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Mumia At The Crossroads in the Age of Obama April 03, 2010

MUMIA ABU-JAMAL is an African-American writer and journalist who has spent the last 24 years on Pennsylvania’s death row. His demand for justice and a new trial is supported by heads of state from France to South Africa, by Nobel Laureates, the European Parliament, city governments from Detroit to San Francisco to Paris, France, scholars, religious leaders, artists, scientists, the Congressional Black Caucus and other members of U.S. Congress, and by countless thousands who cherish democratic and human rights the world over.

 

Since the attacks on the World Trade Center and Pentagon on September 11, 2001, Jamal’s journalistic skills, historical analysis and eloquent pen have only confirmed his reputation as “voice of the voiceless.” With judicious historical insight and pointed probing of the issues, he continues to question and enlighten his readers through scores of columns, illuminating such issues as U.S. empire, terrorism, poverty, the U.S. support of Pakistan during the war in Afghanistan, the U.S. war and occupation of Iraq, and so much more. (See the “Mumia Index” on this site.) His columns and essays continue to find place in scholarly books as well as in the street newspapers of the homeless.

 

Working people have expressed their support for Jamal through their leading regional, national and international trade union bodies. The International Longshore and Warehouse Union closed down West coast ports for the day of April 24, 1999, to support Mumia’s bid for a new trial.

 

Jamal’s books and over 500 published columns have been adopted as resource material for the teaching and inspiration of a growing number of students, youth, and educators who have come to see their futures as intimately tied to the outcome of this case. The 1982 trial that convicted Jamal of killing Philadelphia police officer Daniel Faulkner has been challenged by leading legal analysts and scholars, from Stuart Taylor writing in the prestigious American Lawyer magazine, to Per Walsoe of the Supreme Court of Denmark, to Amnesty International which issued a special report in February 2000, claiming that “justice would best be served by the granting of a new trial…” to Jamal.

 

While Jamal has worked while confined as an advocate for so many others, he has maintained his own innocence from the beginning, and does so in ever clearer and more emphatic tones to the present day. His attorneys have presented compelling evidence that key witnesses were intimidated or coerced to provide false testimony, that a purported “confession” by Mumia was likely fabricated by police, and that vital evidence pointing to his innocence was withheld from the defense. A key eyewitness has now recanted critical court testimony she gave under police intimidation and which was used against Jamal.

 

The confused and flagrantly-biased character of the prosecutors’ case against Mumia has only mushroomed over the years: yet another affidavit has been offered that casts doubt on the original witnesses’ claims that Mumia had confessed to the murder; another man now has even stepped forward to claim that he is the one who killed the officer Mumia was convicted of killing; and a court stenographer swears in another affidavit that she heard Mumia’s original judge, Albert Sabo, say during a court recess, “Yeah, and I’m gonna help ’em fry the nigger.” (Up to the time of his death just a few years ago, Judge Sabo maintained he had been racially unbiased throughout Mumia’s trial.)

 

Jamal was forced to appeal his conviction before this same judge who had sentenced him to death in 1982. Judge Sabo was notorious for presiding over capital cases resulting in 33 people being sentenced to death (all but two, people of color), more than twice the number of any sitting judge in the United States.

 

So confused and biased is the case against Mumia that a U.S. District Judge finally had to acknowledge just one of the problems of Mumia’s conviction, and in 1999 he thus vacated the death sentence against Mumia. The prosecution, however, with the help of police unions like the Fraternal Order of Police, are still working tirelessly and vigorously to see that he is executed. Mumia remains on death row while the prosecution appeals the suspension of a death sentence. Meanwhile, Mumia’s attorneys press on to gain an overturning of the judgment of guilt against Mumia toward the end of achieving his freedom. His life still hangs in the balance, with death just a few callous and cruel decisions away.

 

■ Jamal has long been a POLITICAL TARGET as a prominent journalist critic of police brutality and racism in Philadelphia since the days of Mayor Frank Rizzo.

 

■ Jamal is made more vulnerable by sweeping JUDGMENTS AGAINST DISSENTERS as “terrorists,” and he has become less protected today, as many progressive activists in post-9/11 USA turn more of their attention and energy toward the war in Iraq, tensions in the Middle East and general surveillance issues in the U.S.

 

■ Jamal’s life is increasingly put at risk because even in post-9/11 USA he remains a vigorous critic of POLICE REPRESSION AND LAW ENFORCEMENT USE OF EXCESSIVE FORCE. Whether writing about the outrage of torture at the Guantánamo Base detention center, or in the jails and lockups of Brooklyn, New York, and Austin, Texas, Mumia’s as “voice for the voiceless” puts him at ever greater risk.

 

■ Jamal has challenged the present political priorities of SPENDING MORE FOR WAR AND PRISONS THAN FOR EDUCATION. The youth who increasingly rally to Mumia’s cause in the name of justice and fair play know that we build jailhouse cell blocks more rapidly than schoolhouse classrooms.

 

Lawyer's Update (Robert Bryan, November 30, 2006)

Letter from Attorney Robert R. Bryan
11/30/06

[Note: "help'em fry the ni - - er" is misspelled only to avoid email profanity filters that would prevent this message from reaching some recipients if the text were to be copied for email distribution]

Dear Friends:
Two weeks ago the District Attorney of Philadelphia filed a brief in reply to our most recent brief filed on behalf of Mumia Abu-Jamal. Even though this was to be the last of the briefs before oral argument, we felt obligated to respond due to the complexity of the issues and the government's factual misrepresentations. Attached is the Response of Appellee and Appellant, Mumia Abu-Jamal, to Sur-Reply Brief, submitted this week to the United States Court of Appeals for the Third Circuit, Philadelphia.
This case is of enormous consequence. It concerns the political repression of an outspoken journalist known globally as the "Voice of the Voiceless," the right to a fair trial, and the struggle against the death penalty. The authorities want to kill my client in order to silence his voice and pen. We must not let that occur. Racism and politics are threads that have run through this case since his arrest on December 9, 1981, and continue today.
Each of the issues under consideration by the federal court are of great constitutional significance. They include:

* The prosecutor's exclusion of African Americans from sitting on the jury.

* The bias and racism of the trial judge, Albert F. Sabo, who stated that he was going to "help'em fry the ni - - er."

* The prosecutor's "appeal after appeal" argument that essentially called upon the jurors to disregard the right to the presumption of innocence and reasonable doubt, and err on the side of guilt.

* The judge's unfair and skewed jury instructions and verdict form that resulted in the death penalty, since jurors were precluded from considering any mitigating evidence unless they all agreed on the existence of a particular special circumstance.

We will be presenting oral argument before a three-judge panel in the U.S. Court of Appeals. Even though no date has been set, this will likely occur within the next few months. My purpose remains to win this life-and-death struggle, gain a new and fair trial, and see my client walk out of jail a free person. However, as I have warned, Mr. Abu-Jamal remains in great danger.
Thank you for your concern in this campaign for justice.

With best wishes,
Robert

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Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123
Lead counsel for Mumia Abu-Jamal