I later argued that the juror's remarks showed the prejudice of the jury, but the court ruled that because my trial attorney never objected before the jury was sworn in, my claim was waived! Further, the court would not consider the incompetence of my trial lawyer.
The prosecution's witnesses established only that a crime had occurred, but not the identity of the perpetrator. The Commonwealth's case rested on the testimony of one eyewitness, George Lawrence. He was not able even to identify the race of the perpetrator! Before the trial he had given three different false statements to investigating officers. He then perjured himself at the preliminary hearing. The District Attorney, Barbara Christie knew or should have known that the testimony was false, but she failed to correct it and willfully joined in the perjury.
At the trial, the witness again committed perjury. Again the prosecutor, knowing the facts, covered it up and even encouraged the perjury.
A district attorney's duty is not to win cases, but to uphold the law and the integrity of the judicial system. She is required to avoid impropriety and even the appearance of impropriety. In my case, the prosecutor's conduct raised serious doubts as to her integrity. She undermined the judicial process, betraying the trust of the citizens of the Commonwealth.
At the time he testified at trial, the eyewitness was wanted in Montgomery County for armed robbery, a very serious felony. He was also an escaped convict fugitive from the state of New Jersey. He'd been convicted there of armed robbery and then escaped from prison!
Apparently in exchange for his perjured testimony, within a month after my trial, the armed robbery charge from Montgomery County was dismissed. He was returned to New Jersey and immediately paroled from that armed robbery conviction. He was never charged with the escape!
At my trial, the authorities testified that in order to commit the crime, one had to climb an 11 foot wall, another 6 foot wall and an additional angled three strands of barbed wire; feats which were simply impossible for me!
Before trial, I had explained to my lawyer that I'd been in a car accident shortly prior to the crime. I had suffered a fractured pelvis as well as a broken forearm and was physically unable to climb or run.
At a post-conviction hearing in 1985, my trial attorney admitted that he'd been told about my accident. He was even given the name of my doctor and of the hospital where I was treated. The lawyer failed to investigate or interview the doctor, orthopedic surgeon Thomas Kain. At the hearing the Doctor's expert testimony confirmed that I could not likely have climbed and run.
In spite of all this, the judge found that "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's decision not to use such testimony was a reasonable one."
My brother and many other defense and alibi witnesses requested to testify at my trial, but my attorney never called a single witness! After I was convicted, my brother confided that he couldn't go on living knowing that I was in prison for a crime I didn't commit. On the one year anniversary of the crime, my brother committed suicide. The court refused to hold a hearing or to address his dying declaration.
In my struggle for justice, I've submitted these facts and much more to many officials: Senator Steward J. Greenleaf, Chairman of the Senate Committee for Law and Justice, the Vice Chairman, John J. Shumaker, Attorney General Michael Fisher, Governor Thomas Ridge and Senator Rich Santorum among others. The only one to respond, US Senator Santorum, requested that the Department of Corrections investigate, but, of course, the DOC has no such authority, so no action was taken.
I've told my story and submitted documents to the news media. In the mid 1980's I contacted Senior Editor Chuck Stone of the Philadelphia Daily News. After he investigated the facts, he began assisting me in my fight for justice. He introduced me to Bernice O'Hara of the Pennsylvania Prison Society who also assisted in my fight for justice. After Ms O'Hara died in 1987, Mr. Stone published an article entitled: "Bernice O'Hara's Fight For Justice" about my case. In the article, he observed that "both of us are convinced O'Neill is innocent."
Mr. Stone has left the Daily News to teach journalism while I continue my fight for justice. I've attempted to correct the miscarriage of justice in my case, but I've faced roadblocks at every turn. The upshot is to whipsaw me back and forth between the courts with no hope of obtaining justice. My access to the courts has become more and more limited, almost nonexistent.
I believe that my only hope for vindication lies in the voice of the people, YOU! Your letters of support and understanding are greatly needed for my search for justice in a crumbling justice system. For the most part, our "justice system" has slipped off the foundation our Founding Fathers placed under it. Two kinds of persons are left: those who can afford to purchase "justice" and those whose lives depend on the flip of a coin.
I need your assistance. Based on the facts that you've read here, do you feel I received a fair trail? If not, I ask you to write or email the Governor of Pennsylvania asking that an investigation be conducted and that he assist in correcting this miscarriage of justice. Advise him of your support for upholding the integrity of the Constitution.
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