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</font><tt><font size=6>Legal Update – April 2006</font> <br>
International Concerned Family & Friends of Mumia Abu-Jamal <br>
icffmaj@aol.com | 215-476-8812 |
<a href="http://www.mumia.org/" eudora="autourl">www.mumia.org</a>
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</tt><font size=3><b>Ona Move!</b> 2006 marks the <b>25th year of the
incarceration </b>of Black journalist, former Black Panther, father, and
grandfather Mumia Abu-Jamal. Mumia remains on death row in
Pennsylvania for a crime he did not commit, and the state of Pennsylvania
continues to actively seek his legal lynching despite international
support and evidence of his innocence. <br><br>
In December 2005, the United States Court of Appeals for the Third
Circuit agreed to review two additional issues raised on federal habeas
corpus and in a subsequent appeal. <b>The Court is now considering
a total of four issues, three of which could lead to a new trial for
Mumia and his ultimate release.</b> These three constitutional
issues address 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 United States Constitution. <br><br>
In addition to their constitutional significance, the three issues
currently before the Third Circuit also have another factor in common:
<b>bias</b>. These issues shed light on the prosecutorial and
judicial misconduct which occurred at Mumia’s original trial in 1982 and
during post-conviction proceedings, which were presided over by the
original trial judge, Albert Sabo, who was overheard by a court
stenographer to have said during a trial recess: <b>“I’m going to help
them fry the nigger.” </b>These issues relate to Prosecutor McGill’s
prejudicial jury summation that Mumia would have “appeal after appeal;”
the unconstitutional use of peremptory challenges to exclude Blacks from
serving on Mumia’s jury; and, the impact of Sabo’s racism on Mumia’s
rights to due process during post-conviction proceedings where the
defense offered evidence of coerced witnesses, questionable confessions,
and faulty ballistics which was callously disregarded and illegally
denied. <br><br>
The fourth issue before the Court is whether Mumia will get the benefit
of a “<u>Mills</u> challenge” to his death sentence: that it is
unconstitutional for jury instructions during sentencing to lead jurors
to believe they cannot vote against the death penalty unless they all
agree on the mitigating evidence which does not support a death sentence.
<br><br>
April 24, 2006 also marks the <b>tenth anniversary of the Anti-Terrorism
& Effective Death Penalty Act (AEDPA)</b>, which was signed into law
on Mumia’s birthday. The AEDPA is significant for two reasons: (1)
it dramatically limited federal habeas corpus by reducing the filing
deadline for habeas claims and narrowing the issues which can be reviewed
by the courts; and, (2) it amended Section 212(c) of the Immigration and
Nationality Act increasing the likelihood of deportation for any
immigrant with virtually any criminal conviction that constitutes a
ground of deportation: any aggravated felony, any controlled substances
offense, any firearm offense, or any two crimes involving more turpitude
w/sentences exceeding one year. <br><br>
<b>Why is this important?</b> The AEDPA was touted as legislation
that would “improve the fair and timely review of state court judgments
by the federal courts” and “control illegal immigration,” but ten years
later Congress is AGAIN reviewing BOTH federal habeas and immigration
policies in an effort to further curtail basic human rights.
<b>Current pending federal legislation</b> (S. 1088 + H.R. 3035) is
looking to further “streamline” federal habeas corpus to make it <b>even
more difficult</b> for the innocent/wrongly convicted to obtain relief in
the courts <b>at the same time</b> H.R. 4437 and other legislative
proposals seek to make it <b>even easier</b> to deport more people, take
away more rights from immigrants facing deportation, and make it harder
for immigrants to become citizens of the United States -- a country
started by settlers on indigenous land! <br><br>
<b>Mumia is ALL OF US</b>, and we must continue to fight for peace and
justice against racism, discrimination, war, and death! On <b>April
29, 2006</b>, there will be an honoring ceremony outside of the city of
Paris -- whose city council voted Mumia an honorary citizen in 2001,
shortly before Judge Yohn’s federal habeas decision which is now pending
before the Third Circuit -- in the town of St. Denis, where they have
constructed a thoroughfare leading into the largest arena in France: the
Nelson Mandela Stadium. <b>La Rue Mumia Abu-Jamal </b>will serve as
a constant reminder of the work of the PEOPLE on behalf of the voice of
the voiceless. <b>Liberte pour Mumia! Freedom now for our
innocent freedom fighter on death row! </b>Join our call for a simple
demand for justice! <b>Help us bring our brother home THIS 25th year!
<br>
Ona move!</b> <br><br>
<br>
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(415) 863-9977<br>
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