Obama silent on Omaha Two case as UN human rights treaty review progresses – National Cointelpro | Examiner.com

Mondo’s case has ultimately proved to be a prima facia example of why Stone v. Powell was a bad decision. The idea was, even though Mondo won in U. S. District Court and before the Sixth Circuit U.S. Court of Appeals, that Mondo would get a fair enough examination of his constitutional claims of illegal search in Nebraska courts. However, when Mondo returned to the Nebraska Supreme Court he was told he ran out of time while in the federal courts. The Nebraska Supreme Court refused to consider the merits of Mondo’s case. Mondo ended up with a lifetime in prison despite four federal judges ordering his release or retrial. Mondo’s most recent appeal to the Nebraska Supreme Court was dismissed without even a decision despite issues of COINTELPRO manipulation of trial evidence, the sufficiency of an innocence plea, and a constitutional challenge to the Nebraska Board of Pardons.

Mondo we Langa was convicted with Edward Poindexter, leader of Omaha’s National Committee to Combat Fascism chapter, for the August 17, 1971 bomb murder of Omaha policeman Larry Minard, Sr. The two men, serving life sentences at the maximum-security Nebraska State Penitentiary, have come to be known as theOmaha Two. In Ed Poindexter’s last appeal to the Nebraska Supreme Court several issues were raised, conflicting police testimony about dynamite and expert testimony about the identity of the anonymous 911 caller that lured police into a deadly trap. The Nebraska high court held that it didn’t matter which police officer found the dynamite that Mondo supposedly had stored in his basement when faced with competing testimony from detectives Jack Swanson and Robert Pfeffer. The Nebraska Supreme Court also held that the identity of the 911 caller who led Minard to his grave did not matter. Although Poindexter was not a Stone v. Powell litigant, his case further amplifies the unjust nature of rulings against Mondo, undermining the entireStone v. Powell theory of the ability of state courts to address federal constitutional issues.

via Obama silent on Omaha Two case as UN human rights treaty review progresses – National Cointelpro | Examiner.com.

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