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.
 
WE EDUCATORS ARE UNITED IN SAYING NO TO JAMAL’S EXECUTION. We invite you to study this web site, explore the case and the issues – for Mumia’s sake and that of so many others on U.S. death row.
 
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.
 
AS EDUCATORS, IN PENNSYLVANIA, ACROSS THE UNITED STATES AND THE WORLD, WE STRONGLY OPPOSE THE EXECUTION OF MUMIA ABU-JAMAL. While there are those who believe Mumia is innocent and should be FREED NOW, and others who have no opinion about his innocence, we are all united in viewing Mumia’s 1982 trial as a travesty of justice, and affirm that he MUST have a NEW TRIAL!

Last Update: Jun 15, 2009
"Major Court Victory" (J. Mackler, December 7, 2005)

MAJOR COURT VICTORY FOR MUMIA ABU-JAMAL  

BY JEFF MACKLER

In a decision that will likely stun the Pennsylvania legal establishment that has been trying to railroad innocent death row political prisoner and award-winning journalist, Mumia Abu-Jamal, to the execution chambers for 24 years, the U.S. Court of Appeals of the Third Circuit, reversed two critical Federal District Court rulings.

            The Third Circuit’s December 6 rulings granted “certificates of appealability” to Jamal to challenge alleged race and judicial bias in the 1995 Post Conviction Relief Action proceedings overseen by Mumia’s original 1982 trial court “hanging” judge, Albert Sabo. Sabo went to extreme lengths to keep evidence of innocence out of the court record.

The Court also allowed Mumia to challenge the trial summation remarks of the state’s lead prosecutor, Joseph McGill, who told the jury, “If you find the Defendant guilty of course, there would be appeal after appeal and perhaps there could be a reversal of the case, or whatever, so that may not be final.”

 

Mumia’s lead attorney, Robert R. Bryan, told this writer that McGill’s summation had the effect of qualitatively lowering the historic burden of proof regarding reasonable doubt and presumption of innocence. Similar remarks by Pennsylvania prosecutors have resulted in new trials in other cases.

 

The Third Circuit’s decision was all the more remarkable in that under the provisions of the reactionary 1996 Anti-terrorism and Effective Death Penalty Act, the court had no obligation to even consider defense challenges to the Federal District Court’s denial of certificates of appealability.

 

The court called for an initial January 17 defense brief on these two issues as well as on the single issue that had previously been certified for appeal, that is, the defense insistence that the exclusion of 11 or 14 Black jurors constituted an unconstitutional violation of the Supreme Court ruling on this issue in the famous case of Batson v. Kentucky.

 

The Third Circuit’s decision was not all in favor of Mumia. It denied certificates of appealability on a number of other important points raised by the defense, including the right to self-representation and it allowed the State of Pennsylvania to challenge a Federal District Court decision that had ordered the State to hold a new sentencing hearing based on constitutionally flawed jury instructions issued by Judge Sabo. While legal analysts doubt that Pennsylvania prosecutors will be successful in pursuing this “victory” for reaction, if they are, Mumia may be once again subject to an order for his execution by lethal injection.

 

“The Third Circuit decision opens the door to a new trial and freedom for my client,” said Bryan . “The case is now on the fast track,” he added. The next several months will see defense and prosecution attorneys meeting stringent deadlines for a series of briefs and counter briefs. The 10-person court will then issue a decision or set a date for a hearing and oral arguments.

 

There are several possible outcomes, from the worst, but least expected scenario where Sabo’s unconstitutional sentencing instructions are upheld and Mumia faces execution, to a decision of Third Circuit to either order a new trial or to remand the case to the Federal District Court to re-hear the issues, where it had previously ruled without regard to Mumia’s constitutional rights. 

 

While Mumia has won yet another victory on the road toward his freedom, the powers that be are far from conceding any errors and remain intent on his execution. Mumia’s freedom will be a product of both his legal efforts and a mass political movement exerting its will and making the price of his execution and continued incarceration too high to pay. In Philadelphia , contact: International Concerned Family and Friends of Mumia Abu-Jamal at 215-476-88122. In San Francisco , contact: The Mobilization to Free Mumia Abu-Jamal at 415-255-1080.