By Linn Washington, Jr.
September 11, 2008
In presenting a compelling examination of the plight of death row journalist Mumia Abu-Jamal the documentary “In Prison My Whole Life” also probes one of the deeper contradictions of America: persistent suppression of dissent.
For a nation that extols the provisions of the First Amendment, politicians and police have histories of running roughshod over the rights of citizens to exercise their constitutional freedoms of speech, assembly and presenting grievances to government.
The recent actions against peaceful demonstrators and non-mainstream journalists by federal and local law enforcement personnel during the Republican National Convention in St Paul, Minnesota is yet another example of suppression of dissent.
Amnesty International is among the organizations condemning the assaults and arrests at the Republican Convention, terming that use of force and mass arrests excessive.
Amnesty International has officially endorsed “In Prison My Whole Life” – the first time this respected human rights organization ever placed its imprimatur on a film.
This well received documentary that premiered simultaneously last October 25th at the London and Rome Film Festivals focuses on the journey of one young man – William Francome – to discover more about the death row inmate arrested on the day he was born.
Francome’s birthday is December 9, 1981 – the day Abu-Jamal was arrested for murdering of a Philadelphia policeman. Francome’s American-born mother followed the Abu-Jamal case, reminding her son on each of his birthdays about the man languishing on death-row for a conviction based on what the AI report determined was a grossly unfair trial.
The film follows Francome across America from New York City to California’s Bay Area in his journey to discover more about the Abu-Jamal case and related issues like racism, class prejudice and suppression of dissent.
“In Prison My Whole Life” will have two screening in New York City at the Urbanworld Film Festival – on Thursday 9/11 and Saturday 9/13. Additionally, a screening is set for 9/26 at the CR10 Conference in Oakland, California.
The only previous US screening of this documentary occurred this past January during the Sundance Film Festival.
In 2000, Amnesty International authored the comprehensive yet concise report on the Abu-Jamal case that presented a unique examination of unethical and suspect conduct by the Pa Supreme Court in this controversial case – newsworthy material that the US news media buried.
Only two American daily newspapers carried articles on that news-laden AI report according to the NEXUS newspaper database and both of those articles were ‘news briefs.’ The news brief on the AI report published by the Philadelphia Inquirer in Abu-Jamal’s hometown was the fifth of six items in the B Section, listed below reporting on two non-fatal shootings, a small nightclub fire and a proposal to ban cell phone use while driving.
The Abu-Jamal case is fraught with suppression of dissent.
Incidents of suppression include the well publicized 1994 action by police and politicians forcing NPR to cancel airing prison commentaries by the award-winning journalist, the little known 2000 federal imprisonment of a leading Abu-Jamal activist for speaking at an anti-death penalty rally during the GOP national convention held that year in Philadelphia and 2007 strong-arming by Philadelphia’s police union to block a pro-Abu-Jamal program.
Francome’s “In Prison My Whole Life” interviews include Noam Chomsky, Angela Davis, Mos Def, Snoop Dog and Alice Walker – famed persons who’ve endured violations of their First Amendment rights.
This documentary also presents the first film interview with Abu-Jamal’s brother, Billy Cook. The slain officer’s beating of Cook during a traffic stop allegedly triggered the shooting. Cook shows a head scar he still carries from that beating. Cook also confirms the presence of his close friend long suspected by some as the person who fatally shot the officer.
Producers for the documentary are acclaimed British actor Colin Firth and his wife Livia Giuggioli who enlisted renowned director Marc Evans.
Producer Livia Giuggioli, during a recent interview with Hans Bennett, said intense passions displayed by advocates and enemies of Abu-Jamal is one of the things that interested them about pursuing this project.
“This is what really fascinated us all when we started to approach the subject and research,” said Giuggioli who lives in London.
“If you detach everything from this “figure” you just find a man who has been a victim of politics more than anything else,” Giuggioli noted echoing a conclusion of the 2000 AI report that politics had polluted judicial rulings in the Abu-Jamal case.
“In Prison” presents extraordinary evidence pointing to Abu-Jamal’s innocence inclusive of crime scene photographs discovered in 2006 that contradict core elements of the prosecution’s case against the man whose written five books while on death row.
The photos, for example, show no bullet marks in the sidewalk where prosecutors declared Abu-Jamal shot into the sidewalk around the fallen officer three times before shooting him once in the face. The photos show no cab behind the officer’s squad car where prosecutors told jurors a cab driver observed the murder. Additionally, the photos show police tampering with evidence at the crime scene.
A consultant for the documentary, German professor Dr. Michael Schiffmann, located these photos shot by a Philadelphia news photographer who arrived at the shooting scene minutes after the crime.
Schiffmann published the 2006 book “Race Against Death” one of the two most thorough examinations of the Abu-Jamal case. The other book is “Killing Time” by Philadelphia-area investigative reporter Dave Lindorff. Both Schiffmann and Lindorff have “In Prison” appearances, walking Francome through various aspects of the Abu-Jamal case in Philadelphia.
“Hopefully the film will help people to think and realize that maybe there is more to the story,” Giuggioli said. “Until there is a proper new trial – Mumia is just a man who has been sitting in solitary confinement for 27-years and it is a disgrace.”
The Abu-Jamal case is presently heading for an appeal to the US Supreme Court after the federal Third Circuit Court of Appeals earlier this year rejected a request for a new hearing, principally on the issue of racial discrimination during the selection of the jury at Abu-Jamal’s 1982 trial.
That Third Circuit ruling created new standards for jury discrimination appeals that are more stringent than standards established by the US Supreme Court. That 2000 Amnesty International report faulted courts for improperly creating new legal standards to deny justice to Abu-Jamal.
Linn Washington Jr. is a Philadelphia journalist who’s followed the Abu-Jamal case since 1981. Washington appears briefly in the “In Prison” documentary talking about police brutality in Philadelphia.
Thursday, September 11, 2008
Sunday, September 07, 2008
Benefit Birthday Bash for Leonard Peltier
From the Free Mumia Coalition NYC:Join Friends of Leonard at the Brecht Forum on September 12 to celebrate his birthday!
We have it from a good source that Leonard will attempt to phone in during the festivities.
Food, cake, ice cream, t-shirt designs*, and fun with friends.
Friday Sept. 12, 7-10 pm
The Brecht Forum
451 West Street (between Bank & Bethune Streets)
*Bring your own t-shirt (not the one you are wearing!) to paint on
Saturday, September 06, 2008
Save December 6th for an International Day of Solidarity with Mumia!
Save December 6th for an International Day of Solidarity with Mumia!
"I see no reason why we should not afford Abu-Jamal the courtesy of our precedents. Why we pick this case to depart from that reasoning I do not know."
- Judge Thomas Ambro
Once again the courts have ignored and changed precedents to illegally continue the imprisonment of Mumia Abu-Jamal. In July the 3rd Circuit Court of Appeals ruled against three issues that could have led to a new trial. One of the three judges on the panel, Judge Thomas Ambro, dissented against one of the rulings pointint out that it ignores precedent.
Other than the US Supreme Court this was the last appeal to have his conviction overturned. Without an outpouring of public protest, Mumia will either be executed or will spend life in prison without the possibility of parole.
International Day of Action on December 6th!
(December 9th marks 27 years of unjust imprisonment).
Save the date! Mass action in Philly on December 6th!
There will be actions in cities internationlly. Email icffmaj@aol.com and join the list serv to find out how to become involved.
International Concerned Family and Friends of Mumia Abu-Jamal
www.freemumia.com 215.476.8812 icffmaj@aol.com
Free Mumia Abu-Jamal Coalition, NYC
P.O. Box 16, College Station, New York, NY 10030
212.330.8029 info@freemumia.com
"I see no reason why we should not afford Abu-Jamal the courtesy of our precedents. Why we pick this case to depart from that reasoning I do not know."
- Judge Thomas Ambro
Once again the courts have ignored and changed precedents to illegally continue the imprisonment of Mumia Abu-Jamal. In July the 3rd Circuit Court of Appeals ruled against three issues that could have led to a new trial. One of the three judges on the panel, Judge Thomas Ambro, dissented against one of the rulings pointint out that it ignores precedent.
Other than the US Supreme Court this was the last appeal to have his conviction overturned. Without an outpouring of public protest, Mumia will either be executed or will spend life in prison without the possibility of parole.
International Day of Action on December 6th!
(December 9th marks 27 years of unjust imprisonment).
Save the date! Mass action in Philly on December 6th!
There will be actions in cities internationlly. Email icffmaj@aol.com and join the list serv to find out how to become involved.
International Concerned Family and Friends of Mumia Abu-Jamal
www.freemumia.com 215.476.8812 icffmaj@aol.com
Free Mumia Abu-Jamal Coalition, NYC
P.O. Box 16, College Station, New York, NY 10030
212.330.8029 info@freemumia.com
Friday, September 05, 2008
Mumia Prepares new appeal
From InterPress Service:
RIGHTS-US: Death Row Activist Prepares New Appeal
http://www.ipsnews.net/news.asp?idnews=43773
By Adrianne Appel
BOSTON, Sep 3 (IPS) - Mumia Abu-Jamal rallied thousands of protesters in the U.S. city of Denver last week who were calling for the release of U.S. political prisoners.
In a recorded message for the crowds protesting outside the Democratic National Convention, journalist Abu-Jamal attacked U.S. foreign policy, the protection of "foreign despots" and war for "foreign pipelines".
Abu-Jamal made the recording from his death row prison cell at a time when his 26-year battle for freedom has reached a critical point.
He and his lawyer are preparing to take his case to the U.S. Supreme Court to ask it to rule on whether the lower courts have denied him justice because of racial bias.
The decision to go to the Supreme Court was taken after a federal appeals court in Philadelphia in July refused to reconsider an application for a new trial about his guilt or innocence, Robert R. Bryan, the head of Abu-Jamal's legal team, told IPS.
The application was first turned down by the appeals court last March.
Abu-Jamal, a journalist and political activist, was sentenced to death 26 years ago after being convicted of shooting dead a white Philadelphia police officer in 1981.
His case has been taken up by rights activists in the U.S. and abroad who have contested much of the evidence that was presented to secure his conviction. Abu-Jamal has always maintained his innocence.
"Racism continues to raise its ugly head in this country, and should have no place in our legal system," Bryan said after the appeal court's decision.
"Bigotry lingers [on] today in Philadelphia. It would be naive not to realise that this case continues to reek of politics and injustice."
"In America... people often go to the death chamber because of the incompetence of their lawyers," Bryan said.
"The indisputable facts are that the prosecutor [in the 1982 trial] engaged in racism in selecting the jury in this case," Bryan said. "We will not rest until Mumia is free."
Abu Jamal's Supreme Court petition will focus on a number of issues, including that black jurors were intentionally excluded from his [1982] trial. Studies have shown that white jurors are more ready to pass death sentences than jurors of colour.
It is uncertain whether the court will agree to hear the case, since only between 1 and 2 percent of petitions are heard each year.
But because the three appeal court judges were split two to one on the issue of racism in the jury selection, the Supreme Court might be more likely to hear the case to resolve the differences of opinion.
A Supreme Court ruling in favour of Abu-Jamal would mean that the appeals court would have to reconsider his request for a new trial about his guilt or innocence.
At the same time that the appeals court turned down Abu-Jamals's request for a new trial, it ruled that he deserved a trial limited to determining whether his sentence should be changed from death to life without the possibility of parole.
This appeals court ruling removed the immediate threat that Abu-Jamal will be executed, but it could be overturned.
Bryan is not satisfied with the narrow ruling of the appeals court. He wants a re-trial to prove Abu-Jamal's innocence.
The prosecution is also unhappy and is likely to file its own petition to the Supreme Court, asking it to overturn the appeals court ruling and order Abu-Jamal's sentence remains as death.
In an interview with IPS, Philadelphia district attorney Hugh Burns, the chief prosecutor, said he had not yet made a decision whether to petition the Supreme Court to send Abu-Jamal back to death row to await execution.
Burns said he was confident that racial bias had not influenced Abu-Jamal's original trial. He said it was "not possible" that significant errors had occurred during the trial.
If the Supreme Court refused to hear Abu-Jamal's appeal and agreed to the prosecution's request to reinstate the death penalty, the execution clock would start ticking again, Bryan said.
"Mumia remains very much on death row because this is still under review."
Mark Taylor, a coordinator of Educators for Mumia Abu-Jamal and professor of theology and culture at Princeton Theological Institute, said the Abu-Jamal case was a potential embarrassment to important state officials.
The Pennsylvania governor, Ed Rendell, who would order the death warrant for Abu Jamal's execution, was a former chief prosecutor on the case. Ronald Castille, chief justice on the Pennsylvania Supreme Court, is a former prosecutor who worked to keep Abu-Jamal in prison. He did not remove himself when the state Supreme Court ruled on Abu-Jamal's case in February.
Taylor said his organisation would continue to hold workshops and teach-ins to keep the public informed and rally support for Abu-Jamal's release.
"We have to continue doing what we have been doing, educating the public about the details of the case and its significance to issues like the death penalty in America, and racism and police brutality and prisons," he said.
RIGHTS-US: Death Row Activist Prepares New Appeal
http://www.ipsnews.net/news.asp?idnews=43773
By Adrianne Appel
BOSTON, Sep 3 (IPS) - Mumia Abu-Jamal rallied thousands of protesters in the U.S. city of Denver last week who were calling for the release of U.S. political prisoners.
In a recorded message for the crowds protesting outside the Democratic National Convention, journalist Abu-Jamal attacked U.S. foreign policy, the protection of "foreign despots" and war for "foreign pipelines".
Abu-Jamal made the recording from his death row prison cell at a time when his 26-year battle for freedom has reached a critical point.
He and his lawyer are preparing to take his case to the U.S. Supreme Court to ask it to rule on whether the lower courts have denied him justice because of racial bias.
The decision to go to the Supreme Court was taken after a federal appeals court in Philadelphia in July refused to reconsider an application for a new trial about his guilt or innocence, Robert R. Bryan, the head of Abu-Jamal's legal team, told IPS.
The application was first turned down by the appeals court last March.
Abu-Jamal, a journalist and political activist, was sentenced to death 26 years ago after being convicted of shooting dead a white Philadelphia police officer in 1981.
His case has been taken up by rights activists in the U.S. and abroad who have contested much of the evidence that was presented to secure his conviction. Abu-Jamal has always maintained his innocence.
"Racism continues to raise its ugly head in this country, and should have no place in our legal system," Bryan said after the appeal court's decision.
"Bigotry lingers [on] today in Philadelphia. It would be naive not to realise that this case continues to reek of politics and injustice."
"In America... people often go to the death chamber because of the incompetence of their lawyers," Bryan said.
"The indisputable facts are that the prosecutor [in the 1982 trial] engaged in racism in selecting the jury in this case," Bryan said. "We will not rest until Mumia is free."
Abu Jamal's Supreme Court petition will focus on a number of issues, including that black jurors were intentionally excluded from his [1982] trial. Studies have shown that white jurors are more ready to pass death sentences than jurors of colour.
It is uncertain whether the court will agree to hear the case, since only between 1 and 2 percent of petitions are heard each year.
But because the three appeal court judges were split two to one on the issue of racism in the jury selection, the Supreme Court might be more likely to hear the case to resolve the differences of opinion.
A Supreme Court ruling in favour of Abu-Jamal would mean that the appeals court would have to reconsider his request for a new trial about his guilt or innocence.
At the same time that the appeals court turned down Abu-Jamals's request for a new trial, it ruled that he deserved a trial limited to determining whether his sentence should be changed from death to life without the possibility of parole.
This appeals court ruling removed the immediate threat that Abu-Jamal will be executed, but it could be overturned.
Bryan is not satisfied with the narrow ruling of the appeals court. He wants a re-trial to prove Abu-Jamal's innocence.
The prosecution is also unhappy and is likely to file its own petition to the Supreme Court, asking it to overturn the appeals court ruling and order Abu-Jamal's sentence remains as death.
In an interview with IPS, Philadelphia district attorney Hugh Burns, the chief prosecutor, said he had not yet made a decision whether to petition the Supreme Court to send Abu-Jamal back to death row to await execution.
Burns said he was confident that racial bias had not influenced Abu-Jamal's original trial. He said it was "not possible" that significant errors had occurred during the trial.
If the Supreme Court refused to hear Abu-Jamal's appeal and agreed to the prosecution's request to reinstate the death penalty, the execution clock would start ticking again, Bryan said.
"Mumia remains very much on death row because this is still under review."
Mark Taylor, a coordinator of Educators for Mumia Abu-Jamal and professor of theology and culture at Princeton Theological Institute, said the Abu-Jamal case was a potential embarrassment to important state officials.
The Pennsylvania governor, Ed Rendell, who would order the death warrant for Abu Jamal's execution, was a former chief prosecutor on the case. Ronald Castille, chief justice on the Pennsylvania Supreme Court, is a former prosecutor who worked to keep Abu-Jamal in prison. He did not remove himself when the state Supreme Court ruled on Abu-Jamal's case in February.
Taylor said his organisation would continue to hold workshops and teach-ins to keep the public informed and rally support for Abu-Jamal's release.
"We have to continue doing what we have been doing, educating the public about the details of the case and its significance to issues like the death penalty in America, and racism and police brutality and prisons," he said.
Tuesday, September 02, 2008
PACK the Courtroom for Rebel Diaz this Wednesday!
THE FREE MUMIA ABU-JAMAL COALITION AND INTERNATIONAL CONCERNED FAMILY AND FRIENDS OF MUMIA ABU-JAMAL STRONGLY URGE ALL WHO CAN TO ATTEND THE COURT HEARING FOR BROTHERS G1 AND RODSTARZ OF REBEL DIAZ, WHO WERE BRUTALLY ASSAULTED BY THE POLICE IN JUNE, WHILE THEY WERE QUESTIONING THE POLICE'S HARASSMENT OF A NON-ENGLISH SPEAKING IMMIGRANT STREET VENDOR. THE BROTHERS RECENTLY PERFORMED IN PHILADELPHIA ON JULY 4TH, IN SOLIDARITY WITH MUMIA, ONLY ADDING TO THEIR LONG LIST OF PERFORMANCES IN WHICH THEY ALWAYS MAKE CLEAR "WHICH SIDE" THEY ARE ON.
--------------------------------
This Wednesday September 3rd:
Support G1 and Rodstardz of Rebel Diaz
take a stand against police brutality and come out on
Wednesday September 3rd at 9 a.m.
Part MCP (Room 2-11C -
look them up under Venegas
Pack the
court room of the Bronx Criminal Court House
on 215 E. 161st St.
Bronx New York
Thank you
--------------------------------
This Wednesday September 3rd:
Support G1 and Rodstardz of Rebel Diaz
take a stand against police brutality and come out on
Wednesday September 3rd at 9 a.m.
Part MCP (Room 2-11C -
look them up under Venegas
Pack the
court room of the Bronx Criminal Court House
on 215 E. 161st St.
Bronx New York
Thank you
FILM ON MUMIA FEAT. MOS DEF, SNOOP DOG, ANGELA DAVIS AND OTHERS SCREENING IN NYC
In Prison My Whole Life, a new documentary on the case of Mumia, featuring:
Mumia, Mos Def, Alice Walker, Snoop Dog, Angela Davis, Amy Goodman, Noam Chomsky and MANY MORE!
will be screening in NYC this month of September.
Screening 1:
Thursday, Sept 11, 1:45pm
AMC Loews 34th St, Theatre # 11
Screening 2 (spotlight):
Saturday, Sept 13, 6:15pm
AMC Loews 34th St, Theatre # 9
Mumia, Mos Def, Alice Walker, Snoop Dog, Angela Davis, Amy Goodman, Noam Chomsky and MANY MORE!
will be screening in NYC this month of September.
Screening 1:
Thursday, Sept 11, 1:45pm
AMC Loews 34th St, Theatre # 11
Screening 2 (spotlight):
Saturday, Sept 13, 6:15pm
AMC Loews 34th St, Theatre # 9
LONG LIVE BROTHER BASHIR HAMID! LONG LIVE REVOLUTION!
It is with great sadness that we join the different organizations that have paid tribute to Brother Bashir Hameed who made his transition this past Saturday night, August 29th. Some of us first met Bashir in these last months of his life and were moved by his spiritual strength, intellectual clarity, and love for his family and people. We had hoped that the video that Bashir so wanted to do would be approved by the Department of Corrections before he passed, but that was not to happen.
Bashir's history as a militant activist in the Black Panther Party parallels so many of the other histories of our political prisoners of African descent. Born in New Jersey, after confronting the racism of the colleges he attended and that of the US Army, he moved to the Bay Area and in his own words "fell in love with the Black Panther Party". Later, he was sent back to New Jersey to try to rebuild the BPP which had already been decimated by the US government and local police. Within two years, he was either in jail or facing imprisonment for up to 20 years, all for doing regular BPP work, distribution of the party newspaper, the breakfast program, and political education. He ended up spending four years in Trenton State Prison and upon release was immediately again targeted. The Queens 2 case, which included Abdul Majid and himself, involved the alleged killing of two policemen in Queens. Their first trial ended in a hung jury, the second was declared a mistrial with 8 to 4 for "not guilty", and the last involved very questionable witnesses and finally led to the conviction the state wanted, and a sentence of 30+ years to life, with the recommendation that Bashir and Abdul never be paroled.
We say to Bashir's family, to his wife, and to all those who loved and admired him, that Bashir will not be forgotten. Just this past Sunday, at the Malcolm X Grassroots Movement hip hop concert, hundreds of young people learned about who Bashir is, were very moved by Brother Dhoruba's tribute to him, and cheered with great respect as each hip hop artist began his/ her performance with an individual dedication to Bashir. Would that Bashir had heard this in his lifetime, but he knew he would be remembered, and showed that confidence in his last days. Revolutionaries never die!
We extend our condolences to Bashir's devoted mother, Mrs. York, to his son, his sister, his niece (who became a doctor with the encouragement and prodding of her incarcerated uncle and who monitored his medical care in the last years of his life when he faced several serious medical conditions), and to his wife, Florence, who left her home in Texas to spend these last months by her husband's side.
In loving revolutionary memory,
International Concerned Family and Friends of Mumia Abu-Jamal
Free Mumia Abu-Jamal Coalition (NYC)
Bashir's history as a militant activist in the Black Panther Party parallels so many of the other histories of our political prisoners of African descent. Born in New Jersey, after confronting the racism of the colleges he attended and that of the US Army, he moved to the Bay Area and in his own words "fell in love with the Black Panther Party". Later, he was sent back to New Jersey to try to rebuild the BPP which had already been decimated by the US government and local police. Within two years, he was either in jail or facing imprisonment for up to 20 years, all for doing regular BPP work, distribution of the party newspaper, the breakfast program, and political education. He ended up spending four years in Trenton State Prison and upon release was immediately again targeted. The Queens 2 case, which included Abdul Majid and himself, involved the alleged killing of two policemen in Queens. Their first trial ended in a hung jury, the second was declared a mistrial with 8 to 4 for "not guilty", and the last involved very questionable witnesses and finally led to the conviction the state wanted, and a sentence of 30+ years to life, with the recommendation that Bashir and Abdul never be paroled.
We say to Bashir's family, to his wife, and to all those who loved and admired him, that Bashir will not be forgotten. Just this past Sunday, at the Malcolm X Grassroots Movement hip hop concert, hundreds of young people learned about who Bashir is, were very moved by Brother Dhoruba's tribute to him, and cheered with great respect as each hip hop artist began his/ her performance with an individual dedication to Bashir. Would that Bashir had heard this in his lifetime, but he knew he would be remembered, and showed that confidence in his last days. Revolutionaries never die!
We extend our condolences to Bashir's devoted mother, Mrs. York, to his son, his sister, his niece (who became a doctor with the encouragement and prodding of her incarcerated uncle and who monitored his medical care in the last years of his life when he faced several serious medical conditions), and to his wife, Florence, who left her home in Texas to spend these last months by her husband's side.
In loving revolutionary memory,
International Concerned Family and Friends of Mumia Abu-Jamal
Free Mumia Abu-Jamal Coalition (NYC)
Sunday, August 31, 2008
Bro. Bashir Hameed is now among the ancestors
via: Queen Sis. Iyaluua Ferguson
-------------
The news of Bashir's passing is too sad for me to comprehend. It saddens me but it also angers me. We have said over and over again that the beast intends to only release our political prisoners in a pine box. And what is our response? We don't have yet a coordinated plan to bring about their release on our terms. We continue to be static, to treat gov. paterson with kid gloves, and to make speeches, but have no real plan for action. MalcolmX has told us that it is not sadness that will free us, but legitimate, heartfelt anger (and rage) that leads to action that will set us free.
I mourn the passing of my brother. My prayers and my heart go out to the Hameed family and particularly to Mrs. York, that very courageous woman who never stopped working for the release of her son. But my sympathy and condolences also go out to all of us who have lost a warrior, a brother in our struggle, who we cannot replace and who we are not yet able to redeem.
Bashir, I miss you. Jericho, we must not let his life be in vain. Please let us find a way to stop this genocide, this murder of our best and our bravest.
Iyaluua
Sunday 8/31
Dear Friends & Comrades;
I spoke with Florence this a.m. and she asked that all sympathy & condolence
cards be sent to the Hameed Family at 511 Winton Street, Philadelphia, PA 19148
Thank you
Paulette
-------------
The news of Bashir's passing is too sad for me to comprehend. It saddens me but it also angers me. We have said over and over again that the beast intends to only release our political prisoners in a pine box. And what is our response? We don't have yet a coordinated plan to bring about their release on our terms. We continue to be static, to treat gov. paterson with kid gloves, and to make speeches, but have no real plan for action. MalcolmX has told us that it is not sadness that will free us, but legitimate, heartfelt anger (and rage) that leads to action that will set us free.
I mourn the passing of my brother. My prayers and my heart go out to the Hameed family and particularly to Mrs. York, that very courageous woman who never stopped working for the release of her son. But my sympathy and condolences also go out to all of us who have lost a warrior, a brother in our struggle, who we cannot replace and who we are not yet able to redeem.
Bashir, I miss you. Jericho, we must not let his life be in vain. Please let us find a way to stop this genocide, this murder of our best and our bravest.
Iyaluua
Sunday 8/31
Dear Friends & Comrades;
I spoke with Florence this a.m. and she asked that all sympathy & condolence
cards be sent to the Hameed Family at 511 Winton Street, Philadelphia, PA 19148
Thank you
Paulette
Monday, August 25, 2008
Goddard IMA Commencement Speech by Alumni Mumia Abu-Jamal
By TaÃna Asili
This year's graduating class of the Individualized Master of Arts program at Goddard College proudly invited Mumia Abu-Jamal to be the keynote speaker of their commencement this past Sunday, August 10th 2008. It was a unanimous decision made by all of the graduates to invite Abu-Jamal, alumni of the college, to shed his wisdom and insight as a renowned journalist, freedom-fighter, and scholar.
Mumia Abu-Jamal first walked upon the grassy hills of Vermont's alternative college as a student working towards his BA in the 1970's. Unable to complete his degree work then, it was Goddard who he once again approached in the 1990's, yet this time as a U.S. political prisoner. He chose Goddard because, "Goddard was ahead of the curve, transforming individuals and their respective communities by expanding the realm of knowledge based on the fundamental principles of democracy."
It was during this work that he met his adviser and ally, Margo MacLeod, who guided Abu-Jamal through the difficult process of completing his BA degree from behind prison walls. Years later, MacLeod became the founder and Program Director of the IMA program, which these graduates have just completed, helping to support a unique form of education for hundreds of students, just as she had for Abu-Jamal. It is for this reason MacLeod, who is no longer working at the college as of this year, was chosen by the graduates to introduce Abu-Jamal during their commencement. In her introduction MacLeod shares, "It seems to me that Mumia has achieved the kind of integration of body, mind, and spirit that we strive for within this program, and that each graduate today has achieved in some measure in their work."
Following MacLeod's introduction, Abu-Jamal's voice rang strong through two large speakers facing the audience, a packed house of eleven graduates, their family members, fellow students and college faculty. Some graduates had worried that not having his physical body present might create a vacant atmosphere. However, this fear was dispelled, as evidenced by the resounding standing ovation following his speech by a great majority of those in attendance.
During this passionate speech Abu-Jamal shared his fond feelings towards the college, and his appreciation for what he termed "one of the finest and most unique colleges in the country." He also warned the graduates, "You leave Goddard at a time when the nation and the world faces serious challenges, as do indeed you all. What the nation needs, and indeed what the world needs as well, is new clear thinking about the challenges facing us." Later adding, "But as Goddard grads you are all fully equipped with the ability to think, a faculty I might add not much in evidence in our national political life I'm afraid. But this ability when used critically and flexibly may yet result in finding sane, humane solutions to our problems."
Read more
This year's graduating class of the Individualized Master of Arts program at Goddard College proudly invited Mumia Abu-Jamal to be the keynote speaker of their commencement this past Sunday, August 10th 2008. It was a unanimous decision made by all of the graduates to invite Abu-Jamal, alumni of the college, to shed his wisdom and insight as a renowned journalist, freedom-fighter, and scholar.
Mumia Abu-Jamal first walked upon the grassy hills of Vermont's alternative college as a student working towards his BA in the 1970's. Unable to complete his degree work then, it was Goddard who he once again approached in the 1990's, yet this time as a U.S. political prisoner. He chose Goddard because, "Goddard was ahead of the curve, transforming individuals and their respective communities by expanding the realm of knowledge based on the fundamental principles of democracy."
It was during this work that he met his adviser and ally, Margo MacLeod, who guided Abu-Jamal through the difficult process of completing his BA degree from behind prison walls. Years later, MacLeod became the founder and Program Director of the IMA program, which these graduates have just completed, helping to support a unique form of education for hundreds of students, just as she had for Abu-Jamal. It is for this reason MacLeod, who is no longer working at the college as of this year, was chosen by the graduates to introduce Abu-Jamal during their commencement. In her introduction MacLeod shares, "It seems to me that Mumia has achieved the kind of integration of body, mind, and spirit that we strive for within this program, and that each graduate today has achieved in some measure in their work."
Following MacLeod's introduction, Abu-Jamal's voice rang strong through two large speakers facing the audience, a packed house of eleven graduates, their family members, fellow students and college faculty. Some graduates had worried that not having his physical body present might create a vacant atmosphere. However, this fear was dispelled, as evidenced by the resounding standing ovation following his speech by a great majority of those in attendance.
During this passionate speech Abu-Jamal shared his fond feelings towards the college, and his appreciation for what he termed "one of the finest and most unique colleges in the country." He also warned the graduates, "You leave Goddard at a time when the nation and the world faces serious challenges, as do indeed you all. What the nation needs, and indeed what the world needs as well, is new clear thinking about the challenges facing us." Later adding, "But as Goddard grads you are all fully equipped with the ability to think, a faculty I might add not much in evidence in our national political life I'm afraid. But this ability when used critically and flexibly may yet result in finding sane, humane solutions to our problems."
Read more
Thursday, August 21, 2008
Support Parole Transfers for Herman & Jalil
Contact Governors of NY & CA (SF-8 case)
Herman & Jalil are issuing this urgent message requesting friends and supporters to contact the Governors of New York and California to expedite the signing and execution of amended Executive Agreements, which will allow Judge Moscone to issue an order to return them both to NY State to attend their parole hearings.
In 2007, Herman and Jail were extradited from New York State to California to face charges in the SF8 case. Both were scheduled for parole hearings on their New York sentences in the spring of 2008. It would have been their third appearance before the board. Under a New York parole regulation, however, no hearing can be held unless they are physically present.
On May 18, 2008, SF Judge Moscone agreed with the consent of the state prosecutor and the SF County Sheriff to return them both to NY State for parole hearings--their legal right after more than 35 years of imprisonment.
On June 16th, Judge Moscone rescinded his May 18th order due to pressure from the CA Attorney General's office, and held the transfer in abeyance until new language was adopted to conform with the concerns of the Attorney General. The Attorney General's office has drafted an amended Executive Agreement which would allow the brothers to return to New York, although the Attorney General has refused to disclose the text of the amended agreement to the brothers or their attorneys. According to the Attorney General's office the amended Executive Agreements have been sent to California's Governor Arnold Schwarzenegger and New York's Governor Paterson to be signed.
Herman and Jalil have a liberty interest in returning to New York. If these brothers were granted parole, then it is likely that they would also be granted bail in the SF8 case. All other brothers in the SF8 case are out on bail despite the severity of the charges. The Attorney General's tactics to prevent Herman and Jalil from returning to New York to attend their parole hearings infringes upon the brothers right to liberty.
If parole hearings await the resolution of the SF8 charges, it could be another year or two before Herman and Jalil are given hearings.
Please contact the Governors of New York and California by phone, letter or email
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160
Email: http://gov.ca.gov/interact#email
David A. Paterson
State Capitol
Albany, NY 12224
518-474-8390
Email: http://161.11.121.121/govemail
Urge them to sign the amended Executive Agreements which will allow Herman Bell and Jalil Muntaqim (Anthony Bottom) to return to New York State to attend their rightful parole hearings.
Herman & Jalil are issuing this urgent message requesting friends and supporters to contact the Governors of New York and California to expedite the signing and execution of amended Executive Agreements, which will allow Judge Moscone to issue an order to return them both to NY State to attend their parole hearings.
In 2007, Herman and Jail were extradited from New York State to California to face charges in the SF8 case. Both were scheduled for parole hearings on their New York sentences in the spring of 2008. It would have been their third appearance before the board. Under a New York parole regulation, however, no hearing can be held unless they are physically present.
On May 18, 2008, SF Judge Moscone agreed with the consent of the state prosecutor and the SF County Sheriff to return them both to NY State for parole hearings--their legal right after more than 35 years of imprisonment.
On June 16th, Judge Moscone rescinded his May 18th order due to pressure from the CA Attorney General's office, and held the transfer in abeyance until new language was adopted to conform with the concerns of the Attorney General. The Attorney General's office has drafted an amended Executive Agreement which would allow the brothers to return to New York, although the Attorney General has refused to disclose the text of the amended agreement to the brothers or their attorneys. According to the Attorney General's office the amended Executive Agreements have been sent to California's Governor Arnold Schwarzenegger and New York's Governor Paterson to be signed.
Herman and Jalil have a liberty interest in returning to New York. If these brothers were granted parole, then it is likely that they would also be granted bail in the SF8 case. All other brothers in the SF8 case are out on bail despite the severity of the charges. The Attorney General's tactics to prevent Herman and Jalil from returning to New York to attend their parole hearings infringes upon the brothers right to liberty.
If parole hearings await the resolution of the SF8 charges, it could be another year or two before Herman and Jalil are given hearings.
Please contact the Governors of New York and California by phone, letter or email
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-558-3160
Email: http://gov.ca.gov/interact#email
David A. Paterson
State Capitol
Albany, NY 12224
518-474-8390
Email: http://161.11.121.121/govemail
Urge them to sign the amended Executive Agreements which will allow Herman Bell and Jalil Muntaqim (Anthony Bottom) to return to New York State to attend their rightful parole hearings.
Tuesday, August 19, 2008
Special Radio Interview with Mike Africa
The Free Mumia Abu-Jamal Coalition urges you to listen in on Thursday, August 21st from 8-9 pm to "Where We Live" on WBAI-FM Radio (99.5 FM or streaming live at www.wbai.org). Host Sally O'Brien will be interviewing Mike Africa of the MOVE organization about next week's film screening of "The Bombing of Osage Avenue."
This movie is about the horrific murder-by-bombing of 11 MOVE women, men and children and many animals by the very same Philadelphia establishment that's murderously intent on shutting up Mumia Abu-Jamal. "Collateral damage" encompassed more than a city block and a half of homes and shocked the world. The movie won the 1986 Academy Award for best documentary; Ramona Africa, the only adult survivor of the massacre, will be present. It is directed by Louis Massiah and narrated by Toni Cade Bambara -- and you can see it on Thursday, August 28th, at 7:30 pm at the Brecht Forum, 451 West Street (between Bank and Bethune Streets.)
Thursday, August 21 @ 8PM
"Where We Live" Hosted by Sally O'Brien
WBAI Radio 99.5-FM
(streaming live @ www.wbai.org)
For more info call the Mumia Coalition Hotline: 212 330-8029
This movie is about the horrific murder-by-bombing of 11 MOVE women, men and children and many animals by the very same Philadelphia establishment that's murderously intent on shutting up Mumia Abu-Jamal. "Collateral damage" encompassed more than a city block and a half of homes and shocked the world. The movie won the 1986 Academy Award for best documentary; Ramona Africa, the only adult survivor of the massacre, will be present. It is directed by Louis Massiah and narrated by Toni Cade Bambara -- and you can see it on Thursday, August 28th, at 7:30 pm at the Brecht Forum, 451 West Street (between Bank and Bethune Streets.)
Thursday, August 21 @ 8PM
"Where We Live" Hosted by Sally O'Brien
WBAI Radio 99.5-FM
(streaming live @ www.wbai.org)
For more info call the Mumia Coalition Hotline: 212 330-8029
Tuesday, July 29, 2008
Philadelphia Town Hall Saturday, August 9th at noon
Now is the time for all of us organizers in the people's movements to be the voice for Mumia, as he has been for all of us. Get the flyer out at all our demos, rallies, meetings, and send to your listservs. Pam Africa wants everybody to know that the court has tried to make it impossible for Mumia to ever be released from jail alive. Mumia is innocent and we want his freedom, not a life or death sentence.
Come to Philly on Saturday, August 9th, where we'll organize to free Mumia and to change the parole rules which have denied freedom to the innocent MOVE 9.
To reserve a seat on the bus from New York,
call 212/330-8029 or
email info@freemumia.com.
Download the flyer
Thursday, July 24, 2008
Wednesday, July 23, 2008
EMERGENCY MEETING THIS FRIDAY NIGHT, JULY 25th with Attorney Soffiyah Elijah
Given the bad news we just received regarding the Third Circuit's refusal to reconsider Mumia's appeal, and the limited legal options now open to him, we have decided to call this open meeting for all interested and able to come. We know it is very short notice but Attorney Soffiyah Elija, who is one of Mumia's attorneys at this stage of the proceedings and who just visited Mumia this past Monday, is only available this Friday.
So join us to better understand the legal situation and to plan our next steps of RESISTANCE!
PLACE: St. Mary's Church basement
521 West 126th Street
TIME: 6:30 PM
We will have very light refreshments. Feel free to bring food.
Hope to see you on Friday.
ONA MOVE!
The Free Mumia Abu-Jamal Coalition (NYC)
So join us to better understand the legal situation and to plan our next steps of RESISTANCE!
PLACE: St. Mary's Church basement
521 West 126th Street
TIME: 6:30 PM
We will have very light refreshments. Feel free to bring food.
Hope to see you on Friday.
ONA MOVE!
The Free Mumia Abu-Jamal Coalition (NYC)
Legal Update from Mumia's Attorney
July 22, 2008
From: Robert R. Bryan, lead counsel
Subject: Federal ruling regarding Mumia Abu-Jamal, death row, Pennsylvania
U.S. Court of Appeals for the Third Circuit, Philadelphia
Today our Petition for Rehearing and Rehearing En Banc, submitted on behalf of my client, Mumia Abu-Jamal, was denied by the U.S. Court of Appeals for the Third Circuit. Simply put, we did not receive the needed majority vote from the nine sitting judges; at least five votes for a rehearing were necessary. However, Justice Thomas L. Ambro continues to urge the granting of relief on the issue of racism in jury selection. That position, as detailed in his brilliant dissenting opinion of March 27, 2008, will continue to serve as a beacon of hope as we press on for a new trial and Mumia's freedom. Judge Ambro said 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." A copy of today's decision is attached.
Reaction Mumia and I had a legal conference this afternoon. He, as I, was stunned by the federal court's refusal to grant relief since it flies in the face of established legal precedent in both the U.S. Court of Appeals and the U.S. Supreme Court. I am furious because racism continues to raise its ugly head in this country, and should have no place in our legal system. The indisputable facts are that the prosecutor engaged in racism in selecting the jury in this case, and that bigotry lingers today in Philadelphia. It would be naive not to realize that this case continues to reek of politics and injustice.
U.S. Supreme Court We will be seeking relief in the Supreme Court. The Petition for Writ of Certiorari will be filed by October 20, 2008, unless there is an extension. The racism issue will be presented, along with the fact that the prosecutor made misrepresentations to the jury in order to obtain a murder conviction against Mumia.
Conclusion My goal remains a complete reversal of the conviction, even though the federal court has already granted a new jury trial on the question of the death penalty. We will not rest until Mumia is free.
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
*As to panel rehearing only.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 01-9014 & 02-9001
MUMIA ABU-JAMAL,
a/k/a WESLEY COOK
Mumia Abu-Jamal,
Appellant at No 02-9001
v.
MARTIN HORN,
PENNSYLVANIA DIRECTOR OF CORRECTIONS;
CONNER BLAINE, SUPERINTENDENT, SCI GREENE;
DISTRICT ATTORNEY FOR PHILADELPHIA COUNTY;
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Appellants at No. 01-9014
(D.C. Civ. No. 99-cv-5089)
SUR PETITION FOR REHEARING
Present: SCIRICA, Chief Judge,
SLOVITER, BARRY, AMBRO, FUENTES, SMITH,
CHAGARES, JORDAN, HARDIMAN and COWEN*, Circuit Judges.
The petition for rehearing filed by appellee/cross-appellant Mumia Abu-Jamal in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court en banc, is denied. Judge Ambro would grant rehearing en banc.
BY THE COURT,
/s/ Anthony J. Scirica
Chief Judge
Dated: July 22, 2008
CMD/cc: Robert R. Bryan, Esq.
Judith L. Ritter, Esq.
Hugh J. Burns, Jr., Esq.
Ronald Eisenberg, Esq.
Christina Swarns, Esq.
Jill Elijah, Esq.
From: Robert R. Bryan, lead counsel
Subject: Federal ruling regarding Mumia Abu-Jamal, death row, Pennsylvania
U.S. Court of Appeals for the Third Circuit, Philadelphia
Today our Petition for Rehearing and Rehearing En Banc, submitted on behalf of my client, Mumia Abu-Jamal, was denied by the U.S. Court of Appeals for the Third Circuit. Simply put, we did not receive the needed majority vote from the nine sitting judges; at least five votes for a rehearing were necessary. However, Justice Thomas L. Ambro continues to urge the granting of relief on the issue of racism in jury selection. That position, as detailed in his brilliant dissenting opinion of March 27, 2008, will continue to serve as a beacon of hope as we press on for a new trial and Mumia's freedom. Judge Ambro said 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." A copy of today's decision is attached.
Reaction Mumia and I had a legal conference this afternoon. He, as I, was stunned by the federal court's refusal to grant relief since it flies in the face of established legal precedent in both the U.S. Court of Appeals and the U.S. Supreme Court. I am furious because racism continues to raise its ugly head in this country, and should have no place in our legal system. The indisputable facts are that the prosecutor engaged in racism in selecting the jury in this case, and that bigotry lingers today in Philadelphia. It would be naive not to realize that this case continues to reek of politics and injustice.
U.S. Supreme Court We will be seeking relief in the Supreme Court. The Petition for Writ of Certiorari will be filed by October 20, 2008, unless there is an extension. The racism issue will be presented, along with the fact that the prosecutor made misrepresentations to the jury in order to obtain a murder conviction against Mumia.
Conclusion My goal remains a complete reversal of the conviction, even though the federal court has already granted a new jury trial on the question of the death penalty. We will not rest until Mumia is free.
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
*As to panel rehearing only.
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
Nos. 01-9014 & 02-9001
MUMIA ABU-JAMAL,
a/k/a WESLEY COOK
Mumia Abu-Jamal,
Appellant at No 02-9001
v.
MARTIN HORN,
PENNSYLVANIA DIRECTOR OF CORRECTIONS;
CONNER BLAINE, SUPERINTENDENT, SCI GREENE;
DISTRICT ATTORNEY FOR PHILADELPHIA COUNTY;
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Appellants at No. 01-9014
(D.C. Civ. No. 99-cv-5089)
SUR PETITION FOR REHEARING
Present: SCIRICA, Chief Judge,
SLOVITER, BARRY, AMBRO, FUENTES, SMITH,
CHAGARES, JORDAN, HARDIMAN and COWEN*, Circuit Judges.
The petition for rehearing filed by appellee/cross-appellant Mumia Abu-Jamal in the above-entitled case having been submitted to the judges who participated in the decision of this Court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular service not having voted for rehearing, the petition for rehearing by the panel and the Court en banc, is denied. Judge Ambro would grant rehearing en banc.
BY THE COURT,
/s/ Anthony J. Scirica
Chief Judge
Dated: July 22, 2008
CMD/cc: Robert R. Bryan, Esq.
Judith L. Ritter, Esq.
Hugh J. Burns, Jr., Esq.
Ronald Eisenberg, Esq.
Christina Swarns, Esq.
Jill Elijah, Esq.
Abu-Jamal loses latest appeal for new trial
By Emilie Lounsberry
Inquirer Staff Writer
Posted on Tue, Jul. 22, 2008:
A federal appeals court yesterday refused to reconsider the decision denying a new trial for Mumia Abu-Jamal in the 1981 murder of Philadelphia Police Officer Daniel Faulkner.
In a two-page decision, the U.S. Court of Appeals for the Third Circuit denied Abu-Jamal's request for a rehearing of his appeal in the controversial case, which has helped fuel an international debate about the death penalty.
Abu-Jamal's lawyer, Robert R. Bryan of San Francisco, said he planned to ask the U.S. Supreme Court to consider the case.
In March, a three-judge panel of the Third Circuit left intact Abu-Jamal's conviction but said a new jury should decide whether he deserved death or should be sentenced to life behind bars.
Deputy District Attorney Ronald Eisenberg said no decision had been made on whether his office would ask the high court to reinstate the death sentence.
Abu-Jamal and his lawyers contend that the panel should have ordered a hearing on their contention that prosecutors intentionally excluded blacks from his jury in violation of a later 1986 U.S. Supreme Court decision.
They noted that one of the panel members, Judge Thomas Ambro, wanted a hearing held on that issue, though he was in the minority on that issue.
All three members of the panel, which also included Chief Judge Anthony J. Scirica and Judge Robert E. Cowen, affirmed the December 2001 decision by U.S. District Judge William H. Yohn Jr., who threw out the death sentence.
Yohn concluded that the jury might have been confused by the trial judge's instructions and wording on the verdict form filled out when the jury decided on death.
He found that the jury might have mistakenly believed it had to agree unanimously on any mitigating circumstances - factors that might have persuaded the jury to decide on a life sentence, rather than death.
Abu-Jamal, 54, has been on death row since his 1982 conviction in the killing of Faulkner, who was shot to death near 13th and Locust Streets early on Dec. 9, 1981.
The Pennsylvania Supreme Court upheld his conviction and death sentence in 1989, and also rejected three other appeals.
Unless the nation's high court agrees to hear the case, Abu-Jamal most likely would face a new Philadelphia jury to decide only whether the penalty should be life or death. The high court hears only a tiny percentage of all petitions filed each year.
Contact staff writer Emilie Lounsberry at 215-854-4828 or elounsberry@phillynews.com
http://www.philly.com/inquirer/breaking/news_breaking/20080722_Abu-Jamal_loses_latest_appeal_for_new_trial.html
Inquirer Staff Writer
Posted on Tue, Jul. 22, 2008:
A federal appeals court yesterday refused to reconsider the decision denying a new trial for Mumia Abu-Jamal in the 1981 murder of Philadelphia Police Officer Daniel Faulkner.
In a two-page decision, the U.S. Court of Appeals for the Third Circuit denied Abu-Jamal's request for a rehearing of his appeal in the controversial case, which has helped fuel an international debate about the death penalty.
Abu-Jamal's lawyer, Robert R. Bryan of San Francisco, said he planned to ask the U.S. Supreme Court to consider the case.
In March, a three-judge panel of the Third Circuit left intact Abu-Jamal's conviction but said a new jury should decide whether he deserved death or should be sentenced to life behind bars.
Deputy District Attorney Ronald Eisenberg said no decision had been made on whether his office would ask the high court to reinstate the death sentence.
Abu-Jamal and his lawyers contend that the panel should have ordered a hearing on their contention that prosecutors intentionally excluded blacks from his jury in violation of a later 1986 U.S. Supreme Court decision.
They noted that one of the panel members, Judge Thomas Ambro, wanted a hearing held on that issue, though he was in the minority on that issue.
All three members of the panel, which also included Chief Judge Anthony J. Scirica and Judge Robert E. Cowen, affirmed the December 2001 decision by U.S. District Judge William H. Yohn Jr., who threw out the death sentence.
Yohn concluded that the jury might have been confused by the trial judge's instructions and wording on the verdict form filled out when the jury decided on death.
He found that the jury might have mistakenly believed it had to agree unanimously on any mitigating circumstances - factors that might have persuaded the jury to decide on a life sentence, rather than death.
Abu-Jamal, 54, has been on death row since his 1982 conviction in the killing of Faulkner, who was shot to death near 13th and Locust Streets early on Dec. 9, 1981.
The Pennsylvania Supreme Court upheld his conviction and death sentence in 1989, and also rejected three other appeals.
Unless the nation's high court agrees to hear the case, Abu-Jamal most likely would face a new Philadelphia jury to decide only whether the penalty should be life or death. The high court hears only a tiny percentage of all petitions filed each year.
Contact staff writer Emilie Lounsberry at 215-854-4828 or elounsberry@phillynews.com
http://www.philly.com/inquirer/breaking/news_breaking/20080722_Abu-Jamal_loses_latest_appeal_for_new_trial.html
Saturday, July 12, 2008
Thursday, July 10, 2008
News From The Worldwide Movement to Free Mumia Abu-Jamal
The Paris-based National United Collective In Solidarity with Mumia Abu-Jamal joined in the annual Die-In against the reinstatement of the U.S. Death Penalty and for the release of Mumia on Wednesday evening, July 2, 2008. The Collective acted in solidarity with the U.S. actions to mark the 26th anniversary of Mumia's unjust conviction and death sentence. The dramatic Die-In on Place de la Concorde is in full view of the tourist attraction of the Eiffel Tower and directly in front of the U.S. Embassy, where the Collective has held weekly vigils in solidarity with Mumia for many years. This is the 13th annual Die-In, performed in coalition with anti-Death Penalty groups, and attracts hundred who die-iin and bear silent witness. France abolished the Death Penalty in 1981.
Tuesday, July 08, 2008
Legal Update from Mumia's Attorney
Date: July 8, 2008
From: Robert R. Bryan, lead counsel
Subject: Petition for Rehearing and Rehearing En Banc, United States
Court of Appeals for the
Third Circuit, filed on behalf of Mumia Abu-Jamal,
death row, Pennsylvania
United States Court of Appeals for the Third Circuit, Philadelphia On June 27, 2008, I submitted on behalf of my client, Mumia Abu-Jamal, a Petition for Rehearing and Rehearing En Banc in the U.S. Court of Appeals for the Third Circuit. Yesterday it was deemed "filed" by the court following rulings on related motions. The focus of the Petition is the issue of racism in jury selection. If unsuccessful, we will proceed to the United States Supreme Court.
Below are two news articles concerning the Petition. Today's Philadelphia Inquirer piece gives an overview of this newest development, while that by Dave Lindorff is a brilliant analysis of these case developments and its politics. A copy of the actual Petition for Rehearing and Rehearing En Banc, which is before the federal court, is attached.
Donations for Mumia's Legal Defense in the U.S. To make tax deductible donations to the legal defense, please make checks payable to the National Lawyers Guild Foundation (indicate "Mumia" on the bottom left). They should be mailed to:
Committee To Save Mumia Abu-Jamal
P.O. Box 2012
New York, NY 10159-2012
Conclusion Even though the federal court granted a new jury trial on the question of the death penalty, we want a complete reversal of the conviction. I will not rest until my client is free.
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
From: Robert R. Bryan, lead counsel
Subject: Petition for Rehearing and Rehearing En Banc, United States
Court of Appeals for the
Third Circuit, filed on behalf of Mumia Abu-Jamal,
death row, Pennsylvania
United States Court of Appeals for the Third Circuit, Philadelphia On June 27, 2008, I submitted on behalf of my client, Mumia Abu-Jamal, a Petition for Rehearing and Rehearing En Banc in the U.S. Court of Appeals for the Third Circuit. Yesterday it was deemed "filed" by the court following rulings on related motions. The focus of the Petition is the issue of racism in jury selection. If unsuccessful, we will proceed to the United States Supreme Court.
Below are two news articles concerning the Petition. Today's Philadelphia Inquirer piece gives an overview of this newest development, while that by Dave Lindorff is a brilliant analysis of these case developments and its politics. A copy of the actual Petition for Rehearing and Rehearing En Banc, which is before the federal court, is attached.
Donations for Mumia's Legal Defense in the U.S. To make tax deductible donations to the legal defense, please make checks payable to the National Lawyers Guild Foundation (indicate "Mumia" on the bottom left). They should be mailed to:
Committee To Save Mumia Abu-Jamal
P.O. Box 2012
New York, NY 10159-2012
Conclusion Even though the federal court granted a new jury trial on the question of the death penalty, we want a complete reversal of the conviction. I will not rest until my client is free.
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
Mumia Abu-Jamal's Long-Shot Appeal for Reversal of Last Year's Disastrous Third Circuit Ruling
Original Content at http://www.opednews.com/articles/Mumia-Abu-Jamal-s-Long-Sho-by-Dave-Lindorff-080707-97.html
OpEdNews
July 7, 2008
By Dave Lindorff
Mumia Abu-Jamal and his attorney Robert R. Bryan yesterday filed a formal petition seeking a full en banc reconsideration of last spring’s decision by a three-member panel of the Third Circuit Federal Court of Appeals rejecting his claim of a constitutional violation in the selection of jurors at his 1982 murder trial in the shooting death of Philadelphia police officer Daniel Faulkner.
The three-judge panel, in a 2-1 ruling, rejected Abu-Jamal’s claim of a so-called Batson violation namely that the city prosecutor trying his case had denied him a fair trial by improperly barring qualified African Americans from sitting on his jury. The two judges in the majority--both appointed to their posts by President Ronald Reagan--stated that Abu-Jamal had failed to raise the issue at the time of his trial, and that he had failed to make a prima facie case of racial discrimination.
In their majority opinion rejecting Abu-Jamal’s Batson claim, Judge Anthony Scirica and Judge Robert Cowan had argued that even though it was demonstrably true that Assistant DA Joseph McGill had used 10 of his 15 peremptory challenges to reject two-thirds of the potential black jurors who had agreed that they could vote for a death penalty in the case, it could not be seen as a prima facie case of impermissible racial discrimination, because no one had established the racial make-up of the total jury pool. In other words, as one of the two judges actually stated during the hearing, “perhaps the jury pool itself was two-thirds black.” The majority also ruled that because Abu-Jamal had not formally raised the objection about the number of racial jury strikes at the time they occurred, his claim was denied.
As attorney Bryan pointed out in his request for a re-examination of the ruling by the full Third Circuit panel of 12 judges, however, both these arguments fly in the face of both US Supreme Court and Third Circuit precedents. Under Batson, a defendant, in order to obtain a full hearing into the issue of race discrimination in jury selection, need only demonstrate that one single juror was improperly rejected by the prosecution on the basis of race. Furthermore, both those courts have also established that all relevant issues must be taken into consideration, not just the juror strike (dismissal) rate. Bryan noted, for example, that the case was racially charged, given that the defendant was black and the victim was white, and that it was especially charged, given that the defendant had been a Black Panther and had been associated with the MOVE organization, while the victim had been a police officer. Both the Supreme Court and the Third Circuit Court of Appeals have held that such issues can contribute to making a prima facie case of discrimination, yet neither was considered by the three-judge panel in its ruling in this case. Bryan also noted that at the time of the trial, there was no Batson standard to raise an objection to (the US Supreme Court’s Batson standard was established in 1986, but was made retroactive for all cases). Indeed, in 1982, at the time of Abu-Jamal’s trial, it was technically legal for prosecutors to reject jurors on the basis of race, so he and his trial attorney would have been making a pointless objection at trial had they formally complained back then.
All these points, Bryan argues in his petition for a re-consideration of his client's Batson claim, were also powerfully made in a dissent by the third appellate judge, Thomas Ambro (a Clinton appointee), who charged that his two senior colleagues on the bench were making “a newly created contemporaneous objection rule for habeas petitions,” which he warned would conflict with all the court's prior decisions.
Judge Ambro, Bryan points out, also was dismissive in his dissent of his two colleagues’ claim that they needed to know the composition of the jury pool before they could say the prosecutor’s dismissal of two thirds of the qualified black jurors might constitute improper discrimination in jury selection. “It is my belief,” he wrote, “that this strike rate without reference to total venire (jury pool) can stand on its own for the purpose of raising an inference of discrimination.”
In any event, Bryan went on to demonstrate, using the trial transcript record and some simple math, that in fact the racial composition of the original jury pool can be established: it was 14 blacks and 31 whites, or in other words, 31 percent black. Since it has been stipulated by the district attorney’s office, and accepted as fact by the state courts, that the prosecutor used his ability to dismiss jurors peremptorily (without cause) to eliminate 10 black jurors already considered acceptable by the court, that gives the prosecution a strike rate of 66.67 percent, or more than double the actual percentage of available black jurors in the pool. Admittedly it would have been better had the defense been able to make that damning point at the Third Circuit hearing last year, when the two Republican judges on the bench were demanding it, properly or not. That said, it is still a point that the full Third Circuit bench should consider carefully, in examining lst year's bizarre ruling by the three-judge panel of Scirica, Cowen and Ambro.
' The challenge faced by Abu-Jamal in this bid for a reconsideration of his Batson claim ruling is that the three judges who already ruled, including Judge Cowen, could be part of any en banc reconsideration. Judge Marjorie Rendell, one of the 12 active members of the Third Circuit, has recused herself from the hearing because her husband, Gov. Ed Rendell, was district attorney and as such was boss of the prosecutor, Joe McGill, when the case was tried. Another judge, Clinton appointee Theodore McKee, also recused himself, as did Bush appointee D. Michael Fisher. Ordinarily, en banc deliberations are limited to active judges, but Judge Cowen, though retired, might be able to participate, since he was one of the judges who issued the ruling in question. If Judge Cowan did not participate in an en banc session, that would mean four additional judges would have to side with Judge Ambro, for a reversal and an order for a hearing on Abu-Jamal’s Batson claim. If Cowan were to join the bench, however, that would mean a total of 10 judges, and thus a majority of six--or five in addition to Ambro--would be needed for a reversal.
Without Cowan, the odds would be daunting enough. Even if the other two Clinton appointees to the Third Circuit Court and one remaining Carter appointee were to side with Ambro, Abu-Jamal would need one Bush appointee to come over to get five votes for a reversal. With Cowan voting, five votes would just give a tie, leaving last year’s ruling standing. For a reversal, a second Bush appointee would have to be swayed to Abu-Jamal’s side.
That is quite a hurdle. Then again, stranger things have happened: One of the key Third Circuit rulings establishing the precedent that it should be relatively easy for a death row prisoner to establish prima facie evidence of race-based jury selection (to which Judge Ambro referred when he said his colleagues were ignoring the precedents of their own circuit) and gain a full hearing of the evidence, was written by a recent member of the Third Circuit Court of Appeals, Samuel Alito. Alito, recall, left the Third Circuit when he was appointed last year to the Supreme Court by Bush.
Technically, what Abu-Jamal is seeking at this point is an order from the Third Circuit Court of Appeals for a full Batson hearing, at which all evidence could be presented, and the prosecution questioned, about the prevailing practice by the district attorney's office in 1982 of excluding blacks from juries in Philadelphia (academic research shows that under Rendell's direction, prosecutors struck blacks from capital-case juries 58 percent of the time, compared to only 22 percent for whites), the record of prosecutor Joe McGill (who records show struck black jurors from the capital cases he tried 74 percent of the time, vs. 25 percent of the time for whites), and about what actually happened during jury selection process at Abu-Jamal's own trial, when two-thirds of black jurors were struck by the prosecutor.
If a judge were to establish after such a hearing that there was a racial motive behind McGill's actions during jury selection, or during the removal of one seated black juror early in the trial, or that even one juror was removed for racial reasons, under Batson rules, it would result automatically in Abu-Jamal's getting a new trial before a new, fairly selected jury.
The Third Circuit drama over Abu-Jamal’s Batson claim plays out as evidence continues to mount that his trial was a sham and a travestry. Among these are new photographs showing: 1) police manipulation of the evidence at the crime scene, 2) a lack of any bullet holes in the sidewalk surrounding the spot where officer Faulkner was lying when he was allegedly shot by Abu-Jamal, and 3) no indication of a taxi cab parked where cab driver Robert Chobert, a key prosecution “eye-witness,” claimed he had been located during the shooting incident. Other credible witnesses are also surfacing with evidence that there was never a shouted out “confession” in Jefferson Hospital’s emergency room, and that witness Chobert was actually not a witness to the shooting, but was rather parked on another street, facing away from the incident.
The District Attorney’s office is expected to file a counter petition opposing an en banc review of last year's Third Circuit ruling.
....................................................................................
Authors Website: http://www.thiscantbehappening.net
Authors Bio: Dave Lindorff, a columnist for Counterpunch, is author of several recent books ("This Can't Be Happening! Resisting the Disintegration of American Democracy" and "Killing Time: An Investigation into the Death Penalty Case of Mumia Abu-Jamal"). His latest book, coauthored with Barbara Olshanshky, is "The Case for Impeachment: The Legal Argument for Removing President George W. Bush from Office (St. Martin's Press, May 2006). His writing is available at http://www.thiscantbehappening.net
OpEdNews
July 7, 2008
By Dave Lindorff
Mumia Abu-Jamal and his attorney Robert R. Bryan yesterday filed a formal petition seeking a full en banc reconsideration of last spring’s decision by a three-member panel of the Third Circuit Federal Court of Appeals rejecting his claim of a constitutional violation in the selection of jurors at his 1982 murder trial in the shooting death of Philadelphia police officer Daniel Faulkner.
The three-judge panel, in a 2-1 ruling, rejected Abu-Jamal’s claim of a so-called Batson violation namely that the city prosecutor trying his case had denied him a fair trial by improperly barring qualified African Americans from sitting on his jury. The two judges in the majority--both appointed to their posts by President Ronald Reagan--stated that Abu-Jamal had failed to raise the issue at the time of his trial, and that he had failed to make a prima facie case of racial discrimination.
In their majority opinion rejecting Abu-Jamal’s Batson claim, Judge Anthony Scirica and Judge Robert Cowan had argued that even though it was demonstrably true that Assistant DA Joseph McGill had used 10 of his 15 peremptory challenges to reject two-thirds of the potential black jurors who had agreed that they could vote for a death penalty in the case, it could not be seen as a prima facie case of impermissible racial discrimination, because no one had established the racial make-up of the total jury pool. In other words, as one of the two judges actually stated during the hearing, “perhaps the jury pool itself was two-thirds black.” The majority also ruled that because Abu-Jamal had not formally raised the objection about the number of racial jury strikes at the time they occurred, his claim was denied.
As attorney Bryan pointed out in his request for a re-examination of the ruling by the full Third Circuit panel of 12 judges, however, both these arguments fly in the face of both US Supreme Court and Third Circuit precedents. Under Batson, a defendant, in order to obtain a full hearing into the issue of race discrimination in jury selection, need only demonstrate that one single juror was improperly rejected by the prosecution on the basis of race. Furthermore, both those courts have also established that all relevant issues must be taken into consideration, not just the juror strike (dismissal) rate. Bryan noted, for example, that the case was racially charged, given that the defendant was black and the victim was white, and that it was especially charged, given that the defendant had been a Black Panther and had been associated with the MOVE organization, while the victim had been a police officer. Both the Supreme Court and the Third Circuit Court of Appeals have held that such issues can contribute to making a prima facie case of discrimination, yet neither was considered by the three-judge panel in its ruling in this case. Bryan also noted that at the time of the trial, there was no Batson standard to raise an objection to (the US Supreme Court’s Batson standard was established in 1986, but was made retroactive for all cases). Indeed, in 1982, at the time of Abu-Jamal’s trial, it was technically legal for prosecutors to reject jurors on the basis of race, so he and his trial attorney would have been making a pointless objection at trial had they formally complained back then.
All these points, Bryan argues in his petition for a re-consideration of his client's Batson claim, were also powerfully made in a dissent by the third appellate judge, Thomas Ambro (a Clinton appointee), who charged that his two senior colleagues on the bench were making “a newly created contemporaneous objection rule for habeas petitions,” which he warned would conflict with all the court's prior decisions.
Judge Ambro, Bryan points out, also was dismissive in his dissent of his two colleagues’ claim that they needed to know the composition of the jury pool before they could say the prosecutor’s dismissal of two thirds of the qualified black jurors might constitute improper discrimination in jury selection. “It is my belief,” he wrote, “that this strike rate without reference to total venire (jury pool) can stand on its own for the purpose of raising an inference of discrimination.”
In any event, Bryan went on to demonstrate, using the trial transcript record and some simple math, that in fact the racial composition of the original jury pool can be established: it was 14 blacks and 31 whites, or in other words, 31 percent black. Since it has been stipulated by the district attorney’s office, and accepted as fact by the state courts, that the prosecutor used his ability to dismiss jurors peremptorily (without cause) to eliminate 10 black jurors already considered acceptable by the court, that gives the prosecution a strike rate of 66.67 percent, or more than double the actual percentage of available black jurors in the pool. Admittedly it would have been better had the defense been able to make that damning point at the Third Circuit hearing last year, when the two Republican judges on the bench were demanding it, properly or not. That said, it is still a point that the full Third Circuit bench should consider carefully, in examining lst year's bizarre ruling by the three-judge panel of Scirica, Cowen and Ambro.
' The challenge faced by Abu-Jamal in this bid for a reconsideration of his Batson claim ruling is that the three judges who already ruled, including Judge Cowen, could be part of any en banc reconsideration. Judge Marjorie Rendell, one of the 12 active members of the Third Circuit, has recused herself from the hearing because her husband, Gov. Ed Rendell, was district attorney and as such was boss of the prosecutor, Joe McGill, when the case was tried. Another judge, Clinton appointee Theodore McKee, also recused himself, as did Bush appointee D. Michael Fisher. Ordinarily, en banc deliberations are limited to active judges, but Judge Cowen, though retired, might be able to participate, since he was one of the judges who issued the ruling in question. If Judge Cowan did not participate in an en banc session, that would mean four additional judges would have to side with Judge Ambro, for a reversal and an order for a hearing on Abu-Jamal’s Batson claim. If Cowan were to join the bench, however, that would mean a total of 10 judges, and thus a majority of six--or five in addition to Ambro--would be needed for a reversal.
Without Cowan, the odds would be daunting enough. Even if the other two Clinton appointees to the Third Circuit Court and one remaining Carter appointee were to side with Ambro, Abu-Jamal would need one Bush appointee to come over to get five votes for a reversal. With Cowan voting, five votes would just give a tie, leaving last year’s ruling standing. For a reversal, a second Bush appointee would have to be swayed to Abu-Jamal’s side.
That is quite a hurdle. Then again, stranger things have happened: One of the key Third Circuit rulings establishing the precedent that it should be relatively easy for a death row prisoner to establish prima facie evidence of race-based jury selection (to which Judge Ambro referred when he said his colleagues were ignoring the precedents of their own circuit) and gain a full hearing of the evidence, was written by a recent member of the Third Circuit Court of Appeals, Samuel Alito. Alito, recall, left the Third Circuit when he was appointed last year to the Supreme Court by Bush.
Technically, what Abu-Jamal is seeking at this point is an order from the Third Circuit Court of Appeals for a full Batson hearing, at which all evidence could be presented, and the prosecution questioned, about the prevailing practice by the district attorney's office in 1982 of excluding blacks from juries in Philadelphia (academic research shows that under Rendell's direction, prosecutors struck blacks from capital-case juries 58 percent of the time, compared to only 22 percent for whites), the record of prosecutor Joe McGill (who records show struck black jurors from the capital cases he tried 74 percent of the time, vs. 25 percent of the time for whites), and about what actually happened during jury selection process at Abu-Jamal's own trial, when two-thirds of black jurors were struck by the prosecutor.
If a judge were to establish after such a hearing that there was a racial motive behind McGill's actions during jury selection, or during the removal of one seated black juror early in the trial, or that even one juror was removed for racial reasons, under Batson rules, it would result automatically in Abu-Jamal's getting a new trial before a new, fairly selected jury.
The Third Circuit drama over Abu-Jamal’s Batson claim plays out as evidence continues to mount that his trial was a sham and a travestry. Among these are new photographs showing: 1) police manipulation of the evidence at the crime scene, 2) a lack of any bullet holes in the sidewalk surrounding the spot where officer Faulkner was lying when he was allegedly shot by Abu-Jamal, and 3) no indication of a taxi cab parked where cab driver Robert Chobert, a key prosecution “eye-witness,” claimed he had been located during the shooting incident. Other credible witnesses are also surfacing with evidence that there was never a shouted out “confession” in Jefferson Hospital’s emergency room, and that witness Chobert was actually not a witness to the shooting, but was rather parked on another street, facing away from the incident.
The District Attorney’s office is expected to file a counter petition opposing an en banc review of last year's Third Circuit ruling.
....................................................................................
Authors Website: http://www.thiscantbehappening.net
Authors Bio: Dave Lindorff, a columnist for Counterpunch, is author of several recent books ("This Can't Be Happening! Resisting the Disintegration of American Democracy" and "Killing Time: An Investigation into the Death Penalty Case of Mumia Abu-Jamal"). His latest book, coauthored with Barbara Olshanshky, is "The Case for Impeachment: The Legal Argument for Removing President George W. Bush from Office (St. Martin's Press, May 2006). His writing is available at http://www.thiscantbehappening.net
Phila Inquirer: Abu-Jamal seeks new trial in Phila. officer's slaying
By Emilie Lounsberry, Inquirer Staff Writer
Pennsylvania death-row inmate Mumia Abu-Jamal has asked a federal appeals court to reconsider the decision that denied him a new trial in the 1981 slaying of Philadelphia Police Officer Daniel Faulkner.
In late March, a three-judge panel of the U.S. Court of Appeals for the Third Circuit left intact Abu-Jamal's conviction but said a new jury should decide whether he deserved death or should be sentenced to life behind bars.
In court papers docketed today, Robert R. Bryan, the San Francisco lawyer representing Abu-Jamal with Widener University law professor Judith Ritter, asked the three-judge panel and the full Third Circuit court to take another look.
They contended that the panel should have ordered a hearing on Abu-Jamal's contention that prosecutors intentionally excluded blacks from his jury in violation of a later 1986 U.S. Supreme Court decision.
They noted that one of the panel members, Judge Thomas Ambro, wanted a hearing held on that issue, and said the majority "has backed away from this Circuit's historical commitment to equal justice for all."
The three-judge panel affirmed the December 2001 ruling by U.S. District Judge William H. Yohn Jr., who had thrown out the death sentence after concluding that the jury might have been confused by the trial judge's instructions and wording on the verdict form filled out when the jury decided on death.
Yohn found that the jury might have mistakenly believed it had to agree unanimously on any mitigating circumstances - factors that might have persuaded jurors to decide on a life sentence, rather than death.
Abu-Jamal, 54, has been on death row since his 1982 conviction in the killing of Faulkner, who was shot to death near 13th and Locust Streets early in the morning of Dec. 9, 1981.
While Abu-Jamal is appealing because he wants a new trial, the Philadelphia District Attorney's Office could ask the U.S. Supreme Court to reinstate the death sentence. Assistant District Attorney Hugh Burns said last month that no decision had been made on whether to ask the high court to consider the matter.
Abu-Jamal has written books and given taped speeches from death row, and his case has been followed in many parts of the world.
The Pennsylvania Supreme Court upheld his conviction and death sentence in 1989, and also rejected three other appeals - including one earlier this year.
Pennsylvania death-row inmate Mumia Abu-Jamal has asked a federal appeals court to reconsider the decision that denied him a new trial in the 1981 slaying of Philadelphia Police Officer Daniel Faulkner.
In late March, a three-judge panel of the U.S. Court of Appeals for the Third Circuit left intact Abu-Jamal's conviction but said a new jury should decide whether he deserved death or should be sentenced to life behind bars.
In court papers docketed today, Robert R. Bryan, the San Francisco lawyer representing Abu-Jamal with Widener University law professor Judith Ritter, asked the three-judge panel and the full Third Circuit court to take another look.
They contended that the panel should have ordered a hearing on Abu-Jamal's contention that prosecutors intentionally excluded blacks from his jury in violation of a later 1986 U.S. Supreme Court decision.
They noted that one of the panel members, Judge Thomas Ambro, wanted a hearing held on that issue, and said the majority "has backed away from this Circuit's historical commitment to equal justice for all."
The three-judge panel affirmed the December 2001 ruling by U.S. District Judge William H. Yohn Jr., who had thrown out the death sentence after concluding that the jury might have been confused by the trial judge's instructions and wording on the verdict form filled out when the jury decided on death.
Yohn found that the jury might have mistakenly believed it had to agree unanimously on any mitigating circumstances - factors that might have persuaded jurors to decide on a life sentence, rather than death.
Abu-Jamal, 54, has been on death row since his 1982 conviction in the killing of Faulkner, who was shot to death near 13th and Locust Streets early in the morning of Dec. 9, 1981.
While Abu-Jamal is appealing because he wants a new trial, the Philadelphia District Attorney's Office could ask the U.S. Supreme Court to reinstate the death sentence. Assistant District Attorney Hugh Burns said last month that no decision had been made on whether to ask the high court to consider the matter.
Abu-Jamal has written books and given taped speeches from death row, and his case has been followed in many parts of the world.
The Pennsylvania Supreme Court upheld his conviction and death sentence in 1989, and also rejected three other appeals - including one earlier this year.
Sunday, July 06, 2008
New Issue of Abu Jamal Newsletter!
Check out the latest issue of this great newsletter by Hans Bennet. This one's really a jam-packed edition with lots of incredible, informative articles.
http://www.abu-jamal-news.com/docs/ajn3.pdf
http://www.abu-jamal-news.com/docs/ajn3.pdf
Begin Building for Jericho 2008!
Dear Supporters
Political prisoners represent the breadth of liberation and progressive movements that have worked over the years to expand justice and freedom for all in this country. Some have been held for more than 35 years, representing the continuing repression against our movements in this country. Others have only recently been sentenced, and are just beginning to serve their terms. It is in the interest of all liberation, progressive and justice-minded groups and individuals to oppose the imprisonment of political activists, which forms a major prong of repression against movements in this country.....
On October 10th, 2008 we are commemorating the 10th Anniversary of the Jericho Amnesty Movement. We are organizing a National March to the United Nations here in New York City.....
This is a national effort to once again call attention to the existence of U.S.-held Political Prisoners & Prisoners of War. It is a national effort to redouble our efforts to build a stronger movement for the liberation of our freedom fighters.
We reach out to you specifically to join in the planning and organization of this historic event. We are inviting you to attend the next planning meeting on Saturday, July 12th at the Brecht Forum to involve you in our ongoing work to make this a successful march.
If you are interested in joining us or learning how you can help, please respond to this email at nycjericho@riseup.net OR call 718-365-4407. Also, please respond if you are interested but unable to attend this meeting. Hope to hear from you soon.
FREE ALL POLITICAL PRISONERS & PRISONERS OF WAR
Political prisoners represent the breadth of liberation and progressive movements that have worked over the years to expand justice and freedom for all in this country. Some have been held for more than 35 years, representing the continuing repression against our movements in this country. Others have only recently been sentenced, and are just beginning to serve their terms. It is in the interest of all liberation, progressive and justice-minded groups and individuals to oppose the imprisonment of political activists, which forms a major prong of repression against movements in this country.....
On October 10th, 2008 we are commemorating the 10th Anniversary of the Jericho Amnesty Movement. We are organizing a National March to the United Nations here in New York City.....
This is a national effort to once again call attention to the existence of U.S.-held Political Prisoners & Prisoners of War. It is a national effort to redouble our efforts to build a stronger movement for the liberation of our freedom fighters.
We reach out to you specifically to join in the planning and organization of this historic event. We are inviting you to attend the next planning meeting on Saturday, July 12th at the Brecht Forum to involve you in our ongoing work to make this a successful march.
If you are interested in joining us or learning how you can help, please respond to this email at nycjericho@riseup.net OR call 718-365-4407. Also, please respond if you are interested but unable to attend this meeting. Hope to hear from you soon.
FREE ALL POLITICAL PRISONERS & PRISONERS OF WAR
Sunday, June 15, 2008
Legal Update from Mumia's Attorney
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
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
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
Friday, May 23, 2008
ROCK 4 REVOLUTION Live @ The Knitting Factory
ROCK 4 REVOLUTION
Live @ The Knitting Factory, Thursday, June 5th. 10pm
Free all Political Prisoners/ Stop the Violence event
Featuring Performances By:
Featuring
Hakim Green of Channel Live
C Rayz Walz
The Welfare Poets
Goldii (Mumia Abu Jamal's daughter)
Black ICE
Rephstar & PattyDukes
Imessiah Soul
with DJ O Spindles
and other special surprise guests..
Live at The Knitting Factory, Thursday, June 5th. 10pm
Tickets available now at www.knittingfactory.com
$10 in advance
$15 at the door
for more info rock4revolution@gmail.com
Rock For Revolution
a musical event to raise funds and awareness for all political prisoners
Knitting Factory - New York
74 Leonard Street
New York, NY 10013
Tel: (212) 219-3132
Fax: (212) 219-3401
Box Office Hours
Monday to Friday: 12noon until close
Saturday and Sunday: 2 PM until close
Directions
You can take the 1 or 9 train to Franklin Street, walk one block south to Leonard, turn left and walk a block & a half to the club.
You can take the A, C or E train to Canal Street, walk 4 blocks south and turn left on Leonard. You could also take the N or R train to Canal Street, walk down Broadway 4 blocks to Leonard, turn right, and see the club at the far end of the block. If you are unfamiliar with the the downtown area click here for a full MTA New York City Subway Map
Saturday, April 26, 2008
Legal Update from Mumia's Attorney
Dear Friends:
This Legal Update is made on behalf of my client, Mumia Abu-Jamal, who remains on Pennsylvania's death row. Many people have inquired as to our reaction and position concerning recent legal developments, and what will happen now. This should answer many of those questions and alleviate some of the confusion.
U.S. Court of Appeals for the Third Circuit, Philadelphia
As widely reported in the media, the U.S. Court of Appeals issued its long-awaited decision on March 27, 2008. (Abu-Jamal v. Horn, Nos. 01-9014, 02-9001, 2008 WL 793877 (3rd Cir. 2008).) Mumia and I had legal conferences that day, and we have been in frequent contact since including a death-row meeting earlier this week and a discussion this evening. We view the opinion of the three-judge panel as a mixed bag with some good, some very wrong, and a remarkable dissenting opinion by a judge on racism that gives us great hope for eventual victory.
A new jury trial has been ordered by the federal court on the question of whether Mumia should be sentenced to life or death, due to the trial judge's unconstitutional and misleading instructions to the jury. It is a positive step in any capital case when a court finds that the death penalty was wrongfully imposed. Mumia is pleased with this part of the ruling because it could help others on death rows across the U.S. The prosecution now has various options including seeking reconsideration by the federal court and petitioning the U.S. Supreme Court to have the death sentence remain intact.
It was a great disappointment that the federal court rejected our quest for a reversal of the conviction and a new trial on the question of guilt and innocence. To say that Mumia and I are unhappy with this would be an understatement, for the decision flies in the face of the United States Constitution and case precedent. The facts are that the prosecutor did engage in racism during jury selection, and made a false and misleading argument to the jury which turned the concept of reasonable doubt and presumption of innocence on its head. The trial judge was biased and bigoted, even stating in reference to my client that he was "going to help'em fry the n----r." Unfortunately the court used against Mumia the failings of the lawyers who represented him in state post-conviction and federal habeas corpus proceedings. Their mistakes should not serve as an excuse to rationalize away the fundamental constitutional violations that occurred in this case.
The silver lining of this ruling is that Judge Thomas L. Ambro wrote a 41-page dissent on the racism-in-jury-selection issue. This brilliant opinion began:
Justice Ambro concluded that everyone is entitled to a fair and impartial trial by a jury of his or her peers. As Batson reminds us, "[t]he 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." Id. at 97-98. I fear today that we weaken the effect of Batson by imposing a contemporaneous objection requirement where none was previously present in our Court's jurisprudence and by raising the low bar for a prima facie case of discrimination in jury selection to a height unattainable if enough time has passed such that original jury records are not available. In so holding, we do a disservice to Batson. I respectfully dissent.
Shortly before the decision, we brought the Snyder decision to the attention of the federal court in a Notice of Supplemental Authority. I wrote on March 23, 2008:
The high court also reiterated that "the Constitution forbids striking even a single prospective juror for a discriminatory purpose." Snyder v. Louisiana, 2008 WL 723750 at *4 (quoting United States v. Vasquez-Lopez, 22 F.3d 900, 902 (C.A.9 1994)). This too was pointed out in oral argument and briefing. Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, supra, at 41-42. Finally, the case recognized that an "inference of discriminatory intent" is supported when the prosecution's proffered reasons for striking African Americans do not apply even-handedly to non-African Americans. Snyder v. Louisiana, 2008 WL 723750 at *8. Again, this point was presented in oral argument and our briefing. See, e.g., Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, supra, at 32-36.
The "Mumia Exception"
The latest denial of a new trial to Mumia has been referred to as part of the "Mumia Exception." David Lindorff, a noted investigative journalist and author of Killing Time: An Investigation into the Death Row Case of Mumia Abu-Jamal, wrote in the Philadelphia Inquirer on April 2, 2008, that the "courts have altered the rules just to keep Abu-Jamal on course for death." What Professor Linn Washington earlier dubbed the "Mumia Exception" could not have been more on target.
Reaction of the District Attorney of Philadelphia
The District Attorney appeared livid that the federal court had ordered a new penalty-phase jury trial. At a press conference on March 27, 2008, the day of the decision, she vowed that her office will continue pursuing the execution of my client. Sadly, the prosecution could not resist distorting the truth as it has from the outset over a quarter of a century ago. The DA falsely said that the court "finally decided in its wisdom ... that Mr. Jamal was guilty." That is not what the U.S. Court of Appeals found and is nonsense; there was no retrial or verdict. That is not what appellate courts do. Rather, the federal decision dealt with issues of law and procedure. The prosecution's suggestion that my client was found "guilty" of anything on appeal is absurd and patently false.
Where we go from here
The dissent of Justice Ambro is a light in the darkness, a roadmap as to where we go from here. On April 9, 2008, the U.S. Court of Appeals granted my 45-day Motion for Extension of Time To File Petition for Rehearing and Rehearing En Banc. The rehearing petition, now due on May 27, 2008, will be seeking review of the case by all the judges in the Third Circuit. The basis will be that "the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed and consideration of the full court is therefore necessary to secure uniformity of the court's decisions," and, "the proceeding involves one or more questions of exceptional importance." (Fed. R. App. P. 35(b)(1).) If unsuccessful, we will proceed to the Supreme Court.
Conclusion
The issues in this case concern the right to a fair trial, the ongoing struggle against the death penalty, and the political repression of a courageous author and journalist. Based upon three decades of successfully litigating murder cases involving the death penalty, I am convinced that we can win an acquittal upon a new jury trial. My goal is his acquittal upon retrial. I intend to see Mumia go home to his family. I will not rest until that occurs.
Mumia is still on death row and in great danger. His life is hanging in the balance. We must remember that racism, fraud, politics, and unfairness are threads that have run through this case since the beginning. As reflected by the comments at its recent press conference, the prosecution has learned little from its shameful behavior in this case. The misconduct continues, and the prosecutorial wrongs of the past are thus visited on the present.
Finally, we are grateful for all those who do so much to bring the injustice in this case to public attention, whether it be through demonstrations, writing to newspapers, meetings, or circulating information on the Internet. This is all important. We are of one voice in this campaign for justice: Free Mumia!
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 remains on Pennsylvania's death row. Many people have inquired as to our reaction and position concerning recent legal developments, and what will happen now. This should answer many of those questions and alleviate some of the confusion.
U.S. Court of Appeals for the Third Circuit, Philadelphia
As widely reported in the media, the U.S. Court of Appeals issued its long-awaited decision on March 27, 2008. (Abu-Jamal v. Horn, Nos. 01-9014, 02-9001, 2008 WL 793877 (3rd Cir. 2008).) Mumia and I had legal conferences that day, and we have been in frequent contact since including a death-row meeting earlier this week and a discussion this evening. We view the opinion of the three-judge panel as a mixed bag with some good, some very wrong, and a remarkable dissenting opinion by a judge on racism that gives us great hope for eventual victory.
A new jury trial has been ordered by the federal court on the question of whether Mumia should be sentenced to life or death, due to the trial judge's unconstitutional and misleading instructions to the jury. It is a positive step in any capital case when a court finds that the death penalty was wrongfully imposed. Mumia is pleased with this part of the ruling because it could help others on death rows across the U.S. The prosecution now has various options including seeking reconsideration by the federal court and petitioning the U.S. Supreme Court to have the death sentence remain intact.
It was a great disappointment that the federal court rejected our quest for a reversal of the conviction and a new trial on the question of guilt and innocence. To say that Mumia and I are unhappy with this would be an understatement, for the decision flies in the face of the United States Constitution and case precedent. The facts are that the prosecutor did engage in racism during jury selection, and made a false and misleading argument to the jury which turned the concept of reasonable doubt and presumption of innocence on its head. The trial judge was biased and bigoted, even stating in reference to my client that he was "going to help'em fry the n----r." Unfortunately the court used against Mumia the failings of the lawyers who represented him in state post-conviction and federal habeas corpus proceedings. Their mistakes should not serve as an excuse to rationalize away the fundamental constitutional violations that occurred in this case.
The silver lining of this ruling is that Judge Thomas L. Ambro wrote a 41-page dissent on the racism-in-jury-selection issue. This brilliant opinion began:
Excluding even a single person from a jury because of race violates the Equal Protection Clause of our Constitution. See Batson v. Kentucky, 476 U.S. 79, 84-86, 99 n. 22, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). This simple justice principle was reaffirmed by our Supreme Court this past week. Snyder v. Louisiana, No. 06-10119, 2008 WL 723750, at *4 (Mar. 19, 2008).
Justice Ambro concluded that everyone is entitled to a fair and impartial trial by a jury of his or her peers. As Batson reminds us, "[t]he 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." Id. at 97-98. I fear today that we weaken the effect of Batson by imposing a contemporaneous objection requirement where none was previously present in our Court's jurisprudence and by raising the low bar for a prima facie case of discrimination in jury selection to a height unattainable if enough time has passed such that original jury records are not available. In so holding, we do a disservice to Batson. I respectfully dissent.
Shortly before the decision, we brought the Snyder decision to the attention of the federal court in a Notice of Supplemental Authority. I wrote on March 23, 2008:
In Snyder v. Louisiana, ___ U.S. ___, 2008 WL 723750 (Mar. 19, 2008), the judgment of the Louisiana Supreme Court was reversed with the United States Supreme Court holding that the trial court should have disallowed a peremptory challenge based upon race because it violated Batson v. Kentucky, 476 U.S. 79 (1986). Justice Alito, in writing for the majority, reaffirmed that evidence of discriminatory intent should be taken from a broad array of factors. Citing Miller-El v. Dretke, 545 U.S. 231, 239 (2005), he pointed out that "in considering a Batson objection, or in reviewing a ruling claimed to be Batson error, all of the circumstances that bear upon the issue of racial animosity must be consulted ..." Snyder underscores the point made by Appellee and Cross-Appellant, Mr. Abu-Jamal, urged in oral argument on May 17, 2007, and in briefing, that the existence of a prima facie Batson claim depends upon, inter alia, the connection between race and the pattern of strikes, the nature of the case, comments made during jury selection, and the time and place of the trial. Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, July 26, 2006, at 17-46; Fourth-Step Reply Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, Oct. 23, 2006, at 11-58.
The high court also reiterated that "the Constitution forbids striking even a single prospective juror for a discriminatory purpose." Snyder v. Louisiana, 2008 WL 723750 at *4 (quoting United States v. Vasquez-Lopez, 22 F.3d 900, 902 (C.A.9 1994)). This too was pointed out in oral argument and briefing. Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, supra, at 41-42. Finally, the case recognized that an "inference of discriminatory intent" is supported when the prosecution's proffered reasons for striking African Americans do not apply even-handedly to non-African Americans. Snyder v. Louisiana, 2008 WL 723750 at *8. Again, this point was presented in oral argument and our briefing. See, e.g., Brief of Appellee and Cross-Appellant, Mumia Abu-Jamal, supra, at 32-36.
The "Mumia Exception"
The latest denial of a new trial to Mumia has been referred to as part of the "Mumia Exception." David Lindorff, a noted investigative journalist and author of Killing Time: An Investigation into the Death Row Case of Mumia Abu-Jamal, wrote in the Philadelphia Inquirer on April 2, 2008, that the "courts have altered the rules just to keep Abu-Jamal on course for death." What Professor Linn Washington earlier dubbed the "Mumia Exception" could not have been more on target.
Reaction of the District Attorney of Philadelphia
The District Attorney appeared livid that the federal court had ordered a new penalty-phase jury trial. At a press conference on March 27, 2008, the day of the decision, she vowed that her office will continue pursuing the execution of my client. Sadly, the prosecution could not resist distorting the truth as it has from the outset over a quarter of a century ago. The DA falsely said that the court "finally decided in its wisdom ... that Mr. Jamal was guilty." That is not what the U.S. Court of Appeals found and is nonsense; there was no retrial or verdict. That is not what appellate courts do. Rather, the federal decision dealt with issues of law and procedure. The prosecution's suggestion that my client was found "guilty" of anything on appeal is absurd and patently false.
Where we go from here
The dissent of Justice Ambro is a light in the darkness, a roadmap as to where we go from here. On April 9, 2008, the U.S. Court of Appeals granted my 45-day Motion for Extension of Time To File Petition for Rehearing and Rehearing En Banc. The rehearing petition, now due on May 27, 2008, will be seeking review of the case by all the judges in the Third Circuit. The basis will be that "the panel decision conflicts with a decision of the United States Supreme Court or of the court to which the petition is addressed and consideration of the full court is therefore necessary to secure uniformity of the court's decisions," and, "the proceeding involves one or more questions of exceptional importance." (Fed. R. App. P. 35(b)(1).) If unsuccessful, we will proceed to the Supreme Court.
Conclusion
The issues in this case concern the right to a fair trial, the ongoing struggle against the death penalty, and the political repression of a courageous author and journalist. Based upon three decades of successfully litigating murder cases involving the death penalty, I am convinced that we can win an acquittal upon a new jury trial. My goal is his acquittal upon retrial. I intend to see Mumia go home to his family. I will not rest until that occurs.
Mumia is still on death row and in great danger. His life is hanging in the balance. We must remember that racism, fraud, politics, and unfairness are threads that have run through this case since the beginning. As reflected by the comments at its recent press conference, the prosecution has learned little from its shameful behavior in this case. The misconduct continues, and the prosecutorial wrongs of the past are thus visited on the present.
Finally, we are grateful for all those who do so much to bring the injustice in this case to public attention, whether it be through demonstrations, writing to newspapers, meetings, or circulating information on the Internet. This is all important. We are of one voice in this campaign for justice: Free Mumia!
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
Sunday, April 13, 2008
Bus Ticket Information For April 19 In Philly
FREE MUMIA ABU-JAMALCOALITION BUSES FOR APRIL 19TH
LEAVING AT 8 AM FROM 33rd STREET AND 8th AVENUE $21
MUST BUY TICKETS IN ADVANCE
AT SOLIDARITY CENTER 55 WEST 17th STREET
Mon-Friday 1:30-8:30 (212-633-6046)
LIMITED NUMBER OF SCHOLARSHIPS AVAILABLE FOR THOSE IN NEED
MUST CALL 212-330-8029 FOR THOSE TICKETS
For more information: call 212 330-8029 or www.freemumia.com
IGLESIA SAN ROMERO DE LAS AMERICAS
BUSES LEAVING AT 7 AM
FROM 2410 AMSTERDAM BETWEEN (179th AND 180th Streets)
$21
CONTACT MANUEL: 917-544-1693
Partisan Defense Committee is also organizing a bus from downtown Manhattan. $25 Call (212) 406-4252. Other organizations are organizing vans and cars.
ALL OUT TO PHILLY ON APRIL 19th FOR MUMIA, AND FOR OURSELVES!!!
LEAVING AT 8 AM FROM 33rd STREET AND 8th AVENUE $21
MUST BUY TICKETS IN ADVANCE
AT SOLIDARITY CENTER 55 WEST 17th STREET
Mon-Friday 1:30-8:30 (212-633-6046)
LIMITED NUMBER OF SCHOLARSHIPS AVAILABLE FOR THOSE IN NEED
MUST CALL 212-330-8029 FOR THOSE TICKETS
For more information: call 212 330-8029 or www.freemumia.com
IGLESIA SAN ROMERO DE LAS AMERICAS
BUSES LEAVING AT 7 AM
FROM 2410 AMSTERDAM BETWEEN (179th AND 180th Streets)
$21
CONTACT MANUEL: 917-544-1693
Partisan Defense Committee is also organizing a bus from downtown Manhattan. $25 Call (212) 406-4252. Other organizations are organizing vans and cars.
ALL OUT TO PHILLY ON APRIL 19th FOR MUMIA, AND FOR OURSELVES!!!
APRIL 19 - FREE MUMIA DEMO'S ALL OVER THE WORLD!
THIRD CIRCUIT COURT DENIES MUMIA A NEW TRIAL AND GRANTS RE-SENTENCING HEARING!
ALL OUT IN PHILLY ON APRIL 19!
BUY YOUR BUS TICKETS NOW!
Have your Organization ENDORSE this demo!
Email freemumia@freemumia.com or call (212)330-8029
- Download the Flyer
MUMIA'S CURRENT LEGAL STATUS NOW LEAVES HIM WITH EITHER AN EXECUTION OR LIFE IN PRISON WITHOUT PAROLE! Federal Court has ruled to uphold Mumia's conviction while granting a re-sentencing hearing. Though Mumia's attorneys are appealing, Mumia is currently bound to either an execution or permanent life in prison.
- READ THE RULING HERE
- READ LINN WASHINGTON'S "THIS IS NO VICTORY" ANALYSIS
-READ UPDATE FROM MUMIA'S LAWYER
- LISTEN TO INTERVIEW WITH MUMIA
- Statement from Pam Africa here
-
Read an article by David Lindorff
- Read a response from German Author Michael Schiffman
There will also be International demonstrations:
Paris, France
There will be a demonstration on the 19th, more details to come
Vienna / Austria
The Committee In Solidartity with Mumia Abu-Jamal organizes in common with Der Neue Kurs a rally, demonstration and Solidarity meeting
Saturday April 19th 2008 2 pm
Solidarity-Rally
Mariahilferstraße / Stiftstraße
4 pm Demonstration to the US-Embassy
Meeting with representatives of the embassy to present a resolution against the racist trial and strongly limited rights for the defense
7 pm Solidarity-meeting Free Mumia!
With
* a representative of the "Mumia Free Committee" (Albany/USA)
* Karl Fischbacher (Committee In Solidartity with Mumia Abu-Jamal<)
* A representative of Der Neue Kurs Germany
download a German flyer
Protests and press conferences were held in NYC and Califronia on March 28 --- Download the Press Release
ALL OUT IN PHILLY ON APRIL 19!
BUY YOUR BUS TICKETS NOW!
Have your Organization ENDORSE this demo!
Email freemumia@freemumia.com or call (212)330-8029
- Download the Flyer
MUMIA'S CURRENT LEGAL STATUS NOW LEAVES HIM WITH EITHER AN EXECUTION OR LIFE IN PRISON WITHOUT PAROLE! Federal Court has ruled to uphold Mumia's conviction while granting a re-sentencing hearing. Though Mumia's attorneys are appealing, Mumia is currently bound to either an execution or permanent life in prison.
- READ THE RULING HERE
- READ LINN WASHINGTON'S "THIS IS NO VICTORY" ANALYSIS
-READ UPDATE FROM MUMIA'S LAWYER
- LISTEN TO INTERVIEW WITH MUMIA
- Statement from Pam Africa here
-
Read an article by David Lindorff
- Read a response from German Author Michael Schiffman
There will also be International demonstrations:
Paris, France
There will be a demonstration on the 19th, more details to come
Vienna / Austria
The Committee In Solidartity with Mumia Abu-Jamal organizes in common with Der Neue Kurs a rally, demonstration and Solidarity meeting
Saturday April 19th 2008 2 pm
Solidarity-Rally
Mariahilferstraße / Stiftstraße
4 pm Demonstration to the US-Embassy
Meeting with representatives of the embassy to present a resolution against the racist trial and strongly limited rights for the defense
7 pm Solidarity-meeting Free Mumia!
With
* a representative of the "Mumia Free Committee" (Albany/USA)
* Karl Fischbacher (Committee In Solidartity with Mumia Abu-Jamal<)
* A representative of Der Neue Kurs Germany
download a German flyer
Protests and press conferences were held in NYC and Califronia on March 28 --- Download the Press Release
The Vital Importance of Mumia Abu-Jamal
by Walidah Imarisha
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.
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.
Donate To Help Free Mumia Now!
From International Concerned Family and Friends of Mumia Abu-Jamal:
We are in desperate need of funds. Much of the intense work being done now is being funded from our own pockets. Every little bit helps. We could use copy cards for stores like Kinko's, Staples, Office Max, etc. or even better, people who can make copies out of their offices or homes. We could use volunteers to help publicize and do outreach for April 19. There is some way each person can contribute and now is the time to extend that effort!
We are also creating PSAs to air on Philadelphia radio stations this coming week leading up to April 19. We need to raise $1,000 to cover the costs. PLEASE help us reach this goal so we can get out the word on Mumia's struggle!
We are in desperate need of funds. Much of the intense work being done now is being funded from our own pockets. Every little bit helps. We could use copy cards for stores like Kinko's, Staples, Office Max, etc. or even better, people who can make copies out of their offices or homes. We could use volunteers to help publicize and do outreach for April 19. There is some way each person can contribute and now is the time to extend that effort!
We are also creating PSAs to air on Philadelphia radio stations this coming week leading up to April 19. We need to raise $1,000 to cover the costs. PLEASE help us reach this goal so we can get out the word on Mumia's struggle!
Statement from the Free Mumia Coalition - All Out To Philly April 19!
No Justice, No Peace!
As we chanted "The People United Will Never Be Defeated" as loudly as we could, it was clear to anyone listening that the battle for Mumia Abu-Jamal's freedom will not be denied, despite a disappointing decision by the Third Circuit Court of Appeals. People from varying backgrounds and political stripes were united behind one issue: the liberation of an innocent Black man on Pennsylvania's death row. By a two-to-one majority, the court ruled that Mumia was not entitled to a new trial because it wasn't clear what the racial makeup in the jury pool was – therefore, how can you definitively prove that Mumia's rights were violated by a biased jury.
Our "Day After" rally in Harlem was a targeted strategy to inform the community about the cold-blooded nature of the criminal injustice system – something Harlem residents and the rest of Black and Brown residents and progressive whites already know too well. The court, in its infinite wisdom, thought all Mumia Abu-Jamal deserved, after spending 26 years on death row in solitary confinement, was the possibility of a resentencing hearing that would leave him with either life in prison or execution by lethal injection. One thing is clear: this ruling will not stand, and the judicial system will have to deal with the public that is none too happy about this ruling. As Mumia always says, "There is no power like the power of the people."
Over 200 people came out to express their outrage over this decision. Three weeks following the Harlem rally, on April 19, there will be thousands more who will take it to the streets of Philadelphia and make it clear to the powers that be – that they had better rethink their position or the whole world will know about their dirty little secret. People will not stand by and let them murder the "voice of the voiceless" — or keep an innocent man behind bars for the rest of his life. While the mainstream media is focusing on the horserace that's being played out by "tweedle dee and tweedle dum "—excuse me, the Democratic Primaries and who's leading in the polls – it's about time we give them something else to write about that is a little more relevant to the times we're living in. The criminal injustice system is raining hard in Black and Brown urban centers of America, and it's time we make them own up to it.
Both Hillary Rodham Clinton and Barack Obama endorse capital punishment, even though they know the system is imperfect and it doesn't deter violent crime. Let's see where they stand on Mumia Abu-Jamal, who has not had a violent past; in fact, it's quite the opposite, as you already know. It's not too late to force them to do right by Mumia and all the other political prisoners rotting in prison, where they shouldn't have been in the first place. Further, if we give up, how will we ever demand from our children what we can't do for ourselves.
Make it your business to join us in Philly on Saturday, April 19, 11 AM, in front of the Federal Court House, 6th and Market Streets. Buses leave New York City at 8:00 AM in front of the General Post Office, 33rd and 8th Avenue, across from Madison Square Garden. Roundtrip tickets are $21. If you're not able to make it, send someone in your place or make a contribution that would allow someone to come who cannot afford to pay. This is a grassroots movement, so if you have a little extra cash, we could surely use it right about now. Make out your check or money order to FMAJ/IFCO and send it to Free Mumia Coalition NYC, P.O. Box 16, College Station, New York, NY 10030. Our website is www.freemumia.com and it's updated frequently.
-The Free Mumia Abu-Jamal Coalition (NYC)
As we chanted "The People United Will Never Be Defeated" as loudly as we could, it was clear to anyone listening that the battle for Mumia Abu-Jamal's freedom will not be denied, despite a disappointing decision by the Third Circuit Court of Appeals. People from varying backgrounds and political stripes were united behind one issue: the liberation of an innocent Black man on Pennsylvania's death row. By a two-to-one majority, the court ruled that Mumia was not entitled to a new trial because it wasn't clear what the racial makeup in the jury pool was – therefore, how can you definitively prove that Mumia's rights were violated by a biased jury.
Our "Day After" rally in Harlem was a targeted strategy to inform the community about the cold-blooded nature of the criminal injustice system – something Harlem residents and the rest of Black and Brown residents and progressive whites already know too well. The court, in its infinite wisdom, thought all Mumia Abu-Jamal deserved, after spending 26 years on death row in solitary confinement, was the possibility of a resentencing hearing that would leave him with either life in prison or execution by lethal injection. One thing is clear: this ruling will not stand, and the judicial system will have to deal with the public that is none too happy about this ruling. As Mumia always says, "There is no power like the power of the people."
Over 200 people came out to express their outrage over this decision. Three weeks following the Harlem rally, on April 19, there will be thousands more who will take it to the streets of Philadelphia and make it clear to the powers that be – that they had better rethink their position or the whole world will know about their dirty little secret. People will not stand by and let them murder the "voice of the voiceless" — or keep an innocent man behind bars for the rest of his life. While the mainstream media is focusing on the horserace that's being played out by "tweedle dee and tweedle dum "—excuse me, the Democratic Primaries and who's leading in the polls – it's about time we give them something else to write about that is a little more relevant to the times we're living in. The criminal injustice system is raining hard in Black and Brown urban centers of America, and it's time we make them own up to it.
Both Hillary Rodham Clinton and Barack Obama endorse capital punishment, even though they know the system is imperfect and it doesn't deter violent crime. Let's see where they stand on Mumia Abu-Jamal, who has not had a violent past; in fact, it's quite the opposite, as you already know. It's not too late to force them to do right by Mumia and all the other political prisoners rotting in prison, where they shouldn't have been in the first place. Further, if we give up, how will we ever demand from our children what we can't do for ourselves.
Make it your business to join us in Philly on Saturday, April 19, 11 AM, in front of the Federal Court House, 6th and Market Streets. Buses leave New York City at 8:00 AM in front of the General Post Office, 33rd and 8th Avenue, across from Madison Square Garden. Roundtrip tickets are $21. If you're not able to make it, send someone in your place or make a contribution that would allow someone to come who cannot afford to pay. This is a grassroots movement, so if you have a little extra cash, we could surely use it right about now. Make out your check or money order to FMAJ/IFCO and send it to Free Mumia Coalition NYC, P.O. Box 16, College Station, New York, NY 10030. Our website is www.freemumia.com and it's updated frequently.
-The Free Mumia Abu-Jamal Coalition (NYC)
Put Pressure On Officials To Respond To Denial Of New Trial
From ICFFMAJ:
We are asking Mumia supporters to PLEASE CALL THESE NUMBERS and write the Congressional Black Caucus as to why they are not responding to the Third Circuit's recent denial of a new trial for Mumia.
We are asking people to ask them why they are not calling press conferences or making a collective or individual ccomment about the recent court decision
Call the CBC, the National Caucus of Black Legislators and the National NAACP, which passed a resolution supporting Mumia in 2004.
Thes organizations should be coming to Mumia's support at this time!
-----------------
Rep Carolyn Cheeks Kilpatrick
Chairwoman, Congressional Black Caucus
202 225 5006
Dr Joe Leonord
Executive Director, Congressional Black Caucus
202 225 4356
National NAACP
410 580 5777
We are asking Mumia supporters to PLEASE CALL THESE NUMBERS and write the Congressional Black Caucus as to why they are not responding to the Third Circuit's recent denial of a new trial for Mumia.
We are asking people to ask them why they are not calling press conferences or making a collective or individual ccomment about the recent court decision
Call the CBC, the National Caucus of Black Legislators and the National NAACP, which passed a resolution supporting Mumia in 2004.
Thes organizations should be coming to Mumia's support at this time!
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Rep Carolyn Cheeks Kilpatrick
Chairwoman, Congressional Black Caucus
202 225 5006
Dr Joe Leonord
Executive Director, Congressional Black Caucus
202 225 4356
National NAACP
410 580 5777
All Out For April 19! Buy Bus Tickets NOW
The worldwide movement to free Mumia Abu-Jamal is in emergency mode. Since the 3rd Circuit Court of Appeals in Philadelphia last week rejected Mumia's appeal for a new trial, his only legal options are death by lethal injection or life behind the wall without parole. No way!
Mumia has always said it will be the power of the people that will force the courts to release him. Get yourself and everyone you know to Philly on Saturday, April 19th. This is the week of the Presidential Primary and the entire city will be all revved-up politically and more open to anger over such a blatant disrespect of an innocent man's rights.
We will provide group transportation. Mail your check made out to FMAJC for $19 per ticket right away to
FMAJC
P.O. Box 16
College Station, New York, NY 10030
Include your address (please write clearly and include a good contact phone number) and we will mail you back your ticket.
Mumia's future is in the hands of we, the people!
Mumia has always said it will be the power of the people that will force the courts to release him. Get yourself and everyone you know to Philly on Saturday, April 19th. This is the week of the Presidential Primary and the entire city will be all revved-up politically and more open to anger over such a blatant disrespect of an innocent man's rights.
We will provide group transportation. Mail your check made out to FMAJC for $19 per ticket right away to
FMAJC
P.O. Box 16
College Station, New York, NY 10030
Include your address (please write clearly and include a good contact phone number) and we will mail you back your ticket.
Mumia's future is in the hands of we, the people!
STATEMENT FROM PAM AFRICA
Coordinator of the International Concerned Family and Friends of Mumia Abu-Jamal
(March 29, 2008):
Last week's court decision was not a victory. While we obviously prefer to have Mumia alive, instead of executed, life in prison without parole is an unacceptable sentence for an innocent man that was convicted with a blatantly unfair trial. Further, there is still no guarantee that he will not be executed. Also, even if the overturning of the death penalty is eventually finalized, there is no guarantee that he will be moved into the general prison population, because the government has always found ways to make "exceptions" for political prisoners like Mumia.
Once again the courts have held Mumia's case to different standards than other cases. At the 1982 trial Prosecutor McGill used 10 of his 15 peremptory strikes to remove otherwise acceptable black jurors, yet the court ruled that there was not even the appearance of discrimination against just one of these black jurors!
Judge Thomas Ambro has noted this blatant double-standard with the court's rejection of the "Batson" claim regarding racist jury selection, and he states in his dissenting opinion that the court's ruling "goes against the grain of our prior actions…I see no reason why we should not afford Abu-Jamal the courtesy of our precedents."
We have absolutely no faith in the judicial system, but if Mumia does have a court proceeding, we will continue to mobilize to pack the courtroom and the streets in support of Mumia, just like we have always done whenever there was a courtroom proceeding for Mumia, whether he was present or not. However, we know that if Mumia gets justice, it will not come from the courts, but only from the pressure generated by the people.
Therefore, we will take to the streets with a mass-demonstration in Philadelphia on April 19 demanding Mumia's release based on the evidence of both innocence and judicial misconduct from the City of Philadelphia all the way up to the federal level. In response to the recent court decision, numerous demonstrations have already been organized internationally and inside the US. On April 19, with the media spotlight on Pennsylvania's Presidential Primary Election, supporters from around the world will gather in Philadelphia to take a constitutional stand and show our outrage with this unjust court decision.
(March 29, 2008):
Last week's court decision was not a victory. While we obviously prefer to have Mumia alive, instead of executed, life in prison without parole is an unacceptable sentence for an innocent man that was convicted with a blatantly unfair trial. Further, there is still no guarantee that he will not be executed. Also, even if the overturning of the death penalty is eventually finalized, there is no guarantee that he will be moved into the general prison population, because the government has always found ways to make "exceptions" for political prisoners like Mumia.
Once again the courts have held Mumia's case to different standards than other cases. At the 1982 trial Prosecutor McGill used 10 of his 15 peremptory strikes to remove otherwise acceptable black jurors, yet the court ruled that there was not even the appearance of discrimination against just one of these black jurors!
Judge Thomas Ambro has noted this blatant double-standard with the court's rejection of the "Batson" claim regarding racist jury selection, and he states in his dissenting opinion that the court's ruling "goes against the grain of our prior actions…I see no reason why we should not afford Abu-Jamal the courtesy of our precedents."
We have absolutely no faith in the judicial system, but if Mumia does have a court proceeding, we will continue to mobilize to pack the courtroom and the streets in support of Mumia, just like we have always done whenever there was a courtroom proceeding for Mumia, whether he was present or not. However, we know that if Mumia gets justice, it will not come from the courts, but only from the pressure generated by the people.
Therefore, we will take to the streets with a mass-demonstration in Philadelphia on April 19 demanding Mumia's release based on the evidence of both innocence and judicial misconduct from the City of Philadelphia all the way up to the federal level. In response to the recent court decision, numerous demonstrations have already been organized internationally and inside the US. On April 19, with the media spotlight on Pennsylvania's Presidential Primary Election, supporters from around the world will gather in Philadelphia to take a constitutional stand and show our outrage with this unjust court decision.
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