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From: "Sis. Marpessa" <nattyreb@gmail.com><br><br>
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NOTE from Sis. Marpessa: Here's a link to excerpts of Ass't DA
McMahon's training video:
</font><a href="http://www.youtube.com/watch?v=rv9SJPa_dF8">
<font face="Arial, Helvetica" size=3>
http://www.youtube.com/watch?v=rv9SJPa_dF8</a><br><br>
Check that short piece out (57 secs), and then please re-read this piece
Bro. Mumia wrote last year:<br><br>
</font>Beating Back Batson<br>
[col. writ. 9/6/08] (c) '08 Mumia Abu-Jamal<br><br>
For those who read court opinions, few can ignore the U.S. Supreme
Court's 1986 Batson v. Kentucky decision.<br><br>
Essentially, it prohibited the State from removing Black jurors for
racial reasons. It re-wrote the rules from the Swain v. Alabama ( 1965)
case, where the court required systematic discrimination over a number of
cases, over a period of years. Needless to say, such a challenge was
clearly beyond the resources of most people, and relatively few were
made, and even fewer successful. It is hard to resist the suspicion that
this was merely judicial lip service to a principle that was easily
ignored, in the breach.<br><br>
For, it took over a generation, over 20 years, for Swain to be overruled
by Batson, and now, Batson is beginning to bear an eerie resemblance to
its unworkable parentage, because courts have been loathe to grant
relief, and have either created new rules, or simply ignored its
dictates.<br><br>
We see this at work recently in a number of cases, among them Com. v.
(Robert) Cook, WL 284060 (July 24, 2008). In this case, the DA used 74%
of his strikes to remove 14 Black jurors. Incredibly, the Phila. Court of
Common Pleas initially found that even this didn't constitute a prima
facie case of discrimination. Later, it found a prima facie case, but
ruled that the DA put forth sufficient race-neutral reasons for
exclusion, and therefore not a violation of Batson.<br><br>
Recently, the PA Supreme Court agreed, even though the DA couldn't recall
why he removed 2 Black jurors -- or, in other words, couldn't articulate
a justification.<br><br>
Now remember -- Batson states that the improper removal of one juror
violates the constitution. One -- not 14.<br><br>
But here's the kicker. The DA in Mr. Cook's case made a video training
tape, where he taught his fellow prosecutors how to violateBatson - and
how to lie about it to judges.<br><br>
But perhaps the then prosecutor, Jack McMahon, didn't need to work that
hard, for courts would take up the slack. For where the DA can't remember
a reason, the court will invent one.<br><br>
This is especially egregious in this case, for the man who wrote the
opinion was the DA when McMahon made the tapes, but now sits as Chief
Justice of the court. Can you spell 'conflict of interest?' Did he recuse
himself? (What do you think?)<br><br>
For over a decade, Pennsylvania courts have painted McMahon as the bad
guy, a kind of rogue prosecutor, and most of his convictions have been
reversed (except Cook's), but McMahon wasn't, and never should've been,
the issue. For he was simply describing the pattern and practice of the
office, and training his colleagues in techniques used over years of
trials.<br><br>
Mr. McMahon was putting into words what DAs did to get convictions. Does
that mean his office sought a fair and impartial jury? In McMahon's
words, " Well, that's ridiculous. You're not trying to get
that." In fact, McMahon explained, their jobs were to get the most
"unfair" jury possible. And, in many cases, that meant getting
as few Blacks to serve on the jury as possible.<br><br>
Batson is as empty as Swain was, for if they don't want to give it up,
any reason will do.<br><br>
They proclaim ideals of fairness that bear no relationship to the real
process happening daily in courtrooms all across America.<br><br>
That would be, to quote McMahon, "ridiculous."<br><br>
-- (c) '08 maj<br>
==========================<br><br>
<br>
<font size=4>WE'VE GOT TO KEEP MOVING FORWARD, TO BUILD THIS MOVEMENT
LARGER THAN EVER, TALK ABOUT MUMIA'S CASE, CONTACT THE ICFFMAJ TO HELP DO
WORK ON MUMIA'S BEHALF, HOST A BOOK PARTY, HELP FUNDRAISE, HELP WITH
PHONE CALLS, DO P.E. AROUND MUMIA'S CASE, DON'T JUST WEAR THE T-SHIRT OR
SPORT HIS PIX ON YOUR WEB PAGE, THERE IS A JOB FOR EVERYONE TO DO,
ORGANIZE, ORGANIZE, ORGANIZE!! -- Sis. Marpessa<br><br>
</font><font size=3>The Power of Truth is Final -- Free Mumia! <br><br>
</font><font face="Georgia" size=3>Audio of most of Mumia's essays are
at:
<a href="http://www.prisonradio.org/">http://www.prisonradio.org</a><br>
<br>
</font><font face="Arial, Helvetica" size=3>
<a href="http://mumiapodcast.libsyn.com/">
http://mumiapodcast.libsyn.com/</a><br>
Mumia's got a podcast! Mumia Abu-Jamal's Radio Essays - Subscribe at the
website or on iTunes and get Mumia's radio commentaries online.<br><br>
</font><font face="Georgia" size=3>Mumia Abu-Jamal's new book --
JAILHOUSE LAWYERS: PRISONERS DEFENDING PRISONERS V. THE USA, featuring an
introduction by Angela Y. Davis -- will be released soon! It will
be available from City Lights Books at a 30% discount weeks before you
can get it at any other bookstore, or from Amazon. Sign up for an email
alert and when the book becomes available for sale you'll receive an
email letting you know:
<a href="http://www.citylights.com/book/?GCOI=87286100448090">
http://www.citylights.com/book/?GCOI=87286100448090</a><br><br>
</font><font face="Arial, Helvetica" size=3>In support of Mumia and the
publication of JAILHOUSE LAWYERS, organizations around the country will
be holding "More Than a Book Party" events on or around Mumia's
birthday, April 24, 2009. If you are planning to organize an event or
would like to order in bulk, you can also receive a 45% discount on any
bulk orders of 20 copies or more. The book retails for $16.95, for orders
of 20 copies or more the discounted price would be $9.32 per book, plus
shipping and handling. Prepayment would be required and books are
nonreturnable. If you or your organization would like to place a
bulk order, please contact Stacey Lewis at 415.362.1901 or
<a href="mailto:stacey@citylights.com">stacey@citylights.com</a><br>
Let's use the opportunity of the publication of this brilliant, moving,
vintage Mumia book to build the momentum for his case, to raise the money
we desperately need in these challenging economic times, to get the word
out – to produce literature, flyers, posters, videos, DVD's; to
send organizers out to help build new chapters and strengthen old ones,
TO GET THE PEOPLE OUT IN THE STREETS … all the work that we must do in
order to FREE MUMIA as he faces LIFE IN PRISON WITHOUT PAROLE OR
EXECUTION!<br><br>
Please make a contribution to help free Mumia. Donations to the
grassroots work will go to both INTERNATIONAL CONCERNED FAMILY AND
FRIENDS OF MUMIA ABU-JAMAL and the FREE MUMIA ABU-JAMAL COALITION
(NYC).<br><br>
<a href="http://www.freemumia.com/">WWW.FREEMUMIA.COM</a><br><br>
Please mail donations/ checks to:<br>
FREE MUMIA ABU JAMAL COALITION<br>
PO BOX 16, NEW YORK, <br>
NY 10030<br>
(CHECKS FOR BOTH ORGANIZATIONS PAYABLE TO: FMAJC/IFCO)<br><br>
FOR MORE INFORMATION CONTACT: <br>
215 476-8812<br>
212-330-8029<br>
Send our brotha some LOVE and LIGHT at: <br><br>
Mumia Abu-Jamal <br>
AM 8335 <br>
SCI-Greene <br>
175 Progress Drive <br>
Waynesburg, PA 15370 <br><br>
WE WHO BELIEVE IN FREEDOM CAN *NOT* REST!! <br><br>
Subscribe: mumiacolumns-subscribe@topica.com <br>
Read:
<a href="http://topica/">http://topica</a>.com/lists/mumiacolumns/read
<br>
Subscribe ICFFMAJ email updates list by e-mailing <br>
icffmaj@aol.com! <br><br>
<br>
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