“That it is better 100 guilty persons should escape than that one innocent person should suffer, is a maxim that has been long and generally approved.” - Benjamin Franklin
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“That it is better 100 guilty persons should escape than that one innocent person should suffer, is a maxim that has been long and generally approved.” - Benjamin Franklin
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH. PENNSYLVANIA 15219
CHAMBERS OF
DONALD E. ZIEGLER
U.S. DISTRICT JUDGE
412-644-3333
January 5, 1989
Mr. David S. Bayne, Secretary, Lieutenant Governor's Office
Board of Pardons
333 Market Street, 9th Floor
Harrisburg, PA 17126-0333
Dear Mr. Bayne:
Re: Charles J. Goldblum, SCIH P-2904
I presided over the trial of the Commonwealth v. Charles J. Goldblum, and I support the application for clemency. In my judgment, substantial leniency should be granted in this case and Mr. Goldblum should be released from confinement within the foreseeable future. My recommendation is based on four factors.
First, Charles Goldblum is an intelligent, educated individual without previous criminal involvement. Second, he is the son of very stable and responsible parents, and the family has remained united despite difficult circumstances. The parents will provide solid support upon his release. Third, Mr. Goldblum has maintained an exemplary record while confined and it is clear from the note attached to the application that he has matured a great deal. And fourth, there may be merit to the version of the homicide as recited by Mr. Goldblum.
Although the jury chose to believe Clarence Miller, and convict Mr. Goldblum of murder, I have been troubled for years by the dying declaration of the victim: "Clarence - Clarence Miller did this to me." It is a moral and legal precept that a person is presumed to speak the truth when he is faced with death. The victim knew that he was dying and he never mentioned the name of Charles Goldblum. In short, the murder conviction was based on the testimony of Miller and the jury's apparent dislike for Mr. Goldblum.
In my opinion, Mr. Miller's testimony was suspect and quite frankly, if I was the factfinder, I would have rejected as unpersuasive much of the testimony of this individual.
I realize that it is difficult to find compassion in this era of violent crimes and public fear. However, this case warrants leniency and clemency. Considering all these factors, I recommend that the request be granted and urge that Mr. Goldblum be released from prison without undo delay.
I am confident that Charles Goldblum will become a productive and responsible citizen.
Very truly yours,
( signed )
Donald E. Ziegler
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH. PENNSYLVANIA 15219
CHAMBERS OF
DONALD E. ZIEGLER
U.S. DISTRICT JUDGE
412-644-3333
January 14, 1994
Pennsylvania Board of Pardons
333 Market Street, 9th Floor
Harrisburg, PA 17126-0333
Dear Sir:
I presided over the trial of the Commonwealth v. Charles Goldblum and I support the application for clemency. Charles Goldblum has served over seventeen years of confinement, and no citizen should be confined for a greater period of time for acts which, while criminal, amount to stupidity. Charles Goldblum does not constitute a threat to this or any other community, and I am confident that he has the intelligence and ability to become a productive citizen. I support the application for clemency for the following reasons.
First, Mr. Goldblum has provided persuasive evidence that he may be serving time for committing an arson and witnessing a homicide. Mere presence at the scene of a crime does not constitute evidence of complicity in a homicide. Second, he is the son of very stable and responsible parents, and the family has remained united despite difficult circumstances. The parents will provide solid support upon his release. Third, Mr. Goldblum has maintained an exemplary record while confined and it is clear from the note attached to the application that he has matured a great deal. And fourth, there may be merit to the version of the homicide as recited by Mr. Goldblum.
Although the jury chose to believe Clarence Miller, and convict Mr. Goldblum of murder, I have been troubled for years by the dying declaration of the victim: "Clarence - Clarence Miller did this to me." It is a moral and legal precept that a person is presumed to speak the truth when he is faced with death. The victim knew that he was dying and he never mentioned the name of Charles Goldblum. In short, the murder conviction was based on the testimony of Miller and the jury's apparent dislike for Mr. Goldblum.
In my opinion, Mr. Miller's testimony was suspect and quite frankly, if I was the factfinder, I would have rejected as unpersuasive much of the testimony of this individual.
I realize that it is difficult to find compassion in this era of violent crimes and public fear. In my judgment, however, Mr. Goldblum is not a hardened criminal who must be confined to protect the public. His criminal acts were the product of financial desperation and a fear of embarrassing his parents and family. He is a man with potential who deserves a break at this point in his life. Seventeen years of confinemen is sufficient to repay the people of this state for crimes for which he was convicted.
Let me close by saying that I am mindful of the concerns of the Board. Mistakes are publicized and successes are ignored. However, this is a case in which success is worth the risk.
Yours very truly,
( signed )
Donald E. Ziegler
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH. PENNSYLVANIA 15219
CHAMBERS OF
DONALD E. ZIEGLER
U.S. DISTRICT JUDGE
412-644-3333
December 14, 1998
Lieutenant Governorís Office
Board of Pardons
333 Market Street, 15th Floor
Harrisburg, PA 17126-0333
Dear Board Member:
Re: Charles J. Goldblum
I am writing to you with respect to the application for clemency of Charles J. Goldblum. I presided over the jury trial involving Mr. Goldblum and, in my judgment, substantial leniency should be granted for the reasons set forth in my letters of January 5, 1989 and November 20, 1984. I am enclosing copies of those letters and the reasons expressed therein will not be repeated here, except to emphasize that the dying declaration, namely, "Clarence ... Clarence Miller did this to me," is the most unique dying declaration that I have encountered, and serious consideration should be given this application due to subsequent developments.
I have received a copy of an affidavit executed by F. Peter Dixon. Mr. Dixon was the prosecutor in the Goldblum case. Mr. Dixon concludes that "Charles Goldblum had nothing to do with the murder of George Wilhelm other than being a frightened witness to that murder and an accessory after the fact," based upon new information presented to him.
Charles Goldblum has now been confined to prison for over 20 years, and my uneasiness with the verdict of the jury has been expressed to the Board of Parole and a former Governor on several occasions. It seems to me that the application for clemency should be granted at this time for the following reasons: (1) the length of incarceration; (2) the affidavit of the prosecutor; (3) the dying declaration of George Wilhelm; (4) the questionable credibility of Clarence Miller; (5) the written requests by the trial judge; and (6) the exemplary prison record of Charles Goldblum. If you desire additional information, please feel free to contact my chambers.
Yours very truly,
( signed )
Donald E. Ziegler
Chief Judge
J
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH. PENNSYLVANIA 15219
CHAMBERS OF
DONALD E. ZIEGLER
U.S. DISTRICT JUDGE
412-644-3333
January 5, 1989
Mr. David S. Bayne, Secretary, Lieutenant Governor's Office
Board of Pardons
333 Market Street, 9th Floor
Harrisburg, PA 17126-0333
Dear Mr. Bayne:
Re: Charles J. Goldblum, SCIH P-2904
I presided over the trial of the Commonwealth v. Charles J. Goldblum, and I support the application for clemency. In my judgment, substantial leniency should be granted in this case and Mr. Goldblum should be released from confinement within the foreseeable future. My recommendation is based on four factors.
First, Charles Goldblum is an intelligent, educated individual without previous criminal involvement. Second, he is the son of very stable and responsible parents, and the family has remained united despite difficult circumstances. The parents will provide solid support upon his release. Third, Mr. Goldblum has maintained an exemplary record while confined and it is clear from the note attached to the application that he has matured a great deal. And fourth, there may be merit to the version of the homicide as recited by Mr. Goldblum.
Although the jury chose to believe Clarence Miller, and convict Mr. Goldblum of murder, I have been troubled for years by the dying declaration of the victim: "Clarence - Clarence Miller did this to me." It is a moral and legal precept that a person is presumed to speak the truth when he is faced with death. The victim knew that he was dying and he never mentioned the name of Charles Goldblum. In short, the murder conviction was based on the testimony of Miller and the jury's apparent dislike for Mr. Goldblum.
In my opinion, Mr. Miller's testimony was suspect and quite frankly, if I was the factfinder, I would have rejected as unpersuasive much of the testimony of this individual.
I realize that it is difficult to find compassion in this era of violent crimes and public fear. However, this case warrants leniency and clemency. Considering all these factors, I recommend that the request be granted and urge that Mr. Goldblum be released from prison without undo delay.
I am confident that Charles Goldblum will become a productive and responsible citizen.
Very truly yours,
( signed )
Donald E. Ziegler
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH. PENNSYLVANIA 15219
CHAMBERS OF
DONALD E. ZIEGLER
U.S. DISTRICT JUDGE
412-644-3333
January 14, 1994
Pennsylvania Board of Pardons
333 Market Street, 9th Floor
Harrisburg, PA 17126-0333
Dear Sir:
I presided over the trial of the Commonwealth v. Charles Goldblum and I support the application for clemency. Charles Goldblum has served over seventeen years of confinement, and no citizen should be confined for a greater period of time for acts which, while criminal, amount to stupidity. Charles Goldblum does not constitute a threat to this or any other community, and I am confident that he has the intelligence and ability to become a productive citizen. I support the application for clemency for the following reasons.
First, Mr. Goldblum has provided persuasive evidence that he may be serving time for committing an arson and witnessing a homicide. Mere presence at the scene of a crime does not constitute evidence of complicity in a homicide. Second, he is the son of very stable and responsible parents, and the family has remained united despite difficult circumstances. The parents will provide solid support upon his release. Third, Mr. Goldblum has maintained an exemplary record while confined and it is clear from the note attached to the application that he has matured a great deal. And fourth, there may be merit to the version of the homicide as recited by Mr. Goldblum.
Although the jury chose to believe Clarence Miller, and convict Mr. Goldblum of murder, I have been troubled for years by the dying declaration of the victim: "Clarence - Clarence Miller did this to me." It is a moral and legal precept that a person is presumed to speak the truth when he is faced with death. The victim knew that he was dying and he never mentioned the name of Charles Goldblum. In short, the murder conviction was based on the testimony of Miller and the jury's apparent dislike for Mr. Goldblum.
In my opinion, Mr. Miller's testimony was suspect and quite frankly, if I was the factfinder, I would have rejected as unpersuasive much of the testimony of this individual.
I realize that it is difficult to find compassion in this era of violent crimes and public fear. In my judgment, however, Mr. Goldblum is not a hardened criminal who must be confined to protect the public. His criminal acts were the product of financial desperation and a fear of embarrassing his parents and family. He is a man with potential who deserves a break at this point in his life. Seventeen years of confinemen is sufficient to repay the people of this state for crimes for which he was convicted.
Let me close by saying that I am mindful of the concerns of the Board. Mistakes are publicized and successes are ignored. However, this is a case in which success is worth the risk.
Yours very truly,
( signed )
Donald E. Ziegler
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH. PENNSYLVANIA 15219
CHAMBERS OF
DONALD E. ZIEGLER
U.S. DISTRICT JUDGE
412-644-3333
December 14, 1998
Lieutenant Governorís Office
Board of Pardons
333 Market Street, 15th Floor
Harrisburg, PA 17126-0333
Dear Board Member:
Re: Charles J. Goldblum
I am writing to you with respect to the application for clemency of Charles J. Goldblum. I presided over the jury trial involving Mr. Goldblum and, in my judgment, substantial leniency should be granted for the reasons set forth in my letters of January 5, 1989 and November 20, 1984. I am enclosing copies of those letters and the reasons expressed therein will not be repeated here, except to emphasize that the dying declaration, namely, "Clarence ... Clarence Miller did this to me," is the most unique dying declaration that I have encountered, and serious consideration should be given this application due to subsequent developments.
I have received a copy of an affidavit executed by F. Peter Dixon. Mr. Dixon was the prosecutor in the Goldblum case. Mr. Dixon concludes that "Charles Goldblum had nothing to do with the murder of George Wilhelm other than being a frightened witness to that murder and an accessory after the fact," based upon new information presented to him.
Charles Goldblum has now been confined to prison for over 20 years, and my uneasiness with the verdict of the jury has been expressed to the Board of Parole and a former Governor on several occasions. It seems to me that the application for clemency should be granted at this time for the following reasons: (1) the length of incarceration; (2) the affidavit of the prosecutor; (3) the dying declaration of George Wilhelm; (4) the questionable credibility of Clarence Miller; (5) the written requests by the trial judge; and (6) the exemplary prison record of Charles Goldblum. If you desire additional information, please feel free to contact my chambers.
Yours very truly,
( signed )
Donald E. Ziegler
Chief Judge
"Clarence . . . Clarence Miller did this to me." George Wilhelm's dying declaration to police, February 9, 1976 (T.T. 1528).
". . . Goldblum was not the individual who inflicted the fatal stab wounds on Mr. George Wilhelm." Dr. Cyril Wecht, Coroner of Allegheny County in letter to Board of Pardons, September 1, 1994; Henry Lee, Ph.D., report dated February 25, 1997.
"This is the one case in 21 years [as a judge] which seriously troubles my conscience about the result." The Honorable Donald Ziegler as quoted in Michael Bucsko, Judge Haunted by Dying Man's Last Sentences, Pittsburgh Post-Gazette, February 5, 1995.