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<h1><b>Mumia Abu-Jamal</b></h1><font size=3>November 11, 2009 By
<b>Robert R. Bryan</b> <br>
<a href="http://www.zcommunications.org/znet/viewArticle/23107" eudora="autourl">
http://www.zcommunications.org/znet/viewArticle/23107<br><br>
</a>In nearly three decades of being on Pennsylvania's death row, Mumia
Abu-Jamal has become a global symbol in the campaign against the death
penalty and human rights abuses. There is an escalated effort by
the authorities to see him die at the hands of the executioner. This is
the most dangerous time for Mumia since his 1981 arrest. I am
fighting for his life. Public support is crucial to this campaign
to save and free him. There follows an overview of recent
significant developments.<br>
<br>
<b>United State Supreme Court </b> We continue to litigate on behalf of
Mumia in the U.S. Supreme Court. Last year the U.S. Court of
Appeals for the Third Circuit, Philadelphia, ruled that he was entitled
to a new jury trial on the issue of the death penalty. That victory
never took effect because the state petitioned the Supreme Court for
review. The matter is pending. Thus Mumia remains on death
row and under a death sentence.<br>
<br>
Even though the major briefing has been completed, the Supreme Court has
withheld rendering a decision due to the pendency of a case from Ohio,
<i>Smith v. Spisak</i>, which has a similar issue regarding instructional
errors at the penalty phase. In Mumia's case the jurors were
instructed that they were precluded from considering any mitigating
evidence unless all 12 agreed on the particular circumstance. The
Supreme Court heard oral arguments in <i>Spisak</i> on October 13.
Mumia and I are anxious about the effect of that case because it is one
of the worst imaginable. As Shannon P. Duffy of <i>The Legal
Intelligencer</i> wrote the next day: "In a bizarre twist of fate,
Mumia Abu-Jamal . . . may find that his very life hinges on the outcome
of the case of a neo-Nazi triple murderer who wore a Hitler mustache at
trial as he testified proudly about his desire to kill blacks, Jews and
gays." That is ironic, for Mumia's life as a journalist and
author has been committed to speaking out against racism, discrimination
of any sort, inequality, injustice, and human rights abuses.<br>
<br>
My office has received many inquiries as to when the Supreme Court will
rule, my analysis of what occurred in <i>Spisak</i>, and what will the
court decide. First, I anticipate a decision within two months even
though it is always difficult to accurately make such predictions.
Secondly, there are significant differences between the <i>Spisak</i>
case and that of Mumia. Most importantly, the controlling decision
of <i>Mills v. Maryland</i> applies to Mumia's case but not to
<i>Spisak</i>. <i> Mills</i> was decided in 1988, a year before the
Pennsylvania state proceedings became final in our case. However,
<i>Spisak</i> had already been decided when <i>Mills</i> came down;
<i>Mills</i> is not retroactive. The <i>Spisak</i> case actually
concerns both the instructional issue and another on the ineffectiveness
of the defense attorney due to his penalty phase argument. Only the
former has any relevance to Mumia.<br>
<br>
The hearing was lively with Justice Sonia Sotomayor at the outset
questioning the Ohio attorney general about the applicability of the
<i>Mills</i> decision since it was decided after <i>Spisak</i> became
final. It seems that all the justices, with the exception of
Clarence Thomas, had questions. Finally, my impression at the end
of the day was that clearly some of the justices were poised to reverse
and rule for Ohio on the legal incompetence issue. Whether there
are enough votes for such a decision remains to be seen. Justice
Ruth Bader Ginsburg and Samuel A, Alito, Jr. were clearly bothered by the
trial lawyer's poor penalty-phase jury argument, while Anthony Scalia
thought it was "brilliant." As to the instructional issue
that affects Mumia, it does not seem so clear for there are different
ways the court could go. On the one hand it might not reach the
issue since <i>Mills</i> does not apply, or because the court finds that
the death penalty cannot stand in view of the lawyer's
ineffectiveness. On the other hand, the court could address the<i>
Mills</i> issue which might affect my client's situation in different
ways.<br>
<br>
<b>Pennsylvania Supreme Court </b> We are also litigating an issue
concerning the reliability of the ballistics evidence presented at
trial. On April 20, 2009, we filed a Petition for Habeas Corpus
Relief in the trial court, the Court of Common Pleas, Philadelphia.
The petition, based upon newly discovered evidence, was denied without a
hearing on May 27, 2009. The matter is being appealed to the
Pennsylvania Supreme Court.<br>
<br>
<b>Recent activities</b> In recent months there have been many
events regarding Mumia. A few of the more interesting, were:<br>
<br>
<b>The Netherlands and <i>World Day Against the Death Penalty</i>
</b>October 10 was <i>World Day Against the Death Penalty.</i> I
was in the Netherlands at the invitation of Amnesty International to
speak on behalf of Mumia. That included a lecture at the
prestigious <i>Utrecht University</i> school of law, sponsored by <i>Ad
Informandum</i>. My topic: <i>Mumia Abu-Jamal and the Death
Penalty: A Global Human Rights Crisis</i>. It was a great
experience, for I have not encountered more bright and inquisitive
students. They were interested in why the United States, in company
with countries such as Iran, China, and Saudi Arabia, is still in the
business of executing people. I also spoke at the showing of the
extraordinary movie, <i>In Prison My Whole Life</i>, concerning my client
and the death penalty. Mumia and I are particularly indebted to
Amnesty's Stef Arens, who was responsible for organizing these
events. Another highlight was seeing Arlette Stuip, who attended
Goddard College with Mumia. She and her husband Tom have remained
his good friends. <br><br>
<b>Reporters Without Borders, Paris</b> Recently <i>Reporters
Without Borders </i>published a video interview regarding Mumia and the
latest case developments. It is in English, French and German, and
can be found at:
<a href="http://www.rsf.org/spip.php?page=article&id_article=34689">
http://www.rsf.org/spip.php?page=article&id_article=34689</a>.<br><br>
<b>Germany</b> There are various groups and individuals in Germany
who are doing incredible work to save Mumia. Last spring the
<i>Akademie der Künste</i> (Academy of Arts), Berlin, hosted a panel
discussion on Mumia to a capacity crowd. It began with an except
from <i>In Prison My Whole Life</i>. Participating on the panel,
was: Madame Danielle Mitterrand, former First Lady of France; Klaus
Staeck, President of the Akademie; Johano Strasser, President of PEN
Germany; Günter Wallraff, a well known author; Gerhart Rudolf Baum,
member of the Bundestag (parliament), former Minister of the Interior,
and United Nations representative; and me. The work of supporters
in Germany is a model of positive activism. A video of the event is
available, at:
<a href="http://www.adk.de/de/aktuell/forum_dokumentationen/forum_27.Akadgespr.html">
http://www.adk.de/de/aktuell/forum_dokumentationen/forum_27.Akadgespr.html</a>
. <br><br>
<b>France </b> The movement for Mumia in France is strong, led by the
<i>Ensemble Sauvons Mumia Abu-Jamal</i> which is composed of
approximately 80 organizations. Come rain, sleet or snow,
supporters continue to demonstrate each week at the U.S. Embassy in
Paris. The film <i>In Prison My Whole Life</i> is being shown in
theaters around France. In September, Nicole and I joined Claudine
Cordillot, Mayor of Villejuif, a Paris suburb, for a showing of the movie
and a presentation afterwards. One of Mme. Cordillot's first acts
upon taking office in 1999 was to come out in support of Mumia. The
Council of Villejuif unanimously declared both him and Nelson Mandela
citizens of honor.<br>
<br>
<b>Tax-deductible Donations for Mumia's Legal Defense </b> We continue to
receive e-mail from people unsure as to how and where they may send
donations for Mumia's legal defense, because a few websites are falsely
soliciting for legal donations. The only way to guarantee that
donations go only to the legal defense, is to make checks payable to the
<i>National Lawyers Guild Foundation</i> (indicate Mumia on the bottom
left). The U.S. donations are tax deductible under the Internal
Revenue Code Code, section 501(c)(3), and should be mailed to:<br>
<b> <br>
</b><i>Committee To Save Mumia Abu-Jamal<br>
</i>P.O. Box 2012<br>
New York, NY 10159-2012<br>
<b> <br><br>
Conclusion</b> Mumia's life remains in great danger. My
career has been marked by successfully representing people facing death
in murder cases. Our goal is to save Mumia's life and win his
freedom.<br><br>
<br><br>
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