What mitigating circumstances can be offered short of the alleged fight going on between Mumia's brother and Ofc. Faulkner? The prosecution has already established premeditation; I don't know how much of a mitigating circumstance this fight could be.
> The fact that the cop was
> apparently wailing on Mumia's brother would bring up all sorts of "heat of
> passion" mitigating issues.
But wouldn't Mumia's brother have to testify that he was in fact being wailed on in order for this to be considered by the jury? Plus, Mumia shot Faulkner in the back from a distance, before he would have been able to determine what was going on in the fight. Wouldn't Mumia have to have been involved in the altercation before being able to claim any kind of ``heat of passion''?
Matthew