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From the Free Mumia Abu-Jamal Coalition/NYC:<br>
From: info@freemumia.com<br>
Date: Sun, 08 Jan 2012 16:05:40 -0000<br><br>
MUMIA STILL HELD IN SOLITARY CONFINEMENT - A LEGAL UPDATE<br><br>
Mumia is still in Administrative Custody (AC) -- the hole -- at SCI
Mahanoy. The confinement conditions in all the Restricted Housing Units
(RHU) are degrading and tortuous.<br><br>
Mumia is on a cellblock that houses AC as well as disciplinary custody
inmates. He is in solitary confinement, with lights glaring 24/7, without
adequate food, or the opportunity to buy food to supplement his diet. He
is shackled and handcuffed whenever outside his solitary cell --
including when he goes to shower. And he is isolated without regular
phone calls, or access to his property, including legal materials, books
and typewriter. His visiting hours are limited. In short, Mumia is being
subjected to conditions in AC that are more onerous than those on death
row.<br><br>
There is no legal basis for Mumia to be confined in AC. At the point he
was no longer under a death sentence, he should have been transferred
into general population. This is not dependent on a court date for Mumia
to be formally resentenced to life imprisonment.<br><br>
On January 3 and January 6, 2012 I submitted demand letters on Mumia's
behalf to John Wetzel, Secretary for the Pennsylvania Department of
Corrections (DOC), and to John Kerestes, Superintendent SCI Mahanoy, to
immediately transfer and assign Mumia to general population with full
visitation, phone and commissary privileges and access to all programs
and services. The stated legal grounds are the following: The degrading,
dehumanizing, tortuous conditions of Mumia Abu- Jamal's confinement in
administrative custody at SCI Mahanoy are an abuse of authority, counter
to DOC regulations, punitive, discriminatory, in violation of his
protected liberty interests and his civil rights, including First
Amendment rights.<br><br>
The DOC regulations allow only two permanent categories of imprisonment,
death row and general population. AC is by law only a temporary
placement. It must be based on defined grounds, justified and implemented
subject to procedural due process. None of the grounds listed in the DOC
regulations for placement in AC apply to Mumia. In fact, on December 8,
2011 the DOC transferred Mumia from death row at SCI Greene and onto a
cellblock that does not house capital inmates. On December 14, the DOC
ordered Mumia moved to a medium security facility, SCI Mahanoy, which by
regulation cannot hold death row prisoners.<br><br>
The response by the DOC via telephone by Chief Counsel Suzanne Hueston
was that Mumia is in AC pending resentencing and further evaluations.
These are bogus explanations. The December 2001 federal court ruling that
Mumia's death sentence is illegal has been upheld on appeal. The District
Attorney has stated there will be no trial to obtain a new death
sentence. Therefore Mumia should be in general population.<br><br>
Nor is there a reason or basis for "further evaluation." Mumia
has been confined in Pennsylvania prisons for some thirty years. The DOC
unquestionably knows his history, conduct and behavior. There is nothing
in Mumia's personal record to justify holding him in Administrative
Custody.<br><br>
The DOC's treatment of Mumia is punishment for depriving the FOP and
Philadelphia District Attorney of his execution. This is the latest
attempt by this frame-up system to silence Mumia, an innocent man, and to
subject him to tortuous, punitive conditions in the hole.<br><br>
Rachel Wolkenstein, Attorney<br>
January 7, 2012<br><br>
********************************************************************<br>
<b>Tell these officials that Mumia must be immediately transferred to
General Population. <br>
</b> <br>
1) Write Call Phone and email the Secretary of Corrections<br>
John Wetzl, Secretary Department of Corrections<br>
2520 Lisburn Road,<br>
P.O. Box 598<br>
Camp Hill, PA 17001-0598<br>
717) 975-4928 Email:</font><font size=3 color="#0068CF">
ra-contactdoc@pa.gov<br><br>
</font><font size=3> <br>
2) Write Call Phone and email the Superintendent of SCI Mahanoy<br><br>
John Kerestes, Superintendent<br>
SCI Mahanoy<br>
301 Morea Road<br>
Frackville, PA 17932<br>
(570) 773-2158<br>
fax 570-783-2008<br><br>
3) Write Call Phone and email the Philadelphia DA<br><br>
Seth Williams, DA Philadelphia<br>
Three South Penn Square<br>
Philadelphia, PA 19107-3499<br>
(215) 686-8000<br>
Email: DA_Central@phila.gov<br><br>
and finally if you can send Mumia a note or a card.<br>
<br>
<b>Write to Mumia</b>:<br>
<br>
Mumia Abu-Jamal<br>
AM 8335<br>
SCI Mahanoy<br>
301 Morea Road<br>
Frackville, PA 17932<br><br>
<br><br>
--Mumia is Innocent! Stop the Frame Up! Free
Mumia!--<br><br>
Free Mumia Abu-Jamal Coalition, NYC<br>
P.O. Box 16, College Station, NY, NY 10030<br>
212-330-8029,
<a href="http://www.freemumia.com/" eudora="autourl">www.FreeMumia.com</a>
, info@FreeMumia.com<br><br>
<br>
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