[Pnews] Crushing Blow: New Trial Denied to Mumia Abu-Jamal

[Prisoner News]

Common Pleas court Judge Lucretia Clemons denied Mumia Abu-Jamal’s 
<https://prisonradio.us10.list-manage.com/track/click?u=247585f092e945ff55b9a1bb2&id=7bce53871d&e=b26148be22> 
request for a new trial on Friday 4:08 pm.

This is simply devastating news.

After 41 years in prison, Mumia Abu-Jamal has exhausted nearly all of 
his avenues for relief. What lies ahead are years of appeals through the 
prosecutor-packed appellate courts, and our continued resistance.

Make no mistake: Justice required that Mumia Abu-Jamal be given a new 
trial.  Everyone in Philadelphia knows that his trial judge Judge Albert 
Sabo was a stone cold racist. Everyone knows that witnesses were 
bribed.  Judge Lucretia Clemons stated that even if the jurors KNEW 
witnesses were bribed, it would not have affected their decision. Now, 
come on. Really? Clemons' decision undermines any examination of 
the tradition and legacy of systemic racism in the courts, the DA's 
office, and the roundhouse (Police Admin Building).

The enemy now is time. At 68 years old Mumia is suffering from cardiac 
disease and has had a double bypass, and nearly died from lack of 
treatment for acute Hepatitis C.

If you put thick blinders on that block out all reality and rely on 
procedural minutia for cover, as judge Clemons did, honestly, it is 
still impossible to avoid the scorchingly blatant racism of trial Judge 
Albert Sabo, Assistant District Attorney Joseph McGill, Mayor and former 
police chief Frank Rizzo, District Attorney during Mumia’s trial Ed 
Rendell, and Ron Castille, DA and former Pennsylvania Supreme Court 
Justice.

<https://prisonradio.us10.list-manage.com/track/click?u=247585f092e945ff55b9a1bb2&id=495372c0d6&e=b26148be22>

*Striking Blacks from the Jury*

Judge Clemons stated that she was dismissing the claim of striking Black 
jurors on procedural grounds- dismissing Mumia's claim about the 
prosecutor excluding Black people from the jury, without addressing the 
merits of the claim. One only has to look at the McMann training tapes 
<https://prisonradio.us10.list-manage.com/track/click?u=247585f092e945ff55b9a1bb2&id=ccb3e38ec5&e=b26148be22> 
that were made by the Philadelphia DA’s office which instructed 
prosecutors how to strike Black jurors. The tapes were made after 
Mumia’s trial, but they document the practice which was the norm in the 
office.

*Paying Witnesses to Lie*

Additionally, there's the note from supposed “eye witness” Robert 
Chobert that asked prosecutor McGill after the trial “where is the money 
that is owed to me?” This note was scrubbed from any filings and buried 
by the prosecution for 40 years. This dramatic “Brady evidence” 
previously unavailable to the defense, was dismissed by the Judge in her 
written opinion as not “being material.” Meaning it would not have 
affected any jurors decision if they knew! Underlying this is the 
wholesale adoption of the credibility determinations of the original 
trial court Judge Albert “I am going to help them fry the n---word” 
Sabo.  It allows his racist tainted rulings to stand.

Judge Clemons also dismissed records from prosecutor McGill that 
extensively track and monitor another key prosecution witness, Cynthia 
White, who’s pending criminal cases were ALL were dropped by the 
prosecution following her testimony.

What Judge Lucretia Clemons ignored- new evidence of prosecutorial 
misconduct filed in February 2023 by Mumia's legal team:

  * Mumia's lawyers were first made aware of this information in
    Februrary 2023: The District Attorny had in its “Mumia file” a
    *preliminary hearing transcript for Cynthia White from 1987*. This
    document reveals explicit favorable treatment in exchange for
    Cynthia testifying falsely against Mumia. Cynthia White (a purported
    eye witness to the killing of Officer Danny Faulkner) was charged
    with /grand theft auto and felony assault with a deadly weapon.
    /Though found in the stolen car with the keys, she was not taken
    into police custody. The victim told the court that the cops did not
    arrest her or take away the knife she threatened him with.  This
    transcript clearly indicates that she was “working” as a prostitute
    with police protection after she testified against Abu-Jamal. It is
    all there in black and white.  In addition, a Philadelphia Police
    Department homicide detective, Douglas Culbreth, asked the court to
    release her on own recognizance- because she was a witness in a high
    profile case. She had 17 previous failures to appear and the court
    speculated hundreds of arrests. The detective tried to have the
    conversation off the record, but the judge told him – “if you have
    something to say in my courtroom you will say it in open court.”
    Judge Clemons ignored this evidence of witness bribery, race based
    jury selection, prosecutorial misconduct, and evidence that should
    have been provided to Mumia 41yrs ago.

We continue. We will fight, and Mumia will be free.

/"It’s heartbreaking... Mumia is a scholar, he is a good dude who is 
being framed up by Philadelphia for a murder he didn't commit … the 
Judge knows this, the prosecution knows this, and it really saddens me 
that they won’t give my grandfather the freedom that he deserves" - 
Jamal Jr. on Black Power Media 
<https://prisonradio.us10.list-manage.com/track/click?u=247585f092e945ff55b9a1bb2&id=7f2ed2c05c&e=b26148be22>/

/"Mumia is the community, Mumia is the world movement, Mumia is the 
heartbeat  when we talk about revolutionary thinkers, and you know, 
Mumia represents all that are in prison. Mumia's story as a political 
prisoner is the story of your family members and your friends who are 
being held behind bars from a racist system. So we're not stopping , 
we're not stopping at all." - Jamal Jr. on Black Power Media 
<https://prisonradio.us10.list-manage.com/track/click?u=247585f092e945ff55b9a1bb2&id=0741b4a242&e=b26148be22>/ 


Cuando luchamos ganamos,
When We Fight, We Win

Noelle Hanrahan, Esq. P.I.
Prison Radio Legal Director

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