Mumia case receives setback

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by: Joe Sims
January 22 2010

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The Supreme Court this week dealt a setback to the case of Mumia Abu Jamal. Jamal's death penalty conviction had been set aside by an appeals court on the grounds of incorrect jury instructions. The Supreme Court returned the case to the Third Circuit for a new hearing.

Jamal was convicted in the 1981 fatal shooting of a Philadelphia police officer, Daniel Faulkner.

The Third Circuit had previously ruled that "the jury that sentenced him to death could have been misled by the trial judge's instructions that they had to be unanimous in deciding if factors mitigated against capital punishment."

According to the Christian Science Monitor, "There is no unanimity requirement for jurors considering mitigating circumstances. They are free to consider anything that might weigh against a death sentence."

What must be decided now is if the Supreme Court's ruling earlier this month involving another jury instruction case bears on Jamal's: "At issue: Is Abu-Jamal's case affected by the Supreme Court's Jan. 12 decision that the jury's death-penalty instructions did not bar executing Frank Spisak, a Cleveland neo-Nazi convicted of killing three men in 1982?"

Mumia Abu Jamal's case has gained wide national and international attention. Jamal, an activist, well-known journalist and former Black Panther, has proclaimed his innocence from the beginning.

Jamal has charged prosecutors with racism in jury selection and coercing witnesses. An earlier witness in the case recanted her testimony.

A new petition campaign is being organized, calling on Attorney General Eric Holder and President Obama to investigate civil rights violations. Pam Africa, chairwoman of International Concerned Family and Friends of Mumia Abu Jamal, is calling for focusing attention on the prosecutor's office in Philadelphia. Seth Williams, the district attorney, campaigned pledging to execute Jamal.

Photo: AP/Jennifer E. Beach, undated file photo

 

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  • It is without a doubt that our so-called justice system is anything but just. Even with a witness recanting testimony the system will not change it's intent to execute this man! What's wrong with this picture?

    I find it odd that activists such as Mumia and Leonard Petlier are prosecuted and persecuted with all of the energy that the judicial system can muster, yet will not lift a finger against Bush, Cheney for their crimes! That a judicial system that unfairly pursues activists disregarding the facts, yet allows for Cuban terrorists to remain free after bombing a Cuban airliner and killing citizens of Cuba!

    Kind of reminds me of a joke a former co-worker used to tell me when speaking of justice for people of color in the U.S.; "Boy, we're going to give you a FAIR trial and then we're gonna hang you!"

    Posted by Pancho Valdez, 02/01/2010 12:01pm (2 months ago)

  • THE EVIDENCE IS MATERIAL PROOF OF MUMIAS'S INNOCENCE...

    The kangaroo court that has found Mumia guilty has numerous faults by law, 1) Jury selection tampering in which the Philidelphia prosecution and police taught jury selection with a video that instructed the lawyers not to pick blacks, as they are not serious enough, and thereby won't find him guilty, and won't consign him to death. It says pick whites to try blacks, that way guilty will take place. That is Mumia didn't get a trial jury of his peers. (10 whites, 2 blacks) Also Judge Sabo was heard to say before the trial was over, 'I am going to fry the N--ger'. The witness who heard him say that was the court stenographer who records the trial.

    Further the witnesses later recanted their trial statements and admitted they lied, because the police had pressured them to find Mumia guilty. The only witness that during the trial did say she saw Mumia do the shooting was a prostitute, known to the police, and she later said she lied on instructions from the cops, or else an old summons for prostitution would be served on her and she would go to jail. She later said she lied so as not to go to jail. Originally she said the killer ran away.

    Forensics at the sight proves Mumia was innocent, as his gun was not the same calibre as the gun that killed the cop, and the pictures taken at the scene (not allowed as evidence) later proved that one of the cops was lying (purgery) when he testified in the court that he did not touch the gun, so evidence would not be tampered with. The picture shows that cop holding the gun in question, in his bare hands. Don't forget it was Mumia who was shot by a cop, and he was on the ground close to dying. Later the cop who rode to the Hospital with Mumia put on the statement of that nights duty, that Mumia did not say anything, he was quiet. Later, two months on, he changed his statement and said that Mumia confessed that he killed the cop.

    Later on a gangster hit-man confessed to killing const. Faulkner, because Faulkner was turning in the cops for their collusion with the mob on prostitution, liquor, and drug dealing with mob. The FBI was investigating the Philidelphia Police at the time, as a dishonest police department. Mumia was the journalist that was turning in the fraud, to the government for prosecution, and was known to the cops. He was not the shooter. The pictures also tell the fact that the witnesses were lying, and saying what the pictures proved did not happen. Judge Sabo threw out all the evidence that might prove Mumia's innocence, and only allowed the frame-up evidence which the pictures prove were witness lies. There is so much more evidence that proves Mumia is innocent, but the courts have disallowed the evidence. FREE MUMIA, he is innocent.

    Posted by john, 01/22/2010 6:14pm (2 months ago)

  • Pam Africa's press release. People who want to help free Mumia should go to http://freemumia.com.
    =====================================http://www.indybay.org/newsitems/2010/01/21/18635870.php

    San Francisco | Police State and Prisons


    Pam Africa on the Supreme Court ruling against Mumia
    by SF Bay View Newspaper
    Thursday Jan 21st, 2010 2:58 PM
    On Tuesday, Jan. 19, the U.S. Supreme Court ruled against political prisoner Mumia Abu Jamal and granted the Philadelphia DA’s petition for a writ of certiorari. Basically, the Supreme Court went against the lower federal circuit court’s 2001 and 2008 rulings, which granted a new sentencing phase jury trial if the death penalty was to be reinstated in Jamal’s case. Now the case goes back down to the 3rd Circuit Court of Appeals, who will decide whether they will re-impose the death penalty without the jury trial.
    January 20, 2010

    Pam Africa on the Supreme Court ruling against Mumia
    by Minister of Information JR

    Pam Africa, chairwoman of International Concerned Family and Friends of Mumia Abu Jamal, was a key organizer of the large demonstration outside the 3rd Circuit Court of Appeals when Mumia’s case was heard there on May 17, 2007. Now the Supreme Court has ordered the case back to that court. – Photo: Minister of Information JR

    On Tuesday, Jan. 19, the U.S. Supreme Court ruled against political prisoner Mumia Abu Jamal and granted the Philadelphia DA’s petition for a writ of certiorari. Basically, the Supreme Court went against the lower federal circuit court’s 2001 and 2008 rulings, which granted a new sentencing phase jury trial if the death penalty was to be reinstated in Jamal’s case. Now the case goes back down to the 3rd Circuit Court of Appeals, who will decide whether they will re-impose the death penalty without the jury trial.

    In a recent interview with the Block Report, Mumia spoke about the Spisak case, in which the death penalty has since been reinstated for the white supremacist murderer Frank Spisak. The question is how this will affect Mumia’s case since they both dealt with the Mills issue, which addresses confusing jury instructions.

    We are now at the highest level of Code Red in the case of Mumia Abu Jamal. The people must come to this tireless souljah’s defense.

    I interviewed Pam Africa, the chairwoman of the International Concerned Family and Friends of Mumia Abu Jamal, about the direction of the “Free Mumia” movement at this critical time …

    M.O.I. JR: Now that we have this information on how the Supreme Court wants to move on Mumia’s case, how is the International Concerned Family and Friends of Mumia Abu Jamal moving? And what do they need from the people?

    Pam Africa: One thing that people need to understand is that this is a very crucial time. What we’re doing today, we’re having a press conference in front of the District Attorney’s Office here in Philadelphia.

    This is the first Black DA in the city of Philadelphia. His name is Seth Williams, who ran on the platform that when he became district attorney, he would execute Mumia. That’s why we’re having the demonstration there, because it eventually will end up in the hands of the district attorney.

    The district attorney are the ones that are applying for this death sentence on Mumia. I know that they are battling Mills (the case concerning jury instructions) and everything else, but people must stay focused. The time is very short in dealing with the case of Mumia.

    People must organize around the world. There are two petitions that are happening: One is by a group of people over in Germany with Mumia’s attorney, Robert Bryan, calling on President Obama to get involved in the case and get Mumia a new case, because he never had a trial, really.

    But we’re calling on the attorney general. When I say we, I’m saying there are several groups and organizations that is spearheaded by the New York (Free Mumia Abu-Jamal) Coalition that is calling on the attorney general, because what we’re pointing out is that Mumia cannot get any fairness whatsoever.

    Brewing right here is another example of what it is we’re talking about. Mumia cannot get any fairness in this court system, so we’re calling on the U.S. attorney general to do a civil rights investigation into this case, because Mumia’s civil rights from the beginning to the end, and our civil rights as citizens of this United States who have pointed out the evidence very clearly (are threatened). That nobody can get around: Mumia is innocent. He is factually innocent.

    And what we’re asking people to do is to sign both of the petitions on behalf of Mumia. The one that the attorney is putting out there, because when he petitions and all, Obama, Obama’s next move is that he has to go to the U.S. attorney general. And when he comes to the U.S. attorney general, he will fully know that our last person who signed the petition for the civil rights investigation was Skip Gates, who sat down and had a beer after he was beat up by the police, you know, at the White House. I’m saying, he signed the petition. We have people that are right in the ear of Obama and the attorney general.

    And I want to point out very clearly, we have no hope whatsoever in the system. Our faith, Mumia’s faith, is in the people. Will the people rise up and do what is right? Shaka Sankofa is dead because the people didn’t consistently stay on top of these people when they did wrong.

    Tookie Williams, when they executed him, when they murdered him in cold-blood when the movement was moving, it should’ve continued to move that way. There are magnificent things that are happening in California around the death penalty, but everybody must unite together and move as one up against this government for the sake of Brotha (Troy) Davis, for the sake of all the brothas that’s on death row right now.

    Again there is Academics for Mumia, who are at Princeton University, who is having a meeting pulling academics together, and we’re asking the academics to sign both of these petitions while they educate people. I’m telling you people, we are not without the evidence. If you go to the website at Journalists for Mumia, if you go into the Bay View, you will find all of the evidence that you need to bring the system down to its knees.

    Once again, do not be duped by time; time is running out. And I know that when this next step is made, as I understand, things might be like six months and then it will go to the DA. The time might be a little bit off, but we don’t have much time. It’s time for them people to get into them churches, make them ministers get up, make these politicians get up, you know, make the people rise up, as they did in 1999, when we did Millions for Mumia. The time is now for organizing, organizing with all of the strength that you have.

    And I just want to thank people like the Partisan Defense Committee, Labor for Mumia, the Mobilization for Mumia, Millions for Mumia. These people have stayed steadfast, and if I haven’t mentioned the names of other people, there is a lot of individuals – JR and the Bay View – for keeping this issue up front in the people’s eye.

    The time is now for organizing, organizing with all of the strength that you have. People must pull together to abolish the death penalty. Save this brotha who has been on the front lines, from deathrow, on every issue of social justice that there is.
    And I will be down (in the Bay) on Feb. 18. I’ll be in California, from the 18th to the 23rd. I’m coming down there for the brotha of the San Francisco 8 (Francisco Torres’) hearing. I’m coming down there for Brotha JR’s hearing, and I wish I could be in LA when they bring this murderous cop (who murdered) Oscar Grant there, but I’m going to be pushing for people to get there – everybody who can.

    This death sentence that was handed out to this brotha; we can’t allow it, people. And I’m saying y’all have been an example to all of the people around the world of resistance (of what can be done) when people be consistent at what they do. Y’all have had something done here when y’all had that murderous monster arrested. It must continue. This dude must sit on deathrow. That is where he needs to sit with all of the other people. And let people fight to get his behind off of deathrow.

    You know, it can’t be enough said: People must pull together. You must abolish the death penalty because it is wrong, all the way across the board. We must support JR and all of the brothas and sistas that was arrested. This is what Mumia is pushing for; this is what we’re pushing for.

    When we come to California, we’ll be having more information about Mumia. The movement is moving real fast, so please while you are organizing for everything, tell people that they must get into the streets in order to save this brotha who has been on the front lines, from deathrow, on every issue of social justice that there is.

    Email POCC Minister of Information JR, Bay View associate editor, at blockreportradio [at] gmail.com and visit http://www.blockreportradio.com .

    http://freemumia.com

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    Posted by gary hicks, 01/22/2010 4:10pm (2 months ago)

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