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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

Affidavit of Trial Prosecutor F. Peter Dixon, Esquire

I, F. PETER DIXON, ESQUIRE, having been duly sworn according to law, do hereby state the following to be true and correct according to my own knowledge, information and belief:

My name is F. Peter Dixon. I am a member (inactive) of the Bar of Pennsylvania.

For seven (7) years, I served as a prosecutor in the Office of District Attorney of Allegheny County. During that time I prosecuted approximately 100 homicide cases.

I was the trial prosecutor in the case of Commonwealth of Pennsylvania v. Charles J. "Zeke" Goldblum, docketed at CC 76 0267, CC 76 04826, CC 76 04830 and CC 76 03918, and the companion case of Commonwealth of Pennsylvania v. Clarence Miller. These two cases concerned primarily the murder of George Wilhelm in downtown Pittsburgh on February 10, 1976.

The case of Commonwealth v. Charles Goldblum was the most prominent case in my career as a lawyer. It was also the most factually complex and most difficult case to understand of any case I have ever been involved with.

I have recently been exposed to information concerning this case which was not available to me at the time of trial. This information is contained in various affidavits and in Mr. Goldblum's statement, all of which is a part of the record in Mr. Goldblum's present post-conviction litigation. Seeing this new information caused me to go back and carefully review and study the trial transcript in this matter.

Based on my review of the trial and the information which has been available since the trial, I have come to the very firm conclusion 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. I have also concluded that it is very unlikely that Charles Goldblum participated in the land fraud perpetrated against George Wilhelm or that George Wilhelm participated in the arson of Mr. Goldblum's restaurant.

Despite my best efforts in trying these cases, a miscarriage of justice has occurred.

( signed )

F. PETER DIXON

SWORN TO AND SUBSCRIBED BEFORE ME THIS 17th DAY OF JUNE, 1998.

NOTARY PUBLIC

( Notarial seal )

Linda D. Stout.

Notary Public Pittsburgh,

Allegheny County

My commission Expires Aug. 31, 2000

"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.