[Pnews] New Evidence of Innocence Spurs 2 Court Filings for Mumia Abu Jamal

Prisoner News ppnews at freedomarchives.org
Mon Sep 9 12:42:42 EDT 2019


https://mobilization4mumia.com/

PRESS RELEASE

NEW EVIDENCE OF INNOCENCE SPURS TWO COURT FILINGS FOR MUMIA ABU-JAMAL

September 9, Philadelphia -  The struggle to free unfairly-convicted 
Mumia Abu-Jamal took a significant step forward on Sep. 3 when his 
attorneys submitted two documents to PA Superior Court .

Judith L Ritter, Widener University-Delaware Law School, and Samuel 
Spital, NAACP Legal Defense & Educational Fund, Inc. released this 
statement: “This week, Mumia Abu-Jamal filed a brief in PA Superior 
Court to support his claim that his 1982 trial was fundamentally unfair 
in violation of the Constitution.  For example, he argues that the 
prosecution failed to disclose evidence as required and discriminated 
against African Americans when selecting the jury. And, his lawyer did 
not adequately challenge the State’s witnesses.

Mr. Abu-Jamal also filed a motion containing new evidence of 
constitutional violations such as promises by the prosecutor to pay or 
give leniency to two witnesses. There is also new evidence of racial 
discrimination in jury selection.”

Abu-Jamal has always said he is innocent and the new documents go a long 
way in supporting his case, undermining police and prosecution claims of 
how Philadelphia police officer Danny Faulkner was killed.

The filings are in response to the Dec 27, 2018 decision by Court of 
Common Pleas Judge Leon Tucker reinstating Post Conviction Relief Act 
(PCRA) petitions for the defendant. Tucker ruled Justice Ronald Castille 
unconstitutionally participated in deciding the appeals in the 
Pennsylvania Supreme Court after denying Mr. Abu-Jamal’s motions asking  
for his recusal, creating an appearance of judicial bias.

The “BRIEF FOR APPELLANT” in support of his struggle to gain his freedom 
after 37 years in PA prisons re-opens the PCRA petitions as ordered by 
Tucker..

The “APPELLANT’S MOTION FOR REMAND TO THE COURT OF COMMON PLEAS TO 
CONSIDER NEWLY DISCOVERED EVIDENCE” ask the Superior Court that the case 
be sent back to the Court of Common Pleas  “so that he may present newly 
discovered evidence.”

Among the arguments resubmitted in the “BRIEF FOR APPELLANT”:

Ineffective Assistance of Counsel -- Failure to make right argument 
because counsel did not know the law.

Brady Violation -- DA Withheld Evidence. Namely that Prosecutor said 
that he would look into reinstating the driver's license of key witness, 
Robert Chobert;

Rights Violation of 5th, 6th, and 14th Amendments -- DA manipulated key 
witness to falsely identify Abu-Jamal as the shooter.

Ineffective Assistance of Counsel -- Failure to retain ballistics expert 
when the trial counsel knew Officer Faulkner was killed by a .44 caliber 
bullet even though it was known Abu-Jamal’s firearm was not a .44 weapon.

Batson -- Discrimination in jury selection that kept Black jurors from 
being sworn in.

Juror Misconduct - Several jurors violated court rules by conducting 
premature discussions, creating potential for prejudgment of evidence.

Basym Hassan, Philadelphia political activist, said: “The district 
attorney clearly violated Mumia’s constitutional rights by withholding 
clear evidence that should have been exposed from the beginning. 
Throughout the entire process of Mumia’s approaching the scene up until 
today’s current developments, the law has not been applied as it was 
created - to get to the truth of a matter. Hopefully, Mumia will get a 
re-trial and the truth will finally get told. We await his release from 
hell.”

Cindy Miller, Food Not Bombs - Solidarity and Mobilization for Mumia 
reminds us: ”Does everybody remember on December 28, when current 
Philadelphia District Attorney Larry Krasner and his staff happened to 
find six boxes of evidence that had not beforehand been shown? That 
evidence is partly the reason for this new motion.“

The “APPELLANT’S MOTION FOR REMAND TO THE COURT OF COMMON PLEAS TO 
CONSIDER NEWLY DISCOVERED EVIDENCE” Miller refers to includes the 
suppression of evidence of improper prosecutorial interactions with the 
state’s main two witnesses that were instrumental in ensuring 
Abu-Jamal’s conviction. The motion charges that “Abu-Jamal’s capital 
trial was fundamentally unfair and tainted by serious constitutional 
violations. Mr. Abu-Jamal respectfully requests that this Court remand 
the case to the Court of Common Pleas so that Mr. Abu-Jamal may litigate 
the claims arising from this new evidence.”

Pam Africa: “Here’s another example of why Mumia shoulda been home - an 
example of police and prosecutorial misconduct. That evidence has been 
there for years. It shoulda been in trial records but it was hidden. 
What else is hidden besides the few things that we have right here.”

MOVE 9 member Eddie Africa said: “If they deal with this issue honestly, 
they’ll have to release him because they know what they did was wrong.”

Mumia, 65 years old, remains in SCI Mahanoy in poor health, suffering 
from severe itching and cirrhosis of the liver. He recently had cataract 
surgery in his left eye and is awaiting surgery in his right eye. He 
also has glaucoma.

Janine Africa, from the MOVE 9, said: “I just got released from prison 
after 41 years in May. I want to say everyone work hard to bring Mumia 
home so he can be taken care of and get proper medical care, and he 
don’t deserve to be in jail from the beginning.”

Mike Africa Jr added: “The pressure of the people, and of the power of 
the people is squeezing the evidence of Mumia’s innocence out. We shall 
win.”

________________________________________

Mobilization4Mumia at gmail.com <mailto:Mobilization4Mumia at gmail.com>

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