[Pnews] An Update From Mumia Abu Jamal's Lawyers

Prisoner News ppnews at freedomarchives.org
Wed Aug 17 13:11:34 EDT 2016


An update on both Mumia Abu-Jamal's criminal conviction appeal and his 
medical care case, Abu-Jamal vs. Kerestes.

*Court action has potential to re-open Mumia's criminal conviction!*

On August 7th, Mumia Abu-Jamal filed an appeal based on a U.S. Supreme 
Court case decided in June. In a startling 5-3 decision (Williams v. the 
Commonwealth of PA), the U.S. Supreme Court held that former DA and 
retired Pennsylvania Chief Justice, Ronald D. Castille violated death 
row inmate Terence "Butter" Williams' 5th Amendment due process rights 
when he refused to remove himself from Williams' appeal.   This Supreme 
Court precedential ruling calls into direct question the validity of 
Mumia Abu-Jamal criminal conviction, and the denial of his appeals. 
Ronald D. Castille was a senior district attorney while Mumia's case was 
being tried.  He was also the District Attorney of Philadelphia during 
Mumia's direct appeals, and in addition while serving on the PA Supreme 
Court he rejected a recusal motion filed by Mumia's defense. Click here 
for the brief 
<http://prisonradio.us10.list-manage2.com/track/click?u=247585f092e945ff55b9a1bb2&id=cba436552d&e=b26148be22> filed 
by Judith Ritter, Esq. & Christina Swairns Esq.

*/Abu-Jamal vs. Kerestes/ hep C ruling overdue*

We are waiting for Judge Mariani's ruling on the preliminary injunction. 
  Stay tuned. Mariani will decided if Mumia receives immediate 
life-saving care or if he will be denied the cure. According to the PA 
DOC Mumia is not yet sick enough to get treatment for his illness.  This 
case seeks treatment and redress for chronic hepatitis C which led to 
Mumia's hospitalization and near death in March of 2015.   Here is a 
brief summary of where the case stands from his lawyers:

/"...On Friday, August 5,  Judge Mariani issued three decisions on 
various motions to dismiss by defendants. These decisions do not impact 
the merits of our motion for preliminary injunction for hepatitis C 
treatment, which is still pending before the court.   The main decision 
of Judge Mariani is that we need to refile an amended complaint alleging 
more specific facts of personal involvement of defendants Kerestes, 
Steinhart, and Oppman to bring our medical care claims, including the 
hepatitis C claims, against them. We have 14 days to do this and are 
already working on it. Next, the medical center Geisinger was dismissed 
because Mumia has been transferred from Geisinger and is no longer 
subject to its authority. The judge held his claim against Geisinger as 
moot. However, he permitted the same First Amendment association claim 
(based on the prohibition on visits and communication with his 
attorneys, wife and family during his May 2015 hospitalization) to 
proceed against defendant Kerestes.  We are putting together the amended 
complaint now and still waiting on the decision on the preliminary 
injunction. We have no idea why it is taking this long to rule on, 
though the judge has a reputation for moving slowly, apparently a very 
well-earned reputation... "/ Bret Grote, Esq. (Abolitionist Law Center) 
& Robert Boyle Esq.

There have been numerous rulings and filings in the case, many of which 
we have posted at Mumia 101 
<http://prisonradio.us10.list-manage.com/track/click?u=247585f092e945ff55b9a1bb2&id=555ef4fe86&e=b26148be22>. 


Cuando luchamos ganamos, When We Fight, We Win

Noelle Hanrahan, Director
http://www.prisonradio.org/ info at prisonradio.org 
<mailto:info at prisonradio.org>
-- 
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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