<html>
<body>
<font size=3><br><br>
</font><font face="Helvetica, Helvetica" size=3><b>From:
</b><a href="mailto:RobertRBryan@aol.com">RobertRBryan@aol.com</a><br>
<b>Date: </b>December 6, 2005 5:27:10 PM PST<br>
<b>To: </b>undisclosed-recipients:;<br>
<b>Subject: Mumia Abu-Jamal - Decision, U.S. Court of Appeals <br><br>
</b></font><font face="Arial, Helvetica" size=2>Dear Friends and
Supporters:<br>
<br>
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:
<ul>
<li><u>Claim 14</u>: Whether appellant was denied his
constitutional rights due to the prosecution’s trial summation.
<li><u>Claim 16</u>: Whether the Commonwealth’s use of peremptory
challenges at trial violated appellant’s constitutional rights under
<i>Batson v. Kentucky</i>, 476 U.S. 79 (1986).
<li><u>Claim 29</u>: Whether appellant was denied due process during
post-conviction proceedings as a result of alleged judicial bias.
</ul>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<br>
<br>
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.<br>
<br>
Please post this e-mail and the attached Order on your web sites, and
circulate it.<br>
<br>
Today we achieved a great victory in the campaign to win a new trial and
the eventual freedom of Mumia.<br>
<br>
Your support, and activism, is badly needed and appreciated.<br>
<br>
With best wishes,<br><br>
Robert R. Bryan<br>
=============<br>
Law Offices of Robert R. Bryan<br>
2088 Union Street, Suite 4<br>
San Francisco, California 94123<br>
<br>
Lead counsel for Mumia Abu-Jamal<br><br>
<br><br>
</font><x-sigsep><p></x-sigsep>
<font size=3 color="#FF0000">The Freedom Archives<br>
522 Valencia Street<br>
San Francisco, CA 94110<br>
(415) 863-9977<br>
</font><font size=3>
<a href="http://www.freedomarchives.org/" eudora="autourl">
www.freedomarchives.org</a></font></body>
</html>