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Supreme Court asserts that the NCCF members, who included first cousins of Duane Peak, were so depraved that
they were planning to kill this child. The Omaha Police themselves could have written Justice Powell's opinion.
Unbelievably, Chief Justice Warren Burger actually published a separate opinion which said that the exclusionary
rule should only be applied when the prisoner had a claim of innocence or in cases where there was egregious
bad-faith conduct on the part of the police. Yet Mondo’s attorney had asserted just that: his client was innocent and
the victim of police misconduct.
After the decision, Mondo applied to the Supreme Court for a writ of certiorari, and he was told it was too late. He
had run out of time to file the writ.
That is the ultimate justice: to appeal your case according to current procedure only to have the Supreme Court
change the procedure; to protest both your innocence as well as criminal behavior on the part of the police and to
have them ignore it. And to know that the Supreme Court of the United States recognizes you are being held in jail
in violation of the Constitution and they don't give a damn. THAT is the "ultimate justice.”
POSTSCRIPT
Mondo and Ed Poindexter have been unable to obtain a new trial through the criminal justice system. Although
Amnesty International made a documentary about this case in 1990, they have received virtually no attention from
the national media in the United States.
They have each been recommended for parole by the Parole Board in Nebraska, but the Pardons Board, which
consists of the Governor, the Attorney General and the Secretary of State, refuses to grant them a hearing.
A 1991 British documentary included the rumor that Duane Peak made the bomb with his relatives, but the police
put pressure on him to implicate Rice and Poindexter because they were the leaders of the NCCF. For thirty two
years people have assumed Duane Peak would not come forward to tell the truth because he was protecting the
people who really made the bomb. There is no evidence to substantiate this rumor.
The following is the text of a memo obtained through the Freedom of Information Act. The tape recording of the 911
call which surfaced in 1991 is thought by those who knew Peak to not be of his voice. If his voice is not the voice on
the tape, it means he was lying at the trial and his testimony had no credibility. The relevant section is bolded for
emphasis.
"DIRECTOR, FBI (157-8415) 10/13/70
SAC, OMAHA (157-8871) (P)
DWAYNE CHRISTOPHER PEAK ET AL
Re: Bulletin to Omaha dated 9/17/70 entitled "UNSUB; Bomb Explosion 2867 Ohio Street, Omaha, Nebraska, 8/17/70, RU".
In a preliminary hearing held 9/28/70 in Municipal Court, Omaha, PEAK testified that he had made the telephone call to the
Omaha PD telling them that a woman was screaming in a house at 2867 Ohio Street. Police Officer LARRY MINARD was
subsequently killed when a bobby [sic] trap suitcase exploded as he, with other officers, answered the call.
Assistant COP GLENN GATES, Omaha PD, advised that he feels that any use of tapes of this call might be prejudicial to
the police murder trial against two accomplices of PEAK and, therefore, has advised that he wishes no use of this tape
until after the murder trials of PEAK and the two accomplices has been completed.
UACB, no further efforts are being made at this time to secure additional tape recordings of the original telephone call.
2 -- Bureau
2 -- Omaha"
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