[News] Mumia Abu-Jamal - Good Decision, U.S. Court of Appeals

Anti-Imperialist News News at freedomarchives.org
Wed Dec 7 11:32:13 EST 2005



From: <mailto:RobertRBryan at aol.com>RobertRBryan at aol.com
Date: December 6, 2005 5:27:10 PM PST
To: undisclosed-recipients:;
Subject: Mumia Abu-Jamal - Decision, U.S. Court of Appeals

Dear Friends and Supporters:

Today the United States Court of Appeals for the Third Circuit issued 
the most important decision affecting my client, Mumia Abu-Jamal, 
since the lower federal court ruling in December 2001.  An order was 
issued this morning that the court will accept for review the 
following issues, all of which are of enormous constitutional 
significance and go to the very essence of Mumia's right to a fair 
trial due process of law, and equal protection of the law under the 
Fifth, Sixth and Fourteenth Amendments to the U.S. Constitution:
    * Claim 14:  Whether appellant was denied his constitutional 
rights due to the prosecution's trial summation.
    * Claim 16:  Whether the Commonwealth's use of peremptory 
challenges at trial violated appellant's constitutional rights under 
Batson v. Kentucky, 476 U.S. 79 (1986).
    * Claim 29: Whether appellant was denied due process during 
post-conviction proceedings as a result of alleged judicial bias.
Claim 16 concerns the prosecutorial use of racism in jury 
selection.  The record establishes beyond question that racism is a 
major thread that has run through this case since Mumia's 1981 
arrest, and continues to today.  Claim 14 relates to the guilt 
phase.  It includes the prosecutor's argument that if convicted Mumia 
would have "appeal after appeal."  That comment effectively lessened 
the burden of the jurors, and turned the concept of reasonable doubt 
and presumption of innocence on its head.  Claim 29 is about the bias 
and incredible racism of Judge Albert Sabo, the trial 
judge.  Unfortunately, it is limited to his conduct at the 1995 
evidentiary (PCRA) hearing, rather than his monstrous behavior at 
trial.  This restriction is because all of the prior attorneys 
mistakenly did not attack Sabo's misconduct at trial, an unfortunate 
oversight and mistake

The court has also issued a briefing schedule.  The case is now on 
the fast track, as I have been predicting.  The opening briefs are 
due to be filed by January 17, 2006.

Please post this e-mail and the attached Order on your web sites, and 
circulate it.

Today we achieved a great victory in the campaign to win a new trial 
and the eventual freedom of Mumia.

Your support, and activism, is badly needed and appreciated.

With best wishes,

Robert R. Bryan
=============
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123

Lead counsel for Mumia Abu-Jamal




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