[Ppnews] New Court Filing for Mumia

PPnews at freedomarchives.org PPnews at freedomarchives.org
Thu Jun 30 13:34:46 EDT 2005


Please note the Court Filing that is referenced here will be posted at
www.freemumia.com.

best, Prison Radio

--------------------------------------


From: RobertRBryan at aol.com
Subject: Mumia Abu-Jamal - Motion for Certificate of Appealability, US
Court of Appeals
Date: Thu, 30 Jun 2005 04:20:19 EDT

Dear Friends:

Attached is the Supplemental Motion for Certificate of  Appealability
prepared on behalf of Mumia.  It is being expressed this  morning to the
U.S. Court of Appeals for the Third Circuit, Philadelphia, for  filing
tomorrow, July 1.

To date only one habeas corpus claim has been certified for review by
the Court of Appeals, i.e., Claim 16 which concerns the prosecution's
systematic use of peremptory strikes to remove people of color from
sitting on the jury.

The purpose of this latest motion is to seek expansion of the issues
considered  on appeal.  Those we are presenting are:

Claim  6  Petitioner's  Appointed Attorney Was Prejudicially Ineffective
For Failing To Prepare For  Trial, Investigate The Case, Retain And
Consult Essential Experts, and Present  Available Defenses
Claim  11  The  Trial Court Deprived Petitioner Of His Right To
Self-Representation Claim  12  The Court Forced Removal  Of Petitioner
 >From Significant Portions Of His Capital  Trial Claim  13  Petitioner
Was Denied His  Right To Self-Representation And His Right To A Public
Trial When He Was  Excluded From Two In Camera Conferences Claim  29
The Trial Judge Was Biased  Against Petitioner Resulting in a
Deprivation of His Right To a Fair Trial and  Due Process Of  Law

These  are extremely complicated issues from both a legal and factual
viewpoint.   However, it all boils down to the fact that Mumia did not
receive a fair   trial.  The jury heard essentially only one side of the
case.   Further, the trial occurred in an environment of great
hostility, racism, and  prejudice.

What occurred in the 1982 trial in Philadelphia violated  the very
essence of Mumia's right to a fair trial, due process of law, and equal
protection of the laws guaranteed by Amendments 5, 6 and 14 of the U.S.
Constitution.

The  struggle to overturn the murder conviction, secure a new trial, and
win Mumia's freedom has been long and difficult.  I recall when Mumia
and I first corresponded nearly two decades ago, and then met.  What was
true  then remains true today: it is an outrage that Mumia remains is in
prison.   Even though in the worst of all places, death row, his spirits
have not  dampened.  His weekly commentaries that are heard by so many
throughout the  world, are a testament to Mumia's overriding concern for
the welfare of  others.

I have  faith that we will succeed in righting this terrible wrong.  We
can win.

Your  ongoing support for Mumia is 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

The Freedom Archives
522 Valencia Street
San Francisco, CA 94110
(415) 863-9977
www.freedomarchives.org 
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