Friday, April 27, 2007

Mumia supporters expose police terror

Published Apr 26, 2007, in Workers World

Following are excerpts from a N.Y. Free Mumia Abu-Jamal Coalition press release.


On April 23, a press conference was held on the steps of City Hall in New York denouncing the outrageous and illegal police tactics aimed at silencing support for internationally renowned journalist and writer, Mumia Abu-Jamal, who has been on Pennsylvania's death row for almost a quarter of a century.


From left to right, Gwen Dobrow,
Monica Moorehead, City Councilperson
Charles Barron, Orie Lumumba and
Suzanne Ross at City Hall press conference.
WW photo: Lal Roohk

A Hip Hop concert, organized by young supporters of Abu-Jamal, was scheduled to take place on April 15 at the Remote Lounge. For a week prior to the scheduled concert, the police pressured the club owner to cancel the event, but the owner stood firm. Then, two nights before the scheduled event, the police barged in on the club, issued 16 citations, involving thousands of dollars in fines, and escalated the threats against the owner. Fearing for his family and himself, the owner at this point cancelled the event. The event was promptly moved to Solidarity Center and was held with great enthusiasm, but with anger at the police action.

The case of Mumia Abu-Jamal will be heard on May 17 before the Third Circuit Court of Appeals in Philadelphia. Mumia has his first real chance of winning a new trial in that court after being convicted of the murder of a policeman almost 25 years ago. The Fraternal Order of Police, the prosecution and their allies are doing everything possible to undermine that possibility.

It is in that context that the attack on the Remote Lounge must be responded to seriously, as it mirrors a long history of similar actions in Philadelphia. In that city, a scheduled event highlighting famed actor Danny Glover for April 24, Mumia's birthday, at the Clef Club, was just moved because of similar police tactics.
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MUMIA CONCERT SHUT DOWN BY NYPD
by Leslie Ann Murray
Special to the AmNews
Originally posted 4/26/2007

Supporters of Mumia Abu-Jamal congregated on the steps of City Hall on Monday to condemn the NYPD for what they claim was intimidating and issuing illegal citations to the club owner of the Remote Lounge on Bowery.

On April 15th, the New York City Collation to Free Mumia (NYCCFM) organized a benefit hip-hop concert for Mumia's legal defense fund.

The police engaged in a conspiracy to close this event to prevent a worthy cause,รข€ activist attorney Michael Tarif Warren said. Warren, who is the collation's legal representative, added, "We need a fair hearing to air the legal improprieties" of the NYPD.

After receiving 16 citations, thousands of dollars in fines and allegedly malicious threats, the night club owner canceled the concert, two days before the scheduled event.

In a mad rush for time, the NYCCFM was forced to relocate the concert to the International Action Center (IAC) in Midtown.

On the infamous NYPD Rant blog, a slew of comments were posted by police officers informing cops about their illegal actions to shut down the hip-hop event.

One post on the blog read, "This f--ker should be dead, we should ruin this event and make life miserable for every f-ing Hollywood liberal scum liker that shows up, fry Mumia."

Monica Morehead, coordinator for the Millions for Mumia Committee with the (IAC), suggested that the recent police repression of Mumia Abu-Jamal activists has been ignited because on May 17th, oral arguments for a new trial for Mumia will be heard in the Third Circuit Court of Appeals.

Morehead said, "The movement to free Mumia will not be intimidated by any arms of this oppressive state, especially the police." She continued, "The police are trying to discourage the movement."

Wednesday, April 25, 2007

Report on April 24 in Philly

On Tuesday, April 24th hundreds gathered at the American Friends Service Committee in Philadelphia on Mumia's birthday to mobilize for his highly anticipated oral arguments scheduled for May 17th. We would like to thank and congratulate all who came, including Danny Glover, Sgt. DeLacy Davis, Linn Washington Jr., Harold Wilson, Lynne Stewart and others, to show their uncompromising support as they did so in the face of a large FOP protest and building police terror which has resulted in death threats and extreme intimidation throughout the last few weeks. Your continued support is recognized and appreciated.


To hear a few sound clips from the event, click on the following links…

Linn Washington, Jr.

Ramona Africa

Sgt. DeLacy Davis

Sunday, April 22, 2007

Press Conference This Monday (4/23) with Charles Barron, 100 Blacks in Law Enforcemtnt and Others in Response to Recent Police Terrorism

PRESS RELEASE
April 20, 2007

Contact: Justin Lumumba 347-267-8259
Dr. Suzanne Ross 917-584-2135

COUNCILMAN CHARLES BARRON, 100 BLACKS IN LAW ENFORCEMENT, ATTORNEY MICHAEL WARREN, HIP HOP ARTISTS/COMMUNITY ACTIVISTS SPEAK OUT AGAINST POLICE INTIMIDATION OF CLUB WHICH WAS TO HOST A CONCERT IN SUPPORT OF MUMIA ABU-JAMAL

On Monday, April 23rd, a press conference will be held on the steps of City Hall at 12 Noon. Participants are: City Councilman Charles Barron; 100 Blacks in Law Enforcement Who Care; Attorney Michael Warren; as well Rap Artists/Community Activists A-Alikes, Pat-Riot, and DCQ; and Dr. Suzanne Ross and Justin Lumumba of the Free Mumia Abu-Jamal Coalition.

This conference has been scheduled in response to the outrageous and illegal police tactics aimed at silencing support for internationally renowned journalist and writer, Mumia Abu-Jamal, who has been on Pennsylvania's Death Row for almost a quarter of a century. The hip hop concert, organized by young supporters of Abu-Jamal, was scheduled to take place on Sunday April 15th at the Remote Lounge, a club on the Bowery between 2nd and 3rd Streets. For a week prior to the scheduled concert, the police pressured the club owner to cancel the event, but the owner stood firm. Then, two nights before the scheduled event, the police barged in on the club, issued 16 citations, involving thousands of dollars in fines, and escalated the threats against the owner. Fearing for his family and himself, the owner at this point cancelled the event. The event was promptly moved to another site and was held with great enthusiasm, but with anger at the police action.

The police blog, NYPD Rant, documents what the police had planned, "The Remote Lounge should be hammered from now until that scum mumia's eyeball are bulging out of his f'ing head..(sic). . . the 9th pct covers it. it's up by 2nd and Bowery the 6th and 5th will get sucked in by boundries. I would hope leaders will put the whole friggin task force in play. Checkpoints on every single roadway (sic) fvck them all they don't comply or want to fight show them you are the boss, a medical treatment, a couple hours in Bellevue then back … " Because the event could not be held at the Remote Lounge, as originally planned, but was moved to a different site, some of the police plans were circumvented. But it is very dangerous when the police, who claim the title of "law enforcement", aim to break the law and attack young people of color simply for exercising their rights to free speech and free assembly as well as the right to dissent.

The case of Mumia Abu-Jamal will be heard on May 17th, 2007 before the Third Circuit Court of Appeals in Philadelphia. Mumia has his first real chance of winning a new trial in that court. The Fraternal Order of Police, the prosecution, and their allies are doing everything possible to undermine that possibility. It is in that context that the attack on the Remote Lounge must be responded to seriously, as it mirrors a long history of similar actions in Philadelphia. In that city, a scheduled event highlighting famed actor Danny Glover for April 24th at the Clef Club, was just moved because of similar police tactics.

The Third Circuit Refuses to Step Down - Oral Arguments Till Set for May 17 in Philly

Abu-Jamal News

Journalists for Mumia
PO Box 30770, Philadelphia, PA 19104

April 20, 2007

Dear Friends,

Just an hour ago, Abu-Jamal News (the new news format just hot off the press edited by the equally new outfit "Journalists for Mumia") was informed by Mumia's lead attorney Robert R. Bryan that the 3rd Circuit Court of Appeals in Philadelphia has

1) ruled against the prosecution's motion that the court recuse itself and
2) given the opposing sides each an extra half hour for their arguments, meaning that both defense and prosection will have one hour instead of only 30 minutes at the May 17 hearing.

On April 20, 2007, Robert told us via e-mail: "We won on both of my motions [i.e., the defense motion opposing the recusal and the defense motion for more time for arguments at the hearing. MS]. In denying the disqualification of the Third Circuit, the court adopted my argument. Even though I will try to get out more detail over the weekend, you may send out the news."

This doesn't tell us yet whether the court's final decision re Mumia will indeed be just, but it's just great news all the same.

So let's continue our struggle for life, liberty, and justice for Mumia and all the many others who are still denied their basic human rights!

With best greetings from AJN,

Hans Bennett & Michael Schiffmann
J4M (Journalists for Mumia)

reach us via

Hans Bennett destroycapitalism@hotmail.com
Michael Schiffmann mikschiff@t-online.de

Saturday, April 21, 2007

ALERT: Police Terror Forces the Clef Club to Close its Doors to Mumia's Birthday Event

The April 24 Birthday event featuring Danny Glover, Sonia Sanchez, DeLacy Davis and many others will go on as planned, AT A NEW LOCATION, THE AFSC ON 15th AND CHERRY STREETS.

After receiving threats and undergoing extreme intimidation from the Fraternal Order of Police (FOP) and its allies, on April 11th the board of directors to the Clef Club voted to cancel its scheduled event to be held on Mumia's upcoming birthday. As a result the program itself WILL NOT BE CANCELLED, BUT MOVED TO THE AFSC ON 15th AND CHERRY STREETS.

While the FOP and their supporters declare this as a victory, in reality it is nothing more than a desperate and cowardly display of corrupt and violent police power, leading up to the Third Circuit's Oral Arguments which will happen on May 17th in Philadelphia. This type of police terror is predictable and in no way new to the movement to Free Mumia. In New York City, the FOP alongside of the NYPD have issued threats and 16 citations against the Remote Lounge - the Club which was scheduled to host "Mumia 911"

Fearing that his family would be in danger by the police, and in outrage over the citations, the owner opted out and was forced to cancel the show which was relocated to the IAC on 55 West 17th Street.

TAKE A STAND AGAINST POLICE TERROR ON APRIL 24!

BUSES WILL BE LEAVING FROM NYC! CALL (212)339-8029 NOW TO PURCHASE A TICKET, OR BUY ONE IN PERSON AT OUR MEETING THIS FRIDAY AT:

6:30PM
St. Mary's Church in Harlem,
521 West 126th Street
between Broadway and Amsterdam
(1 or 9 train to 125th Street)

Download Flyer Here (PDF)

APRIL 24: Mumia's Birthday

Featuring: Danny Glover, Sonia Sanchez, Ramona Africa, DeLacy Davis (of Black Cops Against Police Brutality), Journalist Linn Washington, Exonerated Death-Row Resident Harold Amin Wilson, Ron Hampton (of National Association Of Black Police), and Attorney Michael Coard.

LOCATION CHANGED: AFSC on 15th and Cherry Streets
Doors Open at 5:30 PM
Film Showing of "Framing an Execution" with Danny Glover at 6:00 PM
Speakers will begin at 7:30 Sharp!

THERE WILL BE A "RING AROUND" CITY HALL AT NOON!

REMINDER: On May 17th
Mumia's case will be reviewed by The Third Circuit Court Of Appeals
http://www.freemumia.com/oralarguments.html
in Philadelphia to decide whether Mumia gets a new trial, life in prison without parole, or execution. The whole world is watching how The Third Circuit will rule. We must let them know where we stand: Only Mumia's release or a new trial is acceptable! APRIL 24th WILL BE AN URGENT ORGANIZING EVENT LEADING UP TO THE MAY 17th ORAL ARGUMENTS.

Alert - The prosecution is fighting tooth and nail to cancel the May 17 hearings!
Click Here for Info...

Excellent article by Linn Washington on police terror in Philadelphia in the face of the possibility of a new trial for Mumia

Excellent article by Linn Washington on police terror in Philadelphia in the face of the possibility of a new trial for Mumia. -Suzanne Ross of the Free Mumia Coalition (NYC)

The Philadelphia Tribune 4/17/07

IMUS ISN'T IS THE ONLY ISSUE TO ADDRESS

By Linn Washington Jr.


Animals! Piece of Trash! Scum bag!

These words sound like the vicious name-calling that got fabled shock-jock Don Imus fired last week.

However, this name-calling has a more homegrown origin.

Yes, there's a radio connection to this expression of hatred.

And, yes, there is a racial animus element embedded in the ill-informed comments containing this name-calling.

But, the culprit here is not the now defunct Imus-In-The-Morning program that blared on both radio and cable television.

These venomous words are some of the verbal vomit hurled recently at Philadelphia's Clef Club expressing outrage toward a program scheduled for next Tuesday at the jazz venue on South Broad Street featuring famed actor/activist Danny Glover.

A centerpiece of this program was the planned showing of a documentary video narrated by Glover examining the controversial case of Philadelphia born, death-row journalist Mumia Abu-Jamal.

Because this program examines the case of Abu-Jamal and is scheduled to take place on Abu-Jamal's birthday, it immediately sparked the ire Philadelphia's police union (the FOP) and local radio personalities supportive of Abu-Jamal's execution for the December 1981 death of Policeman Daniel Faulkner.

The anti-Abu-Jamal barrage of emails and telephone calls unleashed on the Clef Club included declarations perilously close to terroristic threats.

Some of the emails, including from persons identifying themselves as Philadelphia police officers, threatened a withdrawal of police services from the Clef Club.

"Any self respecting police officer in Philadelphia should refuse to answer any calls for service at your establishment," one policeman reportedly stated in an email.

"Since you insist on supporting this piece of trash, I highly recommend that in the future if you find yourself a victim of crime that you DO NOT call 911 for help. Call mumia or MOVE….if you cannot support us why then should we support you?"

While the Imus controversy dominated the national spotlight last week, the Board of the Clef Club decided not to accommodate the Abu-Jamal event.

The Board, according to sources, decided to utilize the venue only for events that support the Club's mission of furthering arts and culture in the community.

The FOP's website offered a different take on the Board's decision.

The Board reviewed the "event and its implications" for Philadelphia police and "moved to cancel the event," stated a FOP website posting.

"The Clef Club Board indicated that they "wish no harm to come to any Philadelphia Police officer ever.""

Funny how many of those citing Free Speech Rights to question the propriety of firing Imus for his latest racist rant never question the propriety of routinely sabotaging Free Speech Rights of those asserting that official misconduct stripped constitutional fair trial rights from Abu-Jamal.

Opponents of Abu-Jamal proclaim his conviction an `open-&-shut' case of guilt.

Yet, authorities used `open-&-shut' following the arrest of a suspect for the May 1981 sniper murder of a Philadelphia policeman.

Police, according to '81 news reports, stated this suspect confessed his involvement in murdering that (black) policeman.

Yet, a jury acquitted the teenaged suspect in this `open-&-shut' case.

Authorities used `open-&-shut' following the June 1981 arrest of a suspect for murdering a Philly organized crime figure. Authorities cited eyewitness identification and a jail-house confession…evidence that sent this suspect to death row.

Yet, evidence later proved that this suspect was framed by two Philadelphia police detectives and a PD sketch artist.

The City of Philadelphia ultimately paid $1.9-million to settle a lawsuit filed by this suspect.

Those responsible for this `open-&-shut' case suspect falsely spending 1,375-days on death row, suffering a nervous breakdown and developing ulcers never faced criminal charges.

Authorities used `open-&-shut' during the 1989, triple murder trial of Harold Wilson.

Wilson, a speaker on the program featuring Glover, spent over 16-years on Pa's death row before his release in November 2005 resulting from serious misconduct by police and prosecutors, including withholding evidence of innocence.

When authorities released Wilson – after robbing a dozen-plus years from his life – they gave him sixty-five cents, a SEPTA token and a warning: Don't come back!

Misconduct by police and prosecutors are elements in the so-called `open-&-shut' conviction of Abu-Jamal – a conviction the federal Third Circuit Court of Appeals will review during a May 17th hearing.

The phrase double-standards float around the Imus firing, questioning his sacking while allowing some rap music artists to profit from using similar slurs.

Double-standards undercut the FOP's claims that its staunch stance against Abu-Jamal is simply defending police officers from attack.

In December 1978, the FOP expelled a long-time member for criticizing the televised police beating of a MOVE member during a shoot-out where an officer died.

Prior to the FOP's expulsion, Officer (and local NAACP president) Alfonso Deal received death threats.

Refusals by police to `back-up' Deal while on patrol forced black off-duty policemen to provide protection to Deal.

In March 1991 the City made a six-figure settlement in the lawsuit filed by a police detective who charged ranking Police and FOP officials with viciously retaliating against him for testifying before the Commission investigating the 1985 MOVE bombing.

A 3/14/91 Daily News editorial criticized city officials for failing to fire those responsible for terrorizing that detective.

The national soul-searching following the Imus firing must extend beyond examining broadcast bigotry.

Justice-for-all needs to move from flowery rhetoric to factual reality.


Linn Washington Jr. is an award-winning writer who teaches journalism at Temple University

Hans Bennett interviews Abu-Jamal attorney Robert R. Bryan

Abu-Jamal Attorney Responds to Philly DA
Is the DA afraid the Third Circuit will grant a new trial?

As reported in two recent Associated Press articles April 6 and April 16, the Philadelphia District Attorney has filed a motion asking the entire 3rd U.S. Circuit Court of Appeals to recuse itself from black death-row journalist Mumia Abu-Jamal's case on grounds that Gov. Ed Rendell, whose wife serves on the court, was district attorney during Abu-Jamal's 1982 trial. The DA argues that if the court rules unfavorably for Abu-Jamal, the defendant could then argue that the ruling was a result of bias from the court, and as the Associated Press wrote, the DA allegedly "wants to leave Abu-Jamal no grounds for any future appeal."

Assistant District Attorney Hugh J. Burns Jr. wrote in his motion that since "Mr. Rendell was the elected district attorney at the time in question, and so would have been responsible for the supposed 'routine' racially discriminatory practices of Philadelphia prosecutors, Abu-Jamal's accusations necessarily implicate Mr. Rendell personally,"

This request followed the March 22 announcement that Abu-Jamal would have oral arguments in Philadelphia on May 17, where the court will consider four different issues that have already been certified for appeal. Supporters have already begun organizing a mass-demonstration in Philadelphia on May 17, and many feel that the DA's request is actually designed 1) to delay the oral arguments and 2) to move Abu-Jamal's case to a more conservative circuit that will be less sympathetic to the issues being presented for a new trial.

Abu-Jamal's attorney, Robert R, Bryan, strongly opposed this move by the District Attorney and filed his response with the court on April 13.

In this interview (conducted on April 16), Bryan responds to this recent move from the DA and provides background on the issues being considered on May 17.

San Francisco attorney Robert R. Bryan has appeared as chief counsel in numerous murder cases and specializes in death-penalty litigation. He is a member of the bar of the United States Supreme Court, California, New York, Alabama, various federal courts, and is the former Chair of the National Coalition to Abolish the Death Penalty, Washington, DC.

Mumia Abu-Jamal first began writing Mr. Bryan in 1986 and in 1991 formally asked him to take his case. The attorney had to decline at that time due to a full schedule of other capital case commitments. In 2003 Mr. Bryan was again approached, and finally agreed to become lead counsel for Mr. Abu-Jamal. He can be contacted via email: RobertRBryan@aol.com



Hans Bennett: Last week, you filed a response to the DA's request to have the 3rd Circuit Court recuse itself? What's this all about?

Robert R. Bryan: I was surprised that the Philadelphia District Attorney actually asked for the disqualification of every judge on the U.S. Court of Appeals for the Third Circuit. This seems really over the top. On Friday, April 13, I filed a response aggressively opposing this effort by the DA. One of my concerns is that the prosecution not be allowed to use this ploy to delay oral argument which is set for May 17.

Mumia has been locked up for over a quarter of a century and on death row for 24. This day for oral arguments has been a long time coming and we do not want justice delayed. That is the bottom line. Also, I feel that this court can be fair. The grounds presented by the DA for disqualification of every judge are baseless and absurd.

I have been doing death penalty work for three decades and this is a novel approach. Of course, in some cases a judge might not be fair and must be disqualified. An example would be when I reopened in New Jersey the Hauptmann-Lindbergh Trial of the Century on behalf of Anna Hauptmann, the widow of Richard Hauptmann. He was executed in 1936 for the kidnap-murder of Charles A. Lindbergh, Jr.; that was long before I was born. In the 1980s I uncovered evidence suppressed by the government establishing that Mr. Hauptmann was in fact innocent. We were litigating the case in the U.S. District Court, Newark. I asked for the recusal of the judge assigned to the case in the belief he could not be fair because his father had been involved in the initial 1932 Lindbergh kidnap investigation as a police chief.

Recusal is statutorily required where a judge has a personal bias or prejudice concerning a party, or personal knowledge of disputed facts, or where there is the appearance of impropriety. However, I do not see those conditions in the case of Mumia Abu-Jamal, where the DA wants to disqualify not just one judge, but rather the entire court.

Bennett: Has the three-judge panel even been selected yet?

Bryan: No. We do not at this point know whom the three judges will be to hear and decide the case. For the District Attorney to be asking for disqualification under the circumstances seems absurd.

Bennett: In December, 2005, the U.S. Court of Appeals shocked many by agreeing to consider two claims not "certified for appeal" by Judge Yohn in 2001. Do you think the DA is threatened by the 3rd Circuit because they may fairly consider the issues and grant your client a new trial?

Bryan: The prosecution seems intent on doing just about anything to avoid that result: a new trial not riddled with racism. The DA's efforts seem not only for the purpose of delaying the May 17 oral argument, but is also a transparent attempt to maneuver the case into being heard by really conservative judges from other circuits. This court, the Third Circuit, has a reputation for being fair and evenhanded, much more than some of the other courts. That is all Mumia and I want—fairness.

The United States is divided into different circuits. This particular circuit is known for being just, particularly when there have been constitutional abuses and has been willing to grant relief. It is clear what the DA is trying to do. The prosecution wants Mumia's case out of the Third Circuit and heard instead by judges from elsewhere who are more conservative and less concerned about constitutional violations, particularly with death penalty cases such as this.

A word of caution. Being in the Third Circuit certainly does not guarantee a favorable outcome. What Mumia and I want is that his case be fairly heard and adjudged. If that occurs then we have a good chance of being granted a new trial, since the constitutional violations are so egregious. Racism and unfairness are threads that have run through this case since the beginning.

Bennett: In 2003 a state court ruled against considering court stenographer Terry Maurer-Carter's affidavit. Since this time, have you been able to include her affidavit in the current federal appeal, despite the state ruling?

Bryan: Ms. Maurer-Carter came forward in August, 2001 with startling new evidence. She revealed that during the 1982 trial she overheard Judge Albert Sabo state, in reference to Mumia, that he was going to help "fry the nigger." Her sworn declaration was immediately filed in the U.S. District Court. Three weeks later on September 17, 2001, a motion was filed federally in an effort to expand the judicial bias claim, contending that the newly discovered evidence established the judge "was racially prejudiced" against Mumia. The evidence also was submitted to the state court, and then as part of a petition I filed March 8, 2004 in the United States Supreme Court. The issue we presented was whether it is permissible under the Fifth, Sixth and Fourteenth Amendments for a judge to preside over a capital murder trial in which he was overheard stating in reference to the accused that he was going to help "fry the nigger." Just quoting those horrible words of Judge Sabo sends chills down my spine.

Bennett: You have included her statement in your current 3rd Circuit appeal, in particular regarding the fourth issue being considered: Judge Sabo's unfairness at the 1995 PCRA evidentiary hearings.

Bryan: Yes. We have four issues in this case and this one concerns Judge Sabo's bias, not at the 1982 trial, but during the 1995 post-conviction (PCRA) evidentiary hearing. I am stuck with that limitation since the lawyers previously on the case did not as a matter of law accuse Judge Sabo of bias at the trial. The judge who was deciding whether or not to grant a new trial in 1995 was the same person who presided over the 1982 trial in which my client was convicted and sentenced to death. Judge Yohn assumed as part of his federal rulings in 2001, that in denying relief Judge Sabo was impartial and fair. Now we know that was not true. When it came to Mumia Abu-Jamal, Judge Sabo made a bigoted remark that he was intent on seeing my client "fry", to be executed. The constitutional principles of due process, fundamental fairness, and equal protection of the law, had taken a holiday from his courtroom. As you know, Mumia has been on death row ever since the trial.

Aside from the numerous violations of my client's constitutional rights detailed in our briefs, we also have this evidence that Judge Sabo said he was going to help the prosecution kill my client, referring to him in the most racist and despicable manner imaginable.

Sabo's "fry the nigger" comment is interrelated with what we are arguing on May 17, but it is not the sole basis of the argument that Judge Sabo was unfair at the 1995 hearing. But it is now part of it and we put it in because it was raised shortly following discovery, and was presented to the U.S. District Court. So I feel it is legitimately there before the Court of Appeals.

As you know, I have litigated numerous death penalty cases around the country for three decades. Back when I was trying many cases in the South, I went before some very racist judges. One even jailed me three days for contempt of court for challenging his racism and bias. Incidentally, my client was cleared—acquitted of murder and all related charges. With all the racism I have witnessed, never have I been before someone who was so arrogant about his or her racism as to just openly talk about it. Mumia's case occurred not in the South, but in Philadelphia, which, aside from the police department, is a sophisticated city. Yet, in this case Judge Sabo refers to Mumia as a "nigger" and boasts about helping the prosecution ensure that he is executed. This is the big gorilla in the room that must be addressed; it cannot be ignored.

Bennett: It's remarkable that Judge Pamela Dembe ruled in 2001 that even if Maurer-Carter was correct, it simply does not matter. She said that since it "was a jury trial, as long as the presiding judge's rulings were legally correct, claims as to what might have motivated or animated those rulings are not relevant."

Bryan: I feel that as a matter of law Judge Dembe was wrong, and of course rejecting that she employed faulty judgment. The subsequent ruling by the Pennsylvania Supreme Court, which I took to the United State Supreme Court, was likewise based upon illogical reasoning. Nevertheless, as I mentioned earlier, this issue was also presented during the same period in the U.S. District Court. The sworn declaration of Terri Maurer-Carter was promptly filed federally.

It is interesting that Ms. Maurer-Carter's husband was a police officer and she an official court stenographer who has received awards for the excellence for her court-reporting work. She is just a normal personal, not political, but what Ms. Maurer-Carter overheard really bothered her. I have great respect for her, that she had the courage to come forward with this information. Ms. Maurer-Carter could have remained silent and stayed out of this, and she and her family would certainly feel safer at night.

Bennett: Do you have an estimate of you how long it will take for the 3rd Circuit Court to make the ruling on a new trial?

Bryan: It is difficult to say. The court has a goal of having an internal draft decision within 60 days following assignment or all supplemental briefing. Yet, if a judge on the panel wishes to concur or dissent, he or she should submit the opinion within 45 days after a second judge's approval of the majority decision. These are only targets the court sets for itself so it could reach a decision much quicker, or longer. I hope to have a ruling before the end of the summer, but that depends upon what happens internally with the court; it could be sometime in the fall. I do not think it will sit on this case for a long time. This is a court not known to procrastinate and hold up the wheels of justice.

Bennett: What rulings could the court make?

Bryan: I will give you the two extremes of what might happen: (1) If the court decides that Mumia deserves a new trial, the judges might order a retrial. (2) If the court rules against us on everything, it we would be looking down the barrel of an execution and need to petition the United States Supreme Court. Of course, there are various rulings the court could make between these two extremes, such as sending the case back to a lower court for further hearings, only ordering a retrial on the issues of life or death, etc.

The issues in this case are of great constitutional importance. In additional to the work by associate counsel Professor Judith L. Ritter and me, there has been support from highly respected legal organizations. The NAACP Legal Defense Fund has written a friend of the court brief on the "racism-in-jury-selection" issue. There was also a brief filed by the National Lawyers Guild, which has been joined by the National Conference of Black Lawyers, International Association of Democratic Lawyers, Charles Hamilton Houston Institute of Race and Justice at Harvard Law School, the Southern Center for Human Rights, and the National Jury Project. That is quite a list of human rights-oriented organizations arguing that this case cries for a new and fair trial not riddled with racism, as it was initially.

Bennett: What can supporters around the world do to best aid your battle in the courts?

Bryan: People need to openly express their concern for human rights, opposition to the death penalty, and demand what we are after in this case: a completely new trial, at the conclusion of that trial, my client could go home to his family. That is the bottom line, and that is what's driving me and the legal team: Mumia's ultimate freedom.

That being said, I consider it very important that people's voices are heard in many ways, like peacefully demonstrating, writing letters to newspaper editors, op-ed pieces, news articles. It is really like what you, Hans, are doing: just getting the word out publicly about the injustices that have occurred in this case—letting the facts speak for themselves. That is what people can do. Of course we need financial support for the legal effort, and there is a fund strictly for the legal defense, the Committee To Save Mumia Abu-Jamal (see below).

The big thing is that that people's voices are heard. I was in Berlin, Germany, in January and spoke to an audience of well over two thousand people. The audience's boisterous reaction to my remarks was overwhelming—they recognized the importance of Mumia to the cause of people's basic rights. There is also much activism in many other countries, such as France, England, Spain, Italy. Mumia Abu-Jamal has become a worldwide symbol in the struggle against the death penalty, and against human rights abuses.

When arrested Mumia was a prominent journalist who was known as the Voice of the Voiceless, because he spoke out against governmental abuses and corruption. The authorities thought when they prosecuted and put him on death row, they would silence him. Ironically he is heard by more people today through radio and print than he was when free. Mumia does not write about himself, but rather about big issues like women's rights, racism, wrongs committed by the U.S. and other governments in Iraq, how we treat prisoners at places like Guantanamo, the education of young people, and poverty.

The Philadelphia District Attorney's goal is to kill Mumia, to see him put him in the death chamber, strapped down, and murdered in the name of the law. The hope of the state is to silence Mumia once and for all.

We all need to understand that the racism and unfairness continues through the present and we are trying to change that.

Bennett: Anything else to add?

Bryan: The Batson issue, which concerns racism in jury selection, is very important. It was not just in my client's case, but it was actually the modus operandi of lawyers in the District Attorney's Office to remove people from the jury who were black and poor. This rendered the trial unfair. The U.S. Supreme Court as well as the U.S. Circuit Court of Appeals have spoken on this issue, ruling that this type of behavior by prosecutors is constitutionally unacceptable.

Bennett: How long have you and Mumia know each other?

Bryan: Mumia started writing me in 1986 and we eventually got to know each other, but I had to turn down the case because I was too busy with other death penalty work. When he came back to me just over four years ago, I could not say no, because it was too important and he needed help.

Mumia has reminded me that what we are all doing is far bigger that just his case. It relates to everyone on death row, and is about people everywhere who are unfairly treated, political prisoners around the globe. We need to bear in mind that a victory for Mumia Abu-Jamal will help other people. That is Mumia's concern. He hopes that what we are doing in his case will help other death row inmates, and put a spotlight on the things wrong with legal systems everywhere. The racism needs to be exposed, brought out to the light of day, and changed. We are about making change for a lot of people.

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To contribute to the legal defense of Mumia, check should be made payable to the "National Lawyers Guild Foundation." The NLG Foundation is a tax-exempt, nonprofit charitable organization under Internal Revenue Code Section 501(c)(3). Donations should be mailed to: Committee To Save Mumia Abu-Jamal, P.O. Box 2012, New York, NY 10159.


The four issues being considered are:

#1. Whether the penalty phase of Mumia's trial violated the legal precedent set by the US Supreme Court's 1988 Mills v. Maryland ruling. This issue was grounds for Yohn's overturning the death sentence in 2001 and is now being appealed by the DA. Yohn ruled that sentencing forms used by jurors and Judge Sabo's instructions to the jury were confusing. Subsequently, jurors mistakenly believed that they had to unanimously agree on any mitigating circumstances in order to be considered as weighing against a death sentence.

#2. "Certified for appeal" by Yohn in 2001, the Batson claim, addresses the prosecution's use of peremptory challenges to exclude Blacks from Mumia's jury. In 1986, the US Supreme Court ruled in Batson v. Kentucky that a defendant deserves a new trial if it can be proved that jurors were excluded on the grounds of race.

At Mumia's trial, Prosecutor McGill used 11 of his 15 peremptory challenges to remove black jurors that were otherwise acceptable. While Philadelphia is 44% black, Abu-Jamal's jury was composed of ten whites and only two blacks. From 1977-1986 when current Pennsylvania governor Ed Rendell was Philadelphia's DA, the evidence of racism is striking: from 1977-86, the Philadelphia DA struck 58% of black jurors, but only 22% of white jurors.

#3. The legality of McGill's statement to the jury minimizing the seriousness of a verdict of guilt: "if you find the Defendant guilty of course there would be appeal after appeal and perhaps there could be a reversal of the case, or whatever, so that may not be final."

In 1986 the Pennsylvania Supreme Court ruled against McGill in another case (Commonwealth v. Baker) on the same grounds. When Mumia addressed this same issue in his 1989 appeal with the State Supreme Court, the court reversed its decision on the legality of such a statement—ruling against the claim for a mistrial.

Incredibly, just one year later, in the very next case involving this issue (Commonwealth v. Beasley), the State Supreme Court flip-flopped and restored the precedent. However, this would not affect the ruling against Mumia, because the court ruled that this precedent would only apply in "future trials."

#4. The fairness of Mumia's 1995-97 PCRA hearings when the retired, 74-year-old Judge Sabo was called back specifically for the hearing. Besides the obvious unfairness of recalling the exact same judge to rule on his fairness in the original 1982 trial, his actual PCRA bias has been extensively documented.

During the 1995 hearings, the mainstream Philadelphia Inquirer wrote that the "behavior of the judge…gave the impression, damaging in the extreme, of undue haste and hostility toward the defense's case." Concluding the PCRA hearing, Sabo rejected all evidence and every witness presented by the defense as not being credible. Therefore, Sabo upheld all of the facts and procedures of the original trial as being correct.

For more information, visit mumia.org (Philadelphia), freemumia.com (New York City), freemumia.org (San Francisco), or emajonline.com (Educators for Mumia).

For the latest on Abu-Jamal from the independent media, check out Bennett's new "Voice of the Voiceless" series on Abu-Jamal being published in the months leading up to the oral arguments at: http://hbjournalist1.googlepages.com/ms

Hans Bennett (insubordination.blogspot.com) is a Philadelphia-based photojournalist who has been documenting the movement to free Mumia and all political prisoners for more than 5 years

Response To State Recusal Motion

From Robert Bryan, Lead Counsel for Mumia...

Dear Friends:

Recently the District Attorney of Philadelphia filed a motion seeking the disqualification of all judges in the U.S. Court of Appeals for the Third Circuit, Philadelphia. The matter has been assigned to a special merits panel of the court.

On Friday, April 13, 2007, we filed the Response of Mumia Abu-Jamal, Appellee and Cross-Appellant, In Opposition To Commonwealth's Motion for Recusal. It is attached. As pointed out in our objection to this "misplaced and absurd" judicial disqualification attempt:

"Further, opposing counsel should not be permitted through this ploy to delay oral argument which is scheduled for May 17, 2007. Mr. Abu-Jamal has been on death row for nearly a quarter of a century, and would like for his case to be heard as scheduled by this Court."

Separately we have submitted a motion seeking an expansion of the time allotted for oral argument (Motion for Enlargement of Time for Parties To Orally Argue, and for Participation By Amici Curiae). In view of the complexity of the case, the 30 minutes allotted to each side seems inadequate. We also ask permission for the NAACP Legal Defense Fund and the National Lawyers Guild (joined by the National Conference of Black Lawyers, International Association of Democratic Lawyers, Charles Hamilton Houston Institute for Race and Justice of Harvard Law School, Southern Center for Human Rights, and the National Jury Project), which have filed amicus curiae (friend of the court) briefs, to be permitted to argue assuming additional time is granted.

You will be promptly advised upon further developments.

With best wishes,

Robert
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Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123

Lead counsel for Mumia Abu-Jamal

Tuesday, April 03, 2007

NYC Writers Union "Writers' Celebration" - May 12, NYC

The New York City Writers Union will be holding a writers' celebration of Mumia's 53rd birthday, and a mobilizing event for May 17th's "ALL OUT IN PHILADELPHIA FOR MUMIA'S LIFE DECIDING ORAL ARGUMENTS, HIS LAST CHANCE FOR A NEW TRIAL".

SATURDAY, May 12th
TIME: 1 to 5 PM
PLACE: The Community Church, East 35th Street, between Park and Madison, NYC

Mumia Abu-Jamal Oral Arguments Set For May 17

Pam Africa calls for mass-demonstration in Philadelphia, and holding mainstream media accountable

by Hans Bennett

On May 17, the 3rd Circuit Court of Appeals will hear oral arguments in the case of internationally renowned black death-row journalist Mumia Abu-Jamal. The court will consider four different issues that it has already certified for appeal. It will then decide to either grant a new trial, affirm the life sentence, or re-instate the death sentence.

Immediately after this date was announced last week, supporters of Abu-Jamal around the world began mobilizing to support Abu-Jamal at the hearings. Explaining the urgency, Pam Africa (coordinator of Abu-Jamal's support network) says that "Mumia can still be executed. Further, since the Supreme Court is unlikely to hear Mumia's case, this is realistically his last chance to get a new trial. As the history of his case shows, we need public pressure to ensure the court's fairness."

"We're asking people to come to Philadelphia and show that the whole world is watching these oral arguments," said Africa. "I believe Mumia is innocent and am personally calling for his immediate release," Africa said. "However, I'll work with anyone supporting a fair trial. By demanding a new trial, we can work with those who know the trial was rotten but are unsure of Mumia's innocence."

Abu-Jamal's attorney, Robert R. Bryan doubts that his client will appear in court because of a rule that the defendant is not brought in for oral arguments. Africa is upset about this rule because she feels that Abu-Jamal's presence will help to ensure fairness. She asks, "these people are arguing about his life, and he's not allowed to be there to make sure everything is done right?"

Africa is also concerned about the limited time given for the presentation of oral arguments. While the 3 rd Circuit Court has granted 45 minutes total, Abu-Jamal's attorney is arguing for at least an hour. Africa argues that "in order to argue this case, you need much more time than that."


A New Trial?

In 1982, Abu-Jamal was convicted of killing white Philadelphia police officer Daniel Faulkner in a trial that Amnesty International has declared a "violation of minimum international standards that govern fair trial procedures and the use of the death penalty,"

Calling for a new trial, supporters around the world feel that the original one was tainted by racism, prosecutorial & judicial misconduct, coerced witnesses, suppressed evidence, and a denial of Mumia's constitutional right to represent himself.

His case has attracted activists around the world organizing against racism, poverty, corporate media censorship, mass incarceration, political repression, and the death penalty.

Activist Noam Chomsky argues that "Mumia's case is symbolic of something much broader...The US prison system is simply class and race war...Mumia and other prisoners are the kind of people that get assassinated by what's called 'social cleansing' in US client states like Colombia."


Still on Death Row

In December, 2001 Federal District Court Judge William Yohn affirmed Abu-Jamal's guilt but overturned the death sentence. Citing the 1988 Mills v. Maryland precedent, Yohn ruled that sentencing forms used by jurors and Judge Sabo's instructions to the jury were confusing. Subsequently, jurors mistakenly believed that they had to unanimously agree on any mitigating circumstances in order to be considered as weighing against a death sentence.

Mumia's case is now in the federal Third Circuit Court of Appeals. DA Lynne Abraham is appealing the death penalty ruling while Mumia is appealing the guilty verdict.

If the penalty ruling is overturned, a new execution date will be set for Mumia. If his ruling is upheld, the DA can still impanel a new jury to rehear the penalty phase, which could then sentence Mumia to death—regardless of the 3 rd Circuit ruling.

Because the DA appealed Yohn's death penalty decision, Mumia has never left death row, and is still unable to have such "privileges" as full-contact visits with his family.


The Four Issues Being Considered

In December, 2005, the 3rd Circuit announced the beginning of deliberations and shocked many by agreeing to consider two claims not "certified for appeal" by Yohn in 2001.

Mumia's attorney Robert R. Bryan declared it to be "the most important decision affecting my client since his 1981 arrest, for it was the first time there was a ruling that could lead to a new trial and his freedom." The courts are now considering the following four issues:

#1. Whether the penalty phase of Mumia's trial violated the legal precedent set by the US Supreme Court's 1988 Mills v. Maryland ruling. This issue was Yohn's grounds for overturning the death sentence and is now being appealed by the DA.

#2. "Certified for appeal" by Yohn in 2001, the Batson claim, addresses the prosecution's use of peremptory challenges to exclude Blacks from Mumia's jury. In 1986, the US Supreme Court ruled in Batson v. Kentucky that a defendant deserves a new trial if it can be proved that jurors were excluded on the grounds of race.

At Mumia's trial, Prosecutor McGill used 11 of his 15 peremptory challenges to remove black jurors that were otherwise acceptable. While Philadelphia is 44% black, Abu-Jamal's jury was composed of ten whites and only two blacks. From 1977-1986 when current Pennsylvania governor Ed Rendell was Philadelphia's District Attorney, the evidence of racism is striking: from 1977-86, the Philadelphia DA struck 58% of black jurors, but only 22% of white jurors.

#3. The legality of McGill's statement to the jury minimizing the seriousness of a verdict of guilt: "if you find the Defendant guilty of course there would be appeal after appeal and perhaps there could be a reversal of the case, or whatever, so that may not be final."

In 1986 the Pennsylvania Supreme Court ruled against McGill in another case (Commonwealth v. Baker) on the same grounds. When Abu-Jamal addressed this same issue in his 1989 appeal with the State Supreme Court, the court reversed its decision on the legality of such a statement—ruling against the claim for a mistrial.

Incredibly, just one year later, in the very next case involving this issue (Commonwealth v. Beasley), the State Supreme Court flip-flopped and restored the precedent. However, this would not affect the ruling against Mumia, because the court ruled that this precedent would only apply in "future trials." This suggests that the rulings were designed to specifically exclude Mumia's case from its precedent.

#4. The fairness of Mumia's 1995-97 PCRA hearings when the retired, 74-year-old Judge Sabo was called back specifically for the hearing. Besides the obvious unfairness of recalling the exact same judge to rule on his fairness in the original 1982 trial, his actual PCRA bias has been extensively documented.

During the 1995 hearings, the mainstream Philadelphia Inquirer wrote that the "behavior of the judge in the case was disturbing the first time around—and in hearings last week he did not give the impression to those in the courtroom of fair mindedness. Instead, he gave the impression, damaging in the extreme, of undue haste and hostility toward the defense's case."

Concluding the PCRA hearing, Sabo rejected all evidence and every witness presented by the defense as not being credible. Therefore, Sabo upheld all of the facts and procedures of the original trial as being correct.


"I'm Going To Help Them Fry The Nigger"

In 2001 another witness—Terri Mauer-Carter—challenged Sabo's integrity, but the State Supreme Court ruled against the defense's right to include her affidavit in their current federal appeal. Mauer-Carter was working as a stenographer in the Philadelphia Court system on the eve of Mumia's 1982 trail when she states that she overheard Judge Sabo say in reference to Mumia's case that he was going to help the prosecution "fry the nigger."

Journalist Dave Lindorff recently interviewed Mauer-Carter's former boss, Richard Klein, who was with Mauer-Carter when she states she overheard Sabo. A Philadelphia Common Pleas Court judge at the time, who now sits on PA's Superior Court, Klein told Lindorff: "I won't say it did happen, and I won't say it didn't. That was a long time ago." Lindorff considers Klein's refusal to firmly reject Mauer-Carter's claim to be an affirmation of her statement.

The State Supreme Court ruling was an affirmation of lower-level Judge Patricia Dembe's argument that even if Maurer-Carter is correct about Sabo's stated intent to use his position as Judge to throw the trial and help the prosecution "fry the nigger," it doesn't matter. According to Dembe, since it "was a jury trial, as long as the presiding Judge's rulings were legally correct, claims as to what might have motivated or animated those rulings are not relevant."


Organizing for May 17

Before the May 17 date had been set, Abu-Jamal supporters had already been organizing events for April 24—Mumia's birthday. The event in Philadelphia will show the film Framing an Execution (narrated by Danny Glover), which analyzes the biased presentation of Abu-Jamal's case by Sam Donaldson on ABC's 20/20 in 1999. Afterwards, the forum will discuss new evidence of innocence.

On the same day in France, Abu-Jamal's international supporters will be joined by a US delegation defending last April's naming of a street for Abu-Jamal in the Paris suburb of St. Denis.

"In 2001, when Judge Yohn affirmed Mumia's conviction, he said there was no evidence to show that Mumia is innocent. That is absolutely not true, but Yohn could get away with saying this because the mainstream media did not hold him accountable." Pam Africa argues that independent journalism and aggressive media-activism are urgently needed to challenge the mainstream media to report accurately about the upcoming oral arguments. "Deceitful mainstream media coverage since November has not presented the extensive evidence of Mumia's innocence, and this dishonest coverage makes Mumia seem like a cold blooded killer. Only independent media has been putting the truth out about Mumia."

Among the many stories about Abu-Jamal in the independent press, Africa highly recommends reading about the important new evidence presented in German author Michael Schiffmann's new book on the case—especially the new discovery of crime-scene photos that expose police manipulation of evidence at the scene.

If supporters are unable to travel to Philadelphia on May 17, Africa encourages people do something in their hometown to publicize the oral arguments and hold the mainstream media accountable in their coverage of the case. "Mumia's case represents all that is wrong with this system. We must take action now before its too late."

For more information, check out mumia.org (Philadelphia), freemumia.com (New York City ), freemumia.org (San Francisco), or emajonline.com (Educators for Mumia). For the latest on Abu-Jamal from the independent media, check out Bennett's new "Voice of the Voiceless" series on Abu-Jamal being published in the months leading up to the oral arguments at: http://hbjournalist1.googlepages.com/ms


Hans Bennett (insubordination.blogspot.com) is a Philadelphia-based photojournalist who has been documenting the movement to free Mumia and all political prisoners for more than 5 years