[Ppnews] Latested Brief on Mumia from Robert Bryan

Political Prisoner News ppnews at freedomarchives.org
Mon Jul 24 12:18:30 EDT 2006



Legal Update and Latest Brief on Mumia
from Attorney Robert Bryan

Dear Friends:

On July 20, 2006 we filed the Brief of Appellee and Cross Appellant, Mumia
Abu-Jamal, in the U.S. Court of Appeals for the Third Circuit,
Philadelphia. (Abu-Jamal v. Horn, U.S. Ct. of Appeals Nos. 01-9014,
02-9001.) This brief is of great significance concerning my client's right
to a fair trial, due process of law, not to be subjected to cruel and
unusual punishment, and equal protection of the law, guaranteed by the
Fifth, Sixth, Eighth and Fourteenth Amendments to the U.S. Constitution.
The issues the court is hearing are:

Claim 14 Whether Mr. Abu-Jamal was denied the right to due process of law
and a fair trial because of the prosecutor's "appeal-after-appeal"
argument which encouraged the jury to disregard the presumption of
innocence and reasonable doubt, and err on the side of guilt.

Claim 16 Whether the prosecution's exclusion of African Americans from
sitting on the jury violated Mr. Abu-Jamal's rights to due process and
equal protection of the law , and contravened Batson v. Kentucky, 476 U.S.
79 (1986).

Claim 25 Whether the verdict form and jury instructions that resulted in
the death penalty deprived Mr. Abu-Jamal of the right to due process of
law, equal protection of the law, and not to be subjected to cruel and
unusual punishment, and violated Mills v. Maryland, 486 U.S. 367 (1988),
since the judge precluded the jurors from considering any mitigating
evidence unless they all agreed on the existence of a particular
circumstance.

Claim 29 Whether Mr. Abu-Jamal was denied due process and equal protection
of the law during post-conviction hearings as the result of the bias and
racism of Judge Albert F. Sabo which included the comment that he was
"going to help'em fry the nigger."

The National Lawyers Guild, and, the NAACP Legal Defense and Educational
Fund, Inc., will be filing separate amicus curiae (friend of the court)
briefs in the near future. This should strengthen our quest to see justice
done.

It is a is a remarkable accomplishment that the court is hearing issues
that go to the very essence of Mr. Abu-Jamal's right to a fair trial. This
is the first time that any court has made a ruling that could lead to a
new trial and freedom. Nevertheless, he remains on Pennsylvania's death
row and in great danger.

Mr. Abu-Jamal, the "voice of the voiceless," is a powerful symbol in the
international campaign against the death penalty and for human rights. The
goal of Professor Judith L. Ritter, associate counsel, and I is to see
that the many wrongs which have occurred in this case are righted and that
this brave man is freed.

Your support and concern 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

To download the legal brief:
http://www.thejerichomovement.com/images13/07-20-06.pdf
(This is a 124-page, 5.5M document, so be PATIENT! We didn't attach
because the document is too large to do so.)



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