This Legal Update is made on behalf of Mumia Abu-Jamal, who is on Pennsylvania’s death row.
United States Court of Appeals for the Third Circuit, Philadelphia Yesterday the U.S. Court of Appeals for the Third Circuit entered an order extending the due date for submitting the Petition for Rehearing En Banc on behalf of my client, Mumia Abu-Jamal. We will file it on June 27, 2008.
There apparently is still confusion regarding the March 27 federal decision. A new jury trial was ordered on the question of whether the penalty should be life or death. The court did not rule that Mumia should receive a life sentence as some have stated. The penalty-phase was reversed because the trial judge gave misleading and unconstitutional jury instructions. Nonetheless, I expect far greater gains.
There was a lengthy dissenting opinion on the issue of racism in jury selection. It found that there was prima facie evidence of the prosecutor engaging in racism. He removed prospective African-American jurors for no reason other than the color of their skin. That violates the United States Constitution. This extraordinary dissent goes to the core of our effort to secure an entirely new trial. The first step in that process is what we presently are about -— convincing the entire federal court that the case should be re-heard and full relief granted. This dissent serves as the basis for that effort and, if need be, going to the United States Supreme Court.
Mumia remains on death row. The prosecution has vowed to appeal and continue its quest to see him executed. I will not let that happen.
Donations for Mumia's Legal Defense in the United States The only way to ensure that donations in the U.S. go only to the legal defense is to make checks payable to the National Lawyers Guild Foundation (indicate "Mumia" on the bottom left). The donations are tax deductible. Checks should be mailed to:
Committee To Save Mumia Abu-Jamal
P.O. Box 2012
New York, NY 10159-2012
Conclusion
This case can be won. In over three decades of successfully defending people in capital murder cases, I have not seen one more compelling. Racism is a thread that has run through the case since its inception. My objective remains to obtain a new jury trial in which Mumia will be acquitted by a jury so that he can return to his family, a free person.
On behalf of Mumia Abu-Jamal, I thank you.
Yours very truly,
Robert R. Bryan
Lead counsel for Mumia Abu-Jamal
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Sunday, June 15, 2008
Monday, June 09, 2008
The Frame-Up of Mumia on Steal This Radio
Steal This Radio - An Hour of Mayhem, Music and Ecology
Host: Mitchel Cohen
listen online or download the show.
Show #45
Thursday, June 5th, 2008
The Frame-Up of Mumia Abu-Jamal: The Real Story.
Guest: Chris Kinder, coordinator of The Labor Action Committee to Free Mumia Abu-Jamal
Mumia Abu-Jamal is a journalist and former Black Panther who was found guilty of killing Philadelphia police officer Daniel Faulkner in 1981 and who is facing state execution. He has remained on Death Row in Pennsylvania for the last 26 years. Mumia said he was parked in his cab when he "heard what sounded like gunshots.” He ran over to the scene and was shot by a cop. He has always maintained his innocence, and never “confessed.” Witness William Singletary saw the whole thing; he said that Mumia arrived unarmed, and only AFTER the cop was shot; he said the real killer fled the scene. Other witnesses corroborated this account. Mumia Abu-Jamal arrived on the scene and was shot by cops and almost died. Evidence shows that the cops present at the scene knew Mumia and didn’t like his articles exposing of their crimes and brutality.
His case has become a cause cêlebre around the world, as Mumia is a brilliant political analyst and supporter of radical progressive movements. His case is a symbol of the racist frameups that were rampant in the U.S. in the 1970s and 80s, and that in fact continue to this day.
In this show, Chris Kinder examines the evidence for Mumia’s innocence and looks at a new book, “The Framing of Mumia Abu-Jamal,” by J. Patrick O’Connor which is the first book to convincingly show how the Philadelphia Police Department and the District Attorney’s office worked in tandem to efficiently and methodically frame him.
Host: Mitchel Cohen
listen online or download the show.
Show #45
Thursday, June 5th, 2008
The Frame-Up of Mumia Abu-Jamal: The Real Story.
Guest: Chris Kinder, coordinator of The Labor Action Committee to Free Mumia Abu-Jamal
Mumia Abu-Jamal is a journalist and former Black Panther who was found guilty of killing Philadelphia police officer Daniel Faulkner in 1981 and who is facing state execution. He has remained on Death Row in Pennsylvania for the last 26 years. Mumia said he was parked in his cab when he "heard what sounded like gunshots.” He ran over to the scene and was shot by a cop. He has always maintained his innocence, and never “confessed.” Witness William Singletary saw the whole thing; he said that Mumia arrived unarmed, and only AFTER the cop was shot; he said the real killer fled the scene. Other witnesses corroborated this account. Mumia Abu-Jamal arrived on the scene and was shot by cops and almost died. Evidence shows that the cops present at the scene knew Mumia and didn’t like his articles exposing of their crimes and brutality.
His case has become a cause cêlebre around the world, as Mumia is a brilliant political analyst and supporter of radical progressive movements. His case is a symbol of the racist frameups that were rampant in the U.S. in the 1970s and 80s, and that in fact continue to this day.
In this show, Chris Kinder examines the evidence for Mumia’s innocence and looks at a new book, “The Framing of Mumia Abu-Jamal,” by J. Patrick O’Connor which is the first book to convincingly show how the Philadelphia Police Department and the District Attorney’s office worked in tandem to efficiently and methodically frame him.
The Vital Importance of Mumia Abu-Jamal
by Walidah Imarisha
Sunday, April 13, 2008 --
Mumia Abu-Jamal, award winning journalist, activist, organizer, "voice of the voiceless" and resident of Pennsylvania's death row, was denied his appeal to the Third Circuit Court of Appeals to receive a new trial. They did uphold the decision to give him life without parole instead of the death penalty, which the state will probably appeal.
They waited almost an entire year to hand down that verdict, I remember the big protest we had outside the court the day the hearing happened (a hearing Mumia was supposed to be allowed to appear at personally, until the last minute when they wouldn't let him come. It would have been his first in person court appears in over a decade).
The case of Mumia is so important to justice, to the state of things, and to me personally. My first protest I ever went to, at the age of 15 in Eugene, Oregon, was a Free Mumia protest. It was such a small protest now that I have been at gatherings with hundreds of thousands. But at the time it seemed massive.
The flyer had said to gather at the entrance to the University of Oregon. Unfamiliar with activist time, I had shown up about 20 minutes early, and had seen no one. I worried if I'd gotten the location wrong, if it had been cancelled, if it was really going to happen.
I had just begun my foray into political education, thanks to an internship I stumbled onto at a local social justice organization. My time in the office set in a creaky old building with pipes that rattled set the stage for the rest of my life. It was sitting in the frayed worn couches near the bay window that I first heard the words communism and socialism as more than just some dangerous evil that would devour me if it wanted. While typing up stories for the newsletter at the antiquated box of a computer, talk of the Zapatistas, political prisoners, Sandinistas, Central America, Cuba, apartheid, Assata Shakur, Malcolm X all swirled around me. I didn't know what the hell these people were talking about. But I knew they were individuals I already respected, who knew so much about things I had never dreamed existed. I knew I had to educate myself.
I asked my mentor, a young white man who wore cardigan sweaters and converse and looked more at home in a 50s car hop poster than organizing in support of farmworkers, timidly one day if he could recommend some books for me to read. He reached up without hesitation and handed me a small black book, with a dreadlocked man staring solemnly out of the cover. "You should really check this out, I think you might find some good stuff in here."
I started Mumia's Live From Death Row on the long bus ride home (I actually lived in another city, Springfield, so I had to transfer three times to get home). I stayed up until 3 in the morning, neglecting school work and my favorite show on tv, to finish the book. Mumia's words were elegant, poetic, searing and undeniable. He wrote about live on death row, vinettes about the people there with him, the supposed scum of the earth, he wrote them as humans, beautiful flawed tragic humans. He wrote about the larger prison industrial complex, wrote about why prisons exist and who benefits from them, not in safety but in real material dollars. And whose flesh is sold to make those dollars, poor and black and brown and illiterate and mentally delayed and never had a chance and nobody never listened to their voice. His book was not about him, he was the eyes, the ears, the nose, the mouth and the heart that drew it all together, linked connections I had never imagined, showed me the web of oppression that threaded through my entire life, tangling me without my realizing it. And he showed me how to begin to hack away at those threads. I believed and believe with all my heart Mumia when he says he's innocent. But his book and his commitment showed me that that is not the biggest question. The biggest question is who is guilty of what crimes, and why are those guilty of the worst atrocities against humanity rarely ever brought to justice?
Back at the gate to the University of Oregon, I looked up as about 10 young white people, some dreadlocked with patch work pants, a couple in all black with patches on their ripped up hoodies, came towards me, carrying signs that said "Free Mumia" and "Free All Political Prisoners". One young woman came up to me and asked, "Are you here for the Mumia protest?" I was so happy, I nodded my head vigorously. "Great," she said, handing me a sign, "We're almost ready to start."
In about 10 minutes, the group of 30 to 40 folks assembled set off down the street, marching through the business district around the University. I had never been in a crowd of people chanting and banging drums, yelling slogans, stopping traffic. I felt strong, and unstoppable. This is the power that people in the dilapadated office had talked about, the power that can stand up to bullets and batons and tanks and dictators and empires. The power of the people.
Someone pushed play on a boombox they had brought, and Mumia's rich voice, tempered with honey and with steel, burst from the speakers, rained down on the boutiques and pizza shops and on me. I had never heard Mumia's voice before. Listening to him read one of his commentaries he had written in prison, I knew why they didn't play Mumia's voice, why they were scared to let this radio journalist's voice free from the cage. You could not listen to Mumia's voice and not be moved by the power, the rationality and most of all the humanity in it. You could never believe this man was the rabid loose cannon crazy person they tried to paint him as. You couldn't hear Mumia's voice and not want to join in the fight to free him, and the fight to make sure there would be no more Mumia's on death rows ever again.
As he closed out his commentary, "Live from death row, this is Mumia Abu-Jamal," I hoisted my Free Mumia NOW sign as high as I could, and yelled with all my might with the dozens of throats around me, "Brick by brick, wall by wall we're going to free Mumia Abu-Jamal."
I screamed the same chant 13 years later, in front of the Third Circuit Court of Appeals last May as they heard evidence to decide Mumia's fate. What they don't understand, and what we have to, is that is is not their decision. The decision, as always, rests with the people, who have the real power. I still believe wholeheartedly in the chant, and I know you do too. Now is the time to make our voices and our determination heard.
Sunday, April 13, 2008 --
Mumia Abu-Jamal, award winning journalist, activist, organizer, "voice of the voiceless" and resident of Pennsylvania's death row, was denied his appeal to the Third Circuit Court of Appeals to receive a new trial. They did uphold the decision to give him life without parole instead of the death penalty, which the state will probably appeal.
They waited almost an entire year to hand down that verdict, I remember the big protest we had outside the court the day the hearing happened (a hearing Mumia was supposed to be allowed to appear at personally, until the last minute when they wouldn't let him come. It would have been his first in person court appears in over a decade).
The case of Mumia is so important to justice, to the state of things, and to me personally. My first protest I ever went to, at the age of 15 in Eugene, Oregon, was a Free Mumia protest. It was such a small protest now that I have been at gatherings with hundreds of thousands. But at the time it seemed massive.
The flyer had said to gather at the entrance to the University of Oregon. Unfamiliar with activist time, I had shown up about 20 minutes early, and had seen no one. I worried if I'd gotten the location wrong, if it had been cancelled, if it was really going to happen.
I had just begun my foray into political education, thanks to an internship I stumbled onto at a local social justice organization. My time in the office set in a creaky old building with pipes that rattled set the stage for the rest of my life. It was sitting in the frayed worn couches near the bay window that I first heard the words communism and socialism as more than just some dangerous evil that would devour me if it wanted. While typing up stories for the newsletter at the antiquated box of a computer, talk of the Zapatistas, political prisoners, Sandinistas, Central America, Cuba, apartheid, Assata Shakur, Malcolm X all swirled around me. I didn't know what the hell these people were talking about. But I knew they were individuals I already respected, who knew so much about things I had never dreamed existed. I knew I had to educate myself.
I asked my mentor, a young white man who wore cardigan sweaters and converse and looked more at home in a 50s car hop poster than organizing in support of farmworkers, timidly one day if he could recommend some books for me to read. He reached up without hesitation and handed me a small black book, with a dreadlocked man staring solemnly out of the cover. "You should really check this out, I think you might find some good stuff in here."
I started Mumia's Live From Death Row on the long bus ride home (I actually lived in another city, Springfield, so I had to transfer three times to get home). I stayed up until 3 in the morning, neglecting school work and my favorite show on tv, to finish the book. Mumia's words were elegant, poetic, searing and undeniable. He wrote about live on death row, vinettes about the people there with him, the supposed scum of the earth, he wrote them as humans, beautiful flawed tragic humans. He wrote about the larger prison industrial complex, wrote about why prisons exist and who benefits from them, not in safety but in real material dollars. And whose flesh is sold to make those dollars, poor and black and brown and illiterate and mentally delayed and never had a chance and nobody never listened to their voice. His book was not about him, he was the eyes, the ears, the nose, the mouth and the heart that drew it all together, linked connections I had never imagined, showed me the web of oppression that threaded through my entire life, tangling me without my realizing it. And he showed me how to begin to hack away at those threads. I believed and believe with all my heart Mumia when he says he's innocent. But his book and his commitment showed me that that is not the biggest question. The biggest question is who is guilty of what crimes, and why are those guilty of the worst atrocities against humanity rarely ever brought to justice?
Back at the gate to the University of Oregon, I looked up as about 10 young white people, some dreadlocked with patch work pants, a couple in all black with patches on their ripped up hoodies, came towards me, carrying signs that said "Free Mumia" and "Free All Political Prisoners". One young woman came up to me and asked, "Are you here for the Mumia protest?" I was so happy, I nodded my head vigorously. "Great," she said, handing me a sign, "We're almost ready to start."
In about 10 minutes, the group of 30 to 40 folks assembled set off down the street, marching through the business district around the University. I had never been in a crowd of people chanting and banging drums, yelling slogans, stopping traffic. I felt strong, and unstoppable. This is the power that people in the dilapadated office had talked about, the power that can stand up to bullets and batons and tanks and dictators and empires. The power of the people.
Someone pushed play on a boombox they had brought, and Mumia's rich voice, tempered with honey and with steel, burst from the speakers, rained down on the boutiques and pizza shops and on me. I had never heard Mumia's voice before. Listening to him read one of his commentaries he had written in prison, I knew why they didn't play Mumia's voice, why they were scared to let this radio journalist's voice free from the cage. You could not listen to Mumia's voice and not be moved by the power, the rationality and most of all the humanity in it. You could never believe this man was the rabid loose cannon crazy person they tried to paint him as. You couldn't hear Mumia's voice and not want to join in the fight to free him, and the fight to make sure there would be no more Mumia's on death rows ever again.
As he closed out his commentary, "Live from death row, this is Mumia Abu-Jamal," I hoisted my Free Mumia NOW sign as high as I could, and yelled with all my might with the dozens of throats around me, "Brick by brick, wall by wall we're going to free Mumia Abu-Jamal."
I screamed the same chant 13 years later, in front of the Third Circuit Court of Appeals last May as they heard evidence to decide Mumia's fate. What they don't understand, and what we have to, is that is is not their decision. The decision, as always, rests with the people, who have the real power. I still believe wholeheartedly in the chant, and I know you do too. Now is the time to make our voices and our determination heard.
Book Signing for THE FRAMING OF MUMIA ABU-JAMAL
with author J. Patrick O'Connor
SAVE THE DATE!
Tuesday, June 24TH, 2008
BOOK-SIGNING FOR "THE FRAMING OF MUMIA ABU-JAMAL"
at THE BRECHT FORUM
451 WEST STREET
(between Bank & Bethune Sts)
Just released (and reported in "The New York Times"), this seasoned crime reporter reveals Mumia's innocence through an incisive analysis of who really murdered P.O. Daniel Faulkner in Philly on December 9, 1981. Arm yourself with this startling new evidence!
Bring your questions and ideas to author Pat O'Connor, MOVE's Minister of Information Ramona Africa; head of Int'l Concerned Family & Friends of Mumia Abu-Jamal, Pam Africa; surprise guests -- & YOU, who have the power to release Mumia now!
Light refreshments will be available. For more info, call 212-330-8029, or visit www.freemumia.com.
SAVE THE DATE!
Tuesday, June 24TH, 2008
BOOK-SIGNING FOR "THE FRAMING OF MUMIA ABU-JAMAL"
at THE BRECHT FORUM
451 WEST STREET
(between Bank & Bethune Sts)
Just released (and reported in "The New York Times"), this seasoned crime reporter reveals Mumia's innocence through an incisive analysis of who really murdered P.O. Daniel Faulkner in Philly on December 9, 1981. Arm yourself with this startling new evidence!
Bring your questions and ideas to author Pat O'Connor, MOVE's Minister of Information Ramona Africa; head of Int'l Concerned Family & Friends of Mumia Abu-Jamal, Pam Africa; surprise guests -- & YOU, who have the power to release Mumia now!
Light refreshments will be available. For more info, call 212-330-8029, or visit www.freemumia.com.
Monday, June 02, 2008
Legal Update from Mumia's Attorney
From: Robert R. Bryan, lead counsel for Mumia Abu-Jamal:
This Legal Update is made on behalf of my client, Mumia Abu-Jamal, who is on Pennsylvania’s death row.
United States Court of Appeals for the Third Circuit, Philadelphia, The U.S. Court of Appeals for the Third Circuit, Philadelphia, has granted my motion for a 14-day extension of time to file the Petition for Rehearing and Rehearing /En Banc/. It will be submitted on June 10. The following is a related news story
Posted on Wed., May. 28, 2008
Abu-Jamal lawyers granted two-week extension
The U.S. Court of Appeals for the Third Circuit yesterday granted a two-week extension for lawyers for death-row inmate Mumia Abu-Jamal to file a petition for a rehearing on his effort to get a new trial.
Abu-Jamal was convicted in 1982 of the murder of Philadelphia Police Officer Daniel Faulkner and was sentenced to death. In late March, a three-judge panel of the Third Circuit affirmed Abu-Jamal's conviction but vacated the death sentence. The court said Abu-Jamal should be sentenced to life in prison or get a chance to persuade a new Philadelphia jury that he deserves a life sentence rather than death.
Defense lawyer Robert R. Bryan of San Francisco intends to seek a rehearing before the court on his contention that Abu-Jamal deserves a new trial, or at least a hearing on his argument that some blacks were intentionally excluded from his jury. The court said the new filing deadline is June 10. - Emilie Lounsberry
On March 27 the U.S. Court of Appeals court ordered a new jury trial on whether Mumia should be sentenced to life or death because of the trial judge’s unconstitutional jury instructions. Mumia remains on death row since the ruling has not taken effect and the prosecution has vowed to appeal and continue its quest to see him executed. It is always good when there is a determination that the death penalty was wrongfully imposed, especially where, as here, it could help other inmates sentenced to death. Yet, we are not pleased with the ruling because the court refused to reverse the conviction and order a new trial on the question of innocence. The indisputable facts are that the prosecutor engaged in racism to select the jury, made a misleading argument to the jury which turned the concept of reasonable doubt on its head, and the trial judge was biased.
The bright side of the federal decision is that Justice Thomas L. Ambro wrote a lengthy dissenting opinion on the issue of racism in jury selection. His first sentence set the tone: “Excluding even a single person from a jury because of race violates the Equal Protection Clause of our Constitution.” He concluded that the “core guarantee of equal protection, ensuring citizens that their State will not discriminate on account of race, would be meaningless were we to approve the exclusion of jurors on the basis of . . . race. . . . I respectfully dissent.” The words of Justice Ambro are a light in the darkness, a roadmap as to our effort to seek a rehearing before the full court.
United States Supreme Court - On separate issues arising directly from the state courts, recently I filed pleadings on behalf of Mumia in the U.S. Supreme Court. *Justice David H. Souter has granted my motion setting the filing date for the /certiorari /petition as **July 18, 2008**. This concerns issues *we litigated for three years in the Pennsylvania Supreme Court, that the prosecution falsely manipulated eyewitness testimony and used fabricated evidence. This has no bearing on the proceedings pending in the U.S. Court of Appeals for the Third Circuit.
Conclusion - My goal remains a new jury trial in which Mumia will be found "not guilty" so that he can return home to his family. The ongoing concern by so many people for human rights is appreciated. Mumia and I thank you.
Yours very truly,
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Lead counsel for Mumia Abu-Jamal
RobertRBryan@aol.com
This Legal Update is made on behalf of my client, Mumia Abu-Jamal, who is on Pennsylvania’s death row.
United States Court of Appeals for the Third Circuit, Philadelphia, The U.S. Court of Appeals for the Third Circuit, Philadelphia, has granted my motion for a 14-day extension of time to file the Petition for Rehearing and Rehearing /En Banc/. It will be submitted on June 10. The following is a related news story
Posted on Wed., May. 28, 2008
Abu-Jamal lawyers granted two-week extension
The U.S. Court of Appeals for the Third Circuit yesterday granted a two-week extension for lawyers for death-row inmate Mumia Abu-Jamal to file a petition for a rehearing on his effort to get a new trial.
Abu-Jamal was convicted in 1982 of the murder of Philadelphia Police Officer Daniel Faulkner and was sentenced to death. In late March, a three-judge panel of the Third Circuit affirmed Abu-Jamal's conviction but vacated the death sentence. The court said Abu-Jamal should be sentenced to life in prison or get a chance to persuade a new Philadelphia jury that he deserves a life sentence rather than death.
Defense lawyer Robert R. Bryan of San Francisco intends to seek a rehearing before the court on his contention that Abu-Jamal deserves a new trial, or at least a hearing on his argument that some blacks were intentionally excluded from his jury. The court said the new filing deadline is June 10. - Emilie Lounsberry
On March 27 the U.S. Court of Appeals court ordered a new jury trial on whether Mumia should be sentenced to life or death because of the trial judge’s unconstitutional jury instructions. Mumia remains on death row since the ruling has not taken effect and the prosecution has vowed to appeal and continue its quest to see him executed. It is always good when there is a determination that the death penalty was wrongfully imposed, especially where, as here, it could help other inmates sentenced to death. Yet, we are not pleased with the ruling because the court refused to reverse the conviction and order a new trial on the question of innocence. The indisputable facts are that the prosecutor engaged in racism to select the jury, made a misleading argument to the jury which turned the concept of reasonable doubt on its head, and the trial judge was biased.
The bright side of the federal decision is that Justice Thomas L. Ambro wrote a lengthy dissenting opinion on the issue of racism in jury selection. His first sentence set the tone: “Excluding even a single person from a jury because of race violates the Equal Protection Clause of our Constitution.” He concluded that the “core guarantee of equal protection, ensuring citizens that their State will not discriminate on account of race, would be meaningless were we to approve the exclusion of jurors on the basis of . . . race. . . . I respectfully dissent.” The words of Justice Ambro are a light in the darkness, a roadmap as to our effort to seek a rehearing before the full court.
United States Supreme Court - On separate issues arising directly from the state courts, recently I filed pleadings on behalf of Mumia in the U.S. Supreme Court. *Justice David H. Souter has granted my motion setting the filing date for the /certiorari /petition as **July 18, 2008**. This concerns issues *we litigated for three years in the Pennsylvania Supreme Court, that the prosecution falsely manipulated eyewitness testimony and used fabricated evidence. This has no bearing on the proceedings pending in the U.S. Court of Appeals for the Third Circuit.
Conclusion - My goal remains a new jury trial in which Mumia will be found "not guilty" so that he can return home to his family. The ongoing concern by so many people for human rights is appreciated. Mumia and I thank you.
Yours very truly,
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Lead counsel for Mumia Abu-Jamal
RobertRBryan@aol.com
Subscribe to:
Posts (Atom)