Monday, November 01, 2010

WHY THE NOVEMBER 9, 2010 HEARING ON MUMIA IS SO CRITICAL

From www.Freedomarchives.org

The only legal options to be considered at the Third Circuit's November 9 hearing are whether Mumia Abu-Jamal is to be executed or get life in prison without parole. Clearly neither of those two options is acceptable.

To fully grasp the significance of the hearing, one needs to revisit Federal District Court Judge William Yohn, Jr.'s decision of December 18, 2001. In that ruling the judge upheld Mumia's conviction but at the same time threw out his death sentence on the grounds that the verdict form used by the jury for sentencing at his trial violated the U.S. Supreme Court's Mills precedent and therefore entitled Mumia to have his death sentence overturned. Yohn then gave the state 180 days to convene a new jury trial only on the issue of Mumia's penalty, in which the choices would be either death or life in prison without parole. On the other hand, if the state did nothing, Yohn ruled that Mumia would automatically be sentenced to life in prison without parole.

At the time Judge Yohn stayed his ruling on the death sentence while the state appealed his decision to the next higher level of federal court, the Third Circuit Court of Appeals. (At the same time Mumia cross-appealed Judge Yohn's decision upholding Mumia's conviction.) Mumia was therefore never removed from Death row and remains there to this day.

On March 27, 2008, the Third Circuit upheld Yohn's decision on the death penalty on a 3-0 vote. Again the decision was stayed while the state appealed to the highest federal level, the Supreme Court. (In the same decision, the Third Circuit rejected Mumia's appeal on the conviction by 2-1 and, as before, Mumia cross-appealed that ruling.)

On January 10, 2010, the Supreme Court ordered the Third Circuit to reconsider its decision on the death sentence in light of its simultaneously-issued ruling unanimously rejecting an appeal from a white-supremacist named Spisak. That man admitted to killing at least two people in Ohio and openly wished to have murdered more. He had appealed his death sentence also as a violation of Mills, but involving a different aspect of it than Mumia's case. The Sixth Circuit, as did the Third Circuit in Mumia's case, ruled that the death sentence should be vacated, but the Supreme Court ruled that the Mills precedent did not apply in Spisak's case, and that therefore execution rather than life in prison was the appropriate penalty. Based on that decision, the Supreme Court immediately applied the same argument to Mumia's case and asked for the Third Circuit to reconsider the issue of execution for Mumia as well.

Thus, the hearing on November 9th is on Mumia's penalty only. The choices before the court are either to sustain Yohn's and its own earlier decisions or to reinstate the death penalty, clearing the way for Mumia's possible quick execution.

If the Third Circuit reaffirms its earlier decision to sentence Mumia to life in prison without parole, the state will most likely appeal to the Supreme Court. (This is exactly what happened with Spisak, after the Sixth Circuit upheld its own earlier ruling which had overturned the man's death sentence.) But in the unlikely event that the state doesn't appeal, it will then have 180 days to implement Judge Yohn's decision.

Of course if the Third Circuit rules against Mumia, he will appeal to the Supreme Court. However, the odds for relief are small, given the increasingly reactionary nature of that court.

Thus, Mumia's legal situation is extremely dangerous. His life truly is on the line, for no matter how the court rules, the only two choices under this legal system are either execution or life in prison without parole and, for the moment, the prosecution, with all its allies and backers, is fighting very hard for execution.

THAT'S WHY WE ARE CALLING FOR ALL THOSE WHO POSSIBLY CAN TO COME OUT TO PHILADELPHIA WITH US ON THE 9TH. WE MUST STAY THE HANDS OF THE EXECUTIONERS AND PRY OPEN THE PRISON GATES FOR MUMIA'S RELEASE.

FREE MUMIA!
ABOLISH THE RACIST DEATH PENALTY!
FREE ALL POLITICAL PRISONERS!

To make reservations for bus tickets to Philadelphia on November 9th, call 212 330-8029.

Free Mumia Abu-Jamal Coalition
www.freemumia.com
info@freemumia.com (212)330-8029

Mumia Activities Round-up

From http://freemumianow.wordpress.com/

EDUCATE AND MOBILIZE FOR MUMIA'S NOVEMBER 9 COURT HEARING
REPOST!     SUPPORT!     PARTICIPATE!    REPRESENT!   
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11/1 - DETROIT

FOR IMMEDIATE RELEASE

MECAWI HOSTS SCREENING OF NEW DOCUMENTARY, JUSTICE ON TRIAL: THE CASE
OF MUMIA ABU-JAMAL

What: First Detroit Screening on Mon. Nov. 1, 7:00 p.m.
Where: 5920 Second Ave. at Antoinette, North of WSU Campus
Cost:    Free Admission
Contact: 313.671.3715
E-mail: panafnewswire@yahoo.com
URL: http://www.mecawi.org

Important Meeting As the Case of Mumia Abu-Jamal Takes on Renewed Urgency With Upcoming Court Hearing

As one of the nation’s most closely-watched death row cases heads to the U.S. 3rd Circuit Court of Appeals on November 9, Baruch College Professor of American History Johanna Fernandez teams up with director Kouross Esmaeli of Big Noise Films to investigate the controversial case of Mumia Abu-Jamal in their new film, Justice on Trial: The Case of Mumia Abu-Jamal. Fernandez wrote and produced the film, which Esmaeli directed. Justice on Trial will receive its first Detroit screening at the weekly meeting of the Michigan Emergency Committee Against War & Injustice on Mon., November 1 at 7:00pm.

Trailer:  http://bignoisefilms.org/films/tactical-media/114-justice-on-trial

Facebook: http://www.facebook.com/justiceontrialthemovie

To host a screening of the film, email: justiceontrialthemovie@gmail.com
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11/2 - NYC

A New Appeal for Mumia
A New Big Noise Film Laying out the Facts

NYC Preview of "Justice on Trial: The Case of Mumia Abu-Jamal"
Tuesday Nov. 2, 2010
Baruch Performing Arts Center
E25th St. Between Lexington & 3rd Ave.

6:00 pm Reception
7:00 pm Screening
afterwards: Q&A with the Filmmakers &
Christina Swarns of NAACP Legal Defense & Education Fund

On Nov. 9, under orders from the Supreme Court, the U.S. 3rd Circuit Court of Appeals will reconsider reinstating Mumia Abu-Jamal's death sentence. Mumia might still be executed.

"Justice on Trial" a new documentary by Big Noise Films lays out the facts of the case, looks at recently discovered photographs of the crime scene and speaks to both sides of the case in order to understand the ongoing controversy around the world's best-known death row inmate. In the process, the film looks at what this case says about the US criminal justice system and why it continues to mobilize millions of people, here in the US and internationally.

This is a film for people who need an update on the facts and for those who need an introduction to the case.

Come and bring your friends.

11/2 - ALBANY

JUSTICE ON TRIAL SHOWING


Tuesday, November 2 · 7:00pm - 9:00pm

The Social Justice Center
33 Central Ave.
Albany, NY

A BRAND NEW FILM about the case of death row political prisoner Mumia Abu-Jamal will be shown at the Social Justice Center on Nov. 2 and across the world. This film showing falls just days before a major hearing in Abu-Jamal's case on Nov. 9. The film will be followed by a brief discussion.

Albany Political Prisoner Support Committee

albanypoliticalprisonersupport@gmail.com
Office: 518.434.4037

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11/4 - OAKLAND


 Thursday, Nov. 4, 6:30 p.m., Black Dot Café, 1195 Pine St., West Oakland: Screening of the explosive new film ‘Justice On Trial: The Case of Mumia Abu-Jamal.’ Get ready for the court showdown Nov. 9 in Philly that could mean a new death sentence for Mumia by seeing this film, which points to new evidence of Mumia’s innocence. Presented by Minister of Information JR,blockreportradio@gmail.com.
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11/5 - PHILADELPHIA

Who is Mumia Abu Jamal and Why 11/09 is So Critical

International Concerned Family and Friends of Mumia Abu Jamal (ICFFMAJ) invites the community out to:

TEACH-IN/Informational Session

--Who is Mumia Abu Jamal?

--What are the facts surrounding his case?

--Why are we, on *11/9 demanding

“No Execution/No Life” for Mumia Abu Jamal?
(11/9, Third Circuit Court of Appeals, will be deciding whether Mumia Abu Jamal will be executed or remain in prison for the rest of his life)

--How can you get involved?

Q & A with Pam Africa

Come out to be informed, take important information back to your community, and organize on behalf of Mumia Abu Jamal!

Friday, November 5,  2010

6-8pm

A-Space

4722 Baltimore Ave, Philadelphia, PA 19143

WE MUST STAY THE HANDS OF THE EXECUTIONERS AND PRY OPEN THE PRISON GATES FOR MUMIA'S RELEASE.

www.freemumia.com

For more information, contact us, Iresha.Picot@gmail.com
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11/8 - PHILADELPHIA DEBATE!!


THE FREE MUMIA ABU-JAMAL COALITION NYC IS TRAVELING TO PHILLY FOR THIS DEBATE ... YES, THE NIGHT BEFORE THE US THIRD CIRCUIT COURT OF APPEALS WILL BE HOLDING HEARINGS ON WHETHER MUMIA SHOULD BE RESENTENCED TO EXECUTION OR BE GIVEN LIFE IN PRISON WITHOUT PAROLE! JOIN US FOR THIS HISTORIC EVENT IN PHILADELPHIA WHERE OUR BRILLIANT, STRONG, AND COMMITTED REPRESENTATIVES, ATTORNEY MICHAEL COARD AND PROFESSOR JOHANNA FERNANDEZ, WILL BE TAKING ON THE ENEMY -- PROSECUTOR SETH WILLIAMS AND FILM MAKER TIGRE HILL. CALL US FOR TICKETS AND TRAVEL ARRANGEMENTS. ONA MOVE!

Mon, Nov 8 2010, 6:30p.m. - 9:30p.m.

National Constitution Center - Kirby Auditorium - 6th & Arch, Philadelphia

While we would usually never ask people to shell out cash to see Tigre Hill's documercial "The Barrel of a Gun" financed by the Philadelphia FOP to promote their line on Mumia's case, this screening will be followed by a debate between Philadelphia District Attorney Seth Williams and attorney/activist Michael Coard as well as a debate between Hill and Professor Johanna Fernandez, producer of the new documentary Justice for Mumia.

We want as many supporters of Mumia Abu-Jamal in the hall who can make it to support Attorney Coard and to make sure the truth get's out.

Tigre Hill asserts the December 1981 shooting of Police Officer Daniel Faulkner was premeditated despite ample evidence to the contrary. The premise of Hill's film is a rehash of the same arguments used by Michael Smerconish and Maureen Faulkner in their book, and also the same theme raised in the sentencing phase of Mumia's 1982 hearing by the prosecutor which will be central to Mumia's appeals hearing before the Third Circuit Court on Tuesday, November 9.

Lynn Doyle, Emmy award winning host of the Comcast Network’s “It’s Your Call” will moderate the discussion.

This showing of “The Barrel of a Gun” and subsequent dialogue between Williams and Coard are purposely planned a day prior to the arguments before the U.S. Court of Appeals for the Third Circuit for a new sentence hearing for Mumia Abu-Jamal. On January 19, the U.S. Supreme Court vacated a federal appeals court ruling that threw out Abu-Jamal's death sentence because of a confusingly worded verdict instruction that arguably led the jury to a sentence of death over life in prison.

Let's pack the house with Mumia support! We have been able to purchase blocks of tickets at $13 each so we can make sure Mumia supporters are in the audience, and not just the FOP. If you want to purchase one of these tickets, please contact International Concerned Family and Friends of Mumia Abu-Jamal at 215-476-8812.
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11/9 - WORLDWIDE!


MUMIA ABU-JAMAL faces his likely last court hearing on November 9th, 2010, at the Third Circuit Federal Court of Appeals, in Philadelphia.  The US Supreme Court has already thrown out Mumia's last appeal against his kangaroo-court conviction before a racist judge in 1982.  Now, the Third Circuit is to decide between reinstatement of Mumia's death sentence, or life in prison without the possibility of parole.  These are the only two possible outcomes in the courts at this time.  We have no confidence in the corrupt, racist US court system!

We need mass actions, and labor actions, to say:  Mumia Is Innocent!  Free Mumia Now!  End the Racist Death Penalty!

EAST COAST -- PHILADELPHIA: 
Demonstrate to Free Mumia Now!  Come to the Third Circuit Court, 6th and Market, Philadelphia, at 12 Noon on Tuesday November 9th. (The hearing starts at 2 PM.)

EAST COAST -- NEW YORK CITY:  Get on the bus to Philadelphia!  Call the Mumia hotline at: 212 330-8029.  Leave a message to request a seat on the bus to Philadelphia.

BAY AREA -- OAKLAND:
  12 Noon on Tuesday November 9th: Come to 14th and Broadway in downtown Oakland.   Demonstrate to say: Mumia Is Innocent!  Free Mumia!  End the Racist Death Penalty!  Called by the Labor Action Committee To Free Mumia Abu-Jamal, and supported by Campaign To End The Death Penalty, Mobilization To Free Mumia, Revolution Books of Berkeley, and Peoples Radio (partial list -- call to endorse). 510 763-2347.

BAY AREA -- SAN FRANCISCO:  7 PM on Tuesday November 9th:  Come to Centro del Pueblo, 474 Valencia St.  The new film, JUSTICE ON TRIAL, the Case of Mumia Abu-Jamal, will be screened.  Hans Bennett of Abu-Jamal News, and other speakers.  Donation.  Called by the Mobilization To Free Mumia Abu-Jamal.  Info: 510 268-9429. 
***
HAMBURG - The following rally for Mumia has been called for November 9, 2010, 5:30 p.m.,
Hamburg-america-center Entwicklungsgesellschaft mbH & Co. KG, Am
Sandtorkai 48, 20457 Hamburg.  The rally is endorsed by the International Bolshevik Tendency  and the
Antikrisen-Bündnis Hamburg.



LONDON -

DEMONSTRATE
Outside the
US EMBASSY
24 GROSVENOR SQ
LONDON W1
NOVEMBER 9th  5-7PM

FOR FREEDOM FOR MUMIA
Mumia’s case returns to court on the 9th November 2010 at stake is whether he will be

Murdered by the State or
Granted a new jury trial
Mumia is innocent
He is a political prisoner
Mumia should be released unconditionally immediately

FREE MUMIA  FREE MUMIA  FREE MUMIA

FREE ALL POLITICAL PRISONERS NOW
BRING FLASHLIGHTS
Contact:ThePanAfrikanVoice@gmail.com 07597078221/07949738851
***
The French National Collective just announced that there will be demonstrations
on November 9 at the US Consulates in the following cities:  PARIS, BORDEAUX,
LYON, MARSEILLE, NICE, RENNES, STRASOURG, AND TOULOUSE!!!

***
TORONTO - U.S. Consulate—- 360 University Avenue (between Dundas and Queen)
At a meeting on Wednesday 27 October representatives of a number of organizations met and formed a committee to organize a united front demonstration for Mumia Abu-Jamal on 9 November.

The following organizations have endorsed the demonstration to date: Angola 3 Support Committee, Black Action Defense Committee, Fightback, Ginger Project, International Bolshevik Tendency, OPIRG (UofT), Socialist Action, Socialist Alternative, Toronto Young New Democrats.*

*Other endorsements are expected, and all defenders of Mumia are welcome.

Tuesday, November 9th, 6 pm
U.S. Consulate—- 360 University Avenue (between Dundas and Queen)
TORONTO

Free Mumia!  Abolish the Racist Death Penalty!
==================================

URGENT UPDATES - STAY TUNED - CHECK OUT WWW.FREEMUMIA.COM REGULARLY
MOBILIZE NOW FOR NOVEMBER 9TH IN PHILADELPHIA!
RALLY AT 12 NOON AT 6TH AND MARKET STS.
MUMIA'S HEARING IS AT 2PM AT 601 N. MARKET ST. AND THE STREETS MUST BE
PACKED WITH SUPPORTERS!!

D.A. SETH WILLIAMS STATED VERY CLEARLY THAT WHEN THE TIME COMES, HE WILL DEFINITELY ASK FOR THE DEATH SENTENCE FOR MUMIA.

THAT TIME IS HERE -- NOVEMBER 9!

We have very few days to do what is necessary to bring thousands of people to the streets of Philly.  People must begin organizing NOW to get there -- schools, colleges, labor unions, churches, mosques, temples and every group and individual that can be reached.

As part of the organizing efforts, Johanna Fernandez is working to get her brilliiant film "Justice on Trial,' which premiered the same day as the FOP propaganda hit piece on Mumia, shown in colleges and by organizers everywhere so that people can understand the importance of being in Philadelphia on November 9. 

CONTACT JOHANNA AT johanna.fernandez@baruch.cuny.edu ASAP!

WE NEED ORGANIZING ON A MASSIVE LEVEL, ALL HANDS PULLING TOGETHER!

DARBY TILLIS AND LAWRENCE HAYES, DEATH ROW EXONEREES were present on
October 9 and are organizing within the anti-death penalty movement to educate them as to
what is really going on with Mumia and to try and get as many exonerees as possible to
Philadelphia on NOVEMBER 9, along with DR. SANDY JONES, who also presented at the
program. 
  • THE UNIA HELPED ORGANIZE TO GET PEOPLE THERE
  • THE IAC HELPED ORGANIZE TO GET PEOPLE THERE
  • THE JERICHO MOVEMENT HELPED ORGANIZE TO GET PEOPLE THERE
  • HAKIM FROM CHANNEL LIVE OUT OF NEW YORK IS HELPING ORGANIZE THE HIP HOP GENERATION TO GET ON BOARD
  • ORGANIZERS IN FRANCE AND LONDON WERE THERE ON OCTOBER 9TH AND ARE ORGANIZING TO RETURN ON NOVEMBER 9TH
... AND THAT'S JUST TO NAME A FEW, SO EACH AND EVERYBODY CAN DO EVERYTHING THAT THEY CAN DO!
  • CALL-IN ON RADIO STATIONS!
  • CALL D.A. SETH WILLIAMS' OFFICE AT 215-686-8000 AND TELL HIM HANDS OFF MUMIA!!
  • CALL/FAX/E-MAIL THE NEWS MEDIA ABOUT THE NEW EVIDENCE W/THE PICTURES (see http://www.freemumia.com)