[Ppnews] Mumia Abu-Jamal - Legal Update

[Political Prisoner News]

Dear Friends:

We continue to await a decision from the U.S. Court of Appeals for the
Third Circuit, Philadelphia, concerning my client, Mumia Abu-Jamal.  This
complex case was orally argued before a three-judge panel on May 17, 2007,
following extensive litigation which included voluminous briefing and
motions.  In my experience of successfully defending a large number of
murder cases involving the death penalty, it was a great day.

It is impossible to know what the federal court ruling will be.  If the
judges follow the law and fairly apply the U.S. Constitution, we will win.
  As to when, long ago I projected a decision would be forthcoming this
fall; it could come any day.  One thing is certain: whomever loses will
seek a rehearing and petition the U.S. Supreme Court.

I have previously described the different rulings that the federal court
could make. Nevertheless some people have recently sent out e-mail
containing false information.  Contrary to their claim, the federal court
cannot impose a sentence of "life in prison without parole".  Only a jury
verdict could result in such an outcome, unless in the event of a penalty
reversal the prosecution elected not to seek the death penalty.  Likewise
the court unfortunately cannot order that Mumia be released, for that
would require a new guilt-phase jury trial and a favorable verdict which
is certainly our goal.  To once more clarify the legal situation, the
scenarios of how the U.S. Court of Appeals might rule include:

   a. Grant an entirely new jury trial of the guilt phase;
   b. Order a new jury trial limited to the issue of life or death;
   c. Remand the case back to the U.S. District Court for further
proceedings; or
   d. Deny all relief.

Racism, fraud, and politics are threads that have run through this case
since Mumia's 1981 arrest. The issues in this matter concern the right to
a fair trial, the struggle against the death penalty, and the political
repression of an outspoken journalist.

Mumia's objective is a reversal of the murder conviction and death
sentence, and the granting of an entirely new trial.  At the end of that
jury trial I expect to win and see my client freed so that he can finally
go home to his family.

Thank you for your interest in this campaign for human rights.

Yours very truly,

Robert R. Bryan

Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117

Lead counsel for Mumia Abu-Jamal



Freedom Archives
522 Valencia Street
San Francisco, CA 94110

415 863-9977

www.Freedomarchives.org  
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://freedomarchives.org/pipermail/ppnews_freedomarchives.org/attachments/20070910/78f4545e/attachment.htm>