[Ppnews] NAACP Files Brief Supporting Mumia Abu-Jamal

Political Prisoner News ppnews at freedomarchives.org
Mon Jan 8 08:51:39 EST 2007


From: icffmaj at aol.com
Sent: Sunday, January 07, 2007 10:13 AM
Subject: [icffmaj] NAACP Files Brief Supporting Mumia Abu-Jamal by Hans
Bennett


NAACP Files Brief Supporting Mumia Abu-Jamal
--Condemns racism in black death-row prisoner's original trial
by Hans Bennett

"The blacks from the low income areas are less likely to convict.  There's
a resentment for law enforcement and a resentment for authority....you
don't want those people on your jury, let's face it."

In an official 1986 Philadelphia District Attorney training video for new
prosecutors(which publicly surfaced in 1997), veteran DA prosecutor Jack
McMahon lectured in support of removing Blacks from jury panels.
Explicitly recognizing this practice's illegality, McMahon explained that
"the law" calls for a "'competent, fair, and impartial jury.'  Well,
that's ridiculous.  You're not trying to get that."

If any of these new prosecutors refused to act as such, McMahon warned
them that they'd lose their job: "If you're going to be some noble civil
libertarian...You'll lose and you'll be out of office; you'll be doing
corporate law...You're there to win...and the only way to do your best is
to get jurors that are as unfair and more likely to convict than anybody
else in that room."

Because of the illegality, McMahon recommended practical ways to conceal
race-conscious jury selection.  Describing one technique, he said, "when
you do have a black juror, you question them at length.  And on this
little sheet of paper that you have, mark something down so that you can
articulate later if something happens...And then you can say, 'Well the
woman had a kid about the same age as the defendant and I thought she'd be
sympathetic to him' or 'She's unemployed and I just don't like unemployed
people...'  So sometimes under that line you may want to ask more
questions of those people so it gives you more ammunition  to make an
articulable reason as to why you are striking them, not for race."

NAACP Supports Batson Claim
While perhaps the most striking, the McMahon videotape is just one piece
of evidence cited by the NAACP Legal Defense Fund's Amicus Curiae (friend
of the court) brief filed this summer in support of death-row prisoner
Mumia Abu-Jamal's appeal--currently at the federal Third Circuit Court of
Appeals.

http://www.naacpldf.org/content.aspx?article=957

The NAACP brief focuses on Abu-Jamal's Batson claim--one of four issues
currently before the 3rd Circuit Court.   "Certified for appeal" by
federal District Court Judge William Yohn in 2001, the Batson claim
addresses the prosecution's use of peremptory challenges to exclude Blacks
from Abu-Jamal's jury.  In 1986, the US Supreme Court ruled in Batson v.
Kentucky that a defendant deserves a new trial if it can be proved that
jurors were excluded on the grounds of race.  Most importantly, the Batson
ruling significantly lowered the defendant's burden of proof.

The NAACP argues that "when viewing the facts of Mr. Abu-Jamal's case
through the lens of Batson's true history and purpose, it becomes
abundantly clear that he has set forth a prima facie case of
discrimination."  While DA prosecutor McGill's conduct "strongly suggested
discriminatory intent," other evidence "strongly suggests" that this same
discrimination "was common practice," throughout the DA's office.

At Abu-Jamal's trial, McGill used 11 of his 15 peremptory challenges to
remove black jurors that were otherwise acceptable. While Philadelphia is
44% black, the jury was composed of ten whites and only two blacks.

The NAACP cites a survey of homicide cases tried by McGill from Sept.,
1981 to Oct., 1983, showing that "the odds that Mr. McGill would
peremptorily challenge an African-American potential juror were 8.47 times
greater than for non-black jurors."

 From 1977-1986 (when current Pennsylvania governor Ed Rendell was DA),
Philadelphia DA prosecutors struck 58% of black jurors, but only 22% of
white jurors.

"I'm Going To Help Them Fry The N----r"
In 2001 another witness--Terri Maurer-Carter--challenged the 1982 trial's
fairness, but the State Supreme Court ruled against the defense's right to
include her affidavit in their current federal appeal.  Maurer-Carter was
working as a stenographer in the Philadelphia Court system on the eve of
Mumia's 1982 trail when she states that she overheard presiding Judge
Albert Sabo say in reference to Mumia's case that he was going to help the
prosecution "fry the n----r."

Journalist Dave Lindorff recently interviewed Maurer-Carter's former boss,
Richard Klein, who was with Maurer-Carter when she states she overheard
Sabo.  A Philadelphia Common Pleas Court judge at the time, who now sits
on PA's Superior Court, Klein told Lindorff: "I won't say it did happen,
and I won't say it didn't.  That was a long time ago."  Lindorff considers
Klein's refusal to firmly reject Maurer-Carter's claim to be an
affirmation of her statement.

The State Supreme Court ruling was an affirmation of lower-level Judge
Patricia Dembe's argument that even if Maurer-Carter is correct about
Sabo's stated intent to use his position as Judge to throw the trial and
help the prosecution "fry the n----r," it doesn't matter.  According to
Dembe, since it "was a jury trial, as long as the presiding Judge's
rulings were legally correct, claims as to what might have motivated or
animated those rulings are not relevant."

Last Chance For a New Trial?
In 1982, Abu-Jamal was convicted of first-degree murder and sentenced to
death for allegedly killing white police officer Daniel Faulkner.  Citing
an unjust conviction, millions around the world have since demanded a new
trial for the black journalist and political activist.

Abu-Jamal's long list of international supporters now includes the
Japanese Diet, the European Parliament, and members of both the British &
German Parliaments.  In the US, the National Black Caucus of State
Legislators recently joined the NAACP in condemning the death penalty and
calling for a new trial: "The continued unjust incarceration of Mumia
Abu-Jamal represents a threat to the civil rights of all people."

In 2001 Judge Yohn affirmed Abu-Jamal's guilt but overturned the death
sentence.  Abu-Jamal is appealing the guilty verdict.  Because the DA
appealed Yohn's death penalty decision, he never left death row, and is
still unable to have such "privileges" as full-contact visits with his
family.

If the penalty ruling is overturned, a new execution date will be set.  If
its upheld, the DA can still impanel a new jury to rehear the penalty
phase, which could then sentence him to death--regardless of the 3rd
Circuit ruling.

In December, 2005, the 3rd Circuit began deliberations and shocked many by
agreeing to consider two claims not "certified for appeal" by Yohn in
2001.  Abu-Jamal's attorney Robert R. Bryan declared it to be "the most
important decision affecting my client since his 1981 arrest, for it was
the first time there was a ruling that could lead to a new trial and his
freedom."

Oral Arguments Expected Any Month
After a year of each side filing reply briefs before the court, the 3rd
Circuit Court is now expected to hold public oral arguments any month.
Supporters of Abu-Jamal are organizing and applying pressure
internationally in their call for a new trial.

Despite the renewed hope among Abu-Jamal's supporters that the 3rd Circuit
will grant a new trial, Pam Africa (coordinator of Abu-Jamal's
international support network) is somberly cautious.  Africa emphasizes
that "Mumia can still be executed.  Further, since the Supreme Court is
unlikely to hear Mumia's case, this is realistically his last chance to
get a new trial.  As the history of his case shows, we need public
pressure to ensure the court's fairness."

"I believe Mumia is innocent and am personally calling for his immediate
release," Africa said.  "However, I'll work with anyone supporting a fair
trial.  By demanding a new trial, we can work with those who know the
trial was rotten but are unsure of Mumia's innocence.  Mumia's case
represents all that is wrong with this system.  We must take action now
before it's too late!"


This article is the latest article in Philadelphia-based photojournalist
Hans Bennett's new series on Abu-Jamal being published in the months
leading up to the oral arguments before the Third Circuit Court of
Appeals.  The "Voice of the Voiceless" series presents a review of the new
German book on Abu-Jamal's case, an interview with Peter J. Wirs (who is
filing criminal charges against French cities supporting Mumia), a legal
update, and more.  Check it out at:
http://hbjournalist1.googlepages.com/ms

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