St.Bloom: Neue juristische Initiative von Anwalt Eliot Grossmann

Von: „Steve Bloom“ < sblm@earthlink.net >

Datum: Montag, 25. November 2002 02:53

 

Mumia Legal Update from the office

of Attorney Eliot Grossman 10/30/02

  

Mumia’s case remains on appeal in the United States Court of Appeals for the

Third Circuit and the Pennsylvania Supreme Court. The appeal in the Third

Circuit is from Judge Yohn’s December 18, 2001 decision in which he

overturned the death penalty, but upheld the conviction. The prosecution

appealed overturning of the death penalty; Mumia’s attorneys appealed

upholding the conviction. That appeal is presently „stayed“ (on hold)

pending the Pennsylvania Supreme Court’s ruling on the state appeal. The

appeal in the Pennsylvania Supreme Court is from Judge Dembe’s dismissal of

Mumia’s Petition for Post-Conviction Relief and/or Writ of Habeas Corpus,

previously filed on July 3, 2001. Mumia’s attorneys filed their Opening

Brief in the Pennsylvania Supreme Court on August 27, 2002, the prosecution

filed their Brief thereafter. Mumia’s attorneys filed a Reply Brief on

October 15, 2002, and also submitted a motion for leave to file a

Supplemental Reply Brief.

.

Mumia’s attorneys had filed a motion requesting the Court set a hearing date

for oral argument. The Court denied the motion before Mumia’s attorneys

filed their Reply Briefs. Mumia’s attorneys have asked the Court to

reconsider that ruling on the basis that the Court should not have ruled on

the request for oral argument without first having reviewed

all the written briefs. It is unknown when the Court will rule on the motion

to reconsider.

.

Also awaiting a ruling is a motion by Mumia’s attorneys to recuse Justice

Castille from hearing Mumia’s appeal because of his supervisorial

responsibility for the „McMahon videotape“ when Castille was Philadelphia

County District Attorney. The videotape is a training tape for prosecutors

on how to exclude African-Americans from juries. The videotape was produced

by „D.A.T.V. Productions“ and bears the official seal of the City of

Philadelphia and the name and title „Ronald D. Castille, District Attorney.“

The Pennsylvania Supreme Court had previously denied a motion by Mumia’s

attorneys to take the deposition of Justice Castille with regard to the

videotape, a decision in whichJustice Castille did not participate. In their

motion Mumia’s attorneys point out that Justice Castille had previously

participated in denying claims in Mumia’s case that during his trial

African-American jurors were peremptorily challenged by the prosecutor

during jury selection because of their race.

.

Mumia’s attorneys have also requested that the Pennsylvania Supreme Court

permit Arnold Beverly, the confessed killer of Police Officer Daniel

Faulkner, to appear before them and testify. Beverly’s written and

videotaped confession, in which he exonerates Mumia of any participation in

the shooting of Faulkner, was previously filed with the Pennsylvania

Supreme Court. No ruling has yet been made on this request. The ICFFMAJ

should have copies of the briefs filed in the Pennsylvania Supreme Court.

The most important issue that needs to be gotten across to the public and to

the courts is that Mumia is innocent and that the evidence which proves his

innocence must be heard. The amicus brief on behalf of various labor unions

by attorney Michael Yamamoto provides an excellent, brief and to the point

presentation of this evidence and is a good organizing tool. A campaign has

begun to have individuals and organizations sign Joinder forms to file in

the Pennsylvania Supreme Court joining in the Yamamoto amicus brief. The

Court has taken the position that these Joinders should have been filed on

the same day the amicus brief itself was filed although there is no written

court rule which requires this.

.

The organizations carrying out the Joinder campaign are in the process of

submitting motions to the court requesting the filing of the Joinders.

Please advise if there are any questions or if you would like further

information concerning the present status of Mumia’s case.