D.Walters / OWC / J.Mackler u.a.: Wichtiger Durchbruch in den Verteidigungsbemühungen für Mumia!

Donnerstag, 20. Januar 2000
Von: dwalters@lanset.com
Dringendes Ersuchen um finanzielle Unterstützung!
Wir fassen im Folgenden nur den ersten Teil des englischsprachigen Textes zusammen und fügen anschließend das Original an. Wir bitten Englisch-ÜbersetzerInnen, evt. die unten wiedergegebene neue juristische Situation für Mumia genauer zu übersetzen und uns zur Veröffentlichung zuzuschicken. (LabourNet-Austria).
.
 Auf der News-Konferenz wurde ein Tonband von Mumia vorgespielt, das geheim im Hochsicherheitsgefängnis nahe Waynesburg in Greene County, Pennsylvania aufgenommen wurde und in dem Mumia seine Unterstützerinnen grüßt und die überdurchschnittliche Anzahl der Armen und Minderheiten in den Todeszellen kritisiert.
.
Am 12. Jänner wurde unter großer Beachtung durch die Medien eine Internationale Mumia Abu-Jamal-Delegation von hohen Beamten des Justizministeriums in Washington empfangen, wo es einen wichtigen Durchbruch in den legalen Versuchen von Mumias Hauptverteidiger, Leonhard Weinglass, gegeben hat. Der „Anti-Terrorism and Effective Death Penalty Act“ von 1996 unter Clinton gab den Bundesrichtern auf, von den Faktenfindungen der Bundesstaats-Richter auszugehen. Das hieß für Mumia, dass die später widerrufenden Zeugen, die gegen Mumia ausgesagt hatten, von Richter Sabo als Factfinding als nicht glaubwürdig eingeschätzt wurden und der Distriktanwalt von Pennsylvania argumentierte, dass der Bundesrichter William Yohn an diese Faktenfindung gebunden sei.
Am 13. Jänner änderte sich diese Situation aber dramatisch. Der Richter erklärte beiden Parteien, dass er ab jetzt die Dokumente und Argumente akzeptieren werde, die die Richtigkeit von Sabos Faktenfindungen bezweifeln (!!!).
.
Das ist ein Riesendurchbruch im Mumia-Fall! Das Zusammenspiel ist schlagend: Am 12. Jänner war die Internationale Delegation im Justizministerium, am Donnerstag den 13. Jänner erschien in der Philadelphia Daily News ein Artikel darüber und am selben Tag rief der Richter den Anwalt Weinglass an, am nächsten Tag zum Gericht zu kommen! Unglücklicherweise deckt der Fond nicht die Kosten der internationalen Delegation – mit minus $2150.-, die wir bald zahlen müssen. Viele haben schon gespendet und wir danken ihnen. Bitte füllt die Liste unten aus und spendet an :
.OWC, c/o San Francisco
Labor Council, 1188 Franklin St. #203, San Francisco, CA 94109. Please make
checks payable to „WHC-Mumia Delegation“.)
(Send your filled-out coupon to < owc@igc.org >. Note: All funds should be sent
by mail to the OWC office address listed immediately above.)

.

.

Thema: Important Breakthrough in Mumia Defense Effort: Urgent Request for Funds

the actor, and comedian Dick Gregory.
 
At the news conference, the group played a tape recording of
Abu-Jamal greeting his supporters. The tape was made clandestinely
over the weekend at the maximum security prison near Waynesburg in
Greene County, Pennsylvania, and featured a confident-sounding
Abu-Jamal criticizing the disproportionate number of poor and
minority prisoners on Death Row.
 
„Death Row, it seems, is the prerogative of the poor,“ he said.
– 30 –
 
Important Breakthrough in Mumia Defense Effort: Urgent Request for Funds
 
OWC CAMPAIGN NEWS – distributed by the Open World Conference in
Defense of Trade Union Independence & Democratic Rights, c/o S.F. Labor
Council, 1188 Franklin St., #203, San Francisco, CA 94109.
Visit out website at: http://www.geocities.com/owc_2000 .

IN THIS MESSAGE:
1) Report on Repercussions of the Jan. 12 Delegation for Mumia and Urgent Appeal for Funds
2) Coupon: Fund Appeal for January 12 International Delegation
3) Letter from Jeff Mackler, co-coordinator of the Mobilization to Free Mumia Abu-Jamal, to Jerry Gordon, secretary of the International Delegation
4) Article on delegation in Toledo Blade (Jan. 13)

1) Report on Repercussions of the Jan. 12 Delegation for Mumia and Urgent Appeal for Funds
Dear Friends,
We have sent you two reports on the important International Delegation on behalf of Mumia Abu-Jamal that was received on January 12 by high-ranking officials at the Justice Department in Washington, D.C.
We just received word from Jerry Gordon, secretary of the International Delegation, that (1) this effort was reported in some of the mainstream press and, more important (2) the delegation itself appears to have contributed to an important breakthrough in the legal efforts pursued by Leonard Weinglass, Mumia’s lead attorney.
 Brother Gordon reports that 25 media representatives attended the press conference on January 12. The Associated Press sent three people: a reporter, a photographer, and a TV person. Reuters was there, as were the Pittsburgh Post Gazette and the Toledo Blade [see reprint below]. A number of African American reporters and camera people were present. So were foreign journalists and TV people from Australia, Egypt, Great Britain and Germany.
Concerning the immediate impact of the delegation, Brother Gordon writes:
„There has been a major development on the legal front in the fight to save the life of Mumia Abu-Jamal. I talked with Abu-Jamal’s lead attorney, Leonard Weinglass. Here is the situation:
 „Under the Anti-Terrorism and Effective Death Penalty Act, enacted by Congress with Clinton’s aggressive backing in 1996, federal judges are required to accord a presumption of correctness to the factual findings of state judges.
„Here’s an example of how that was working in Mumia’s case. As we know, witnesses who testified against him at the trial at which he was convicted came forward later and recanted their testimony. They testified before Judge Albert Sabo, who presided at the original trial, in a hearing on a motion for a new trial that they had been intimidated and threatened by police into giving false testimony against Mumia. Judge Sabo, in a finding of fact, decided these witnesses at the hearing on the motion for a new trial were not credible witnesses. In the federal proceeding on the petition for a writ of habeas corpus, the Pennsylvania District Attorneys argued that the federal judge, William Yohn, was bound by that finding, as well as the other Sabo findings of fact. Until Friday, January 14, the federal judge agreed, meaning he would not review the entire record of the case.
 „Suddenly, this situation changed dramatically. On Thursday, January 13, Weinglass, while in New York, was summoned by the judge to appear at a hearing in Philadelphia the following morning. This hearing took place in chambers.
The judge informed attorneys on both sides that he will now accept papers and hear arguments challenging the correctness of Sabo’s findings of fact.
.
This means he will review the entire record of the case, something the Mumia attorneys had been arguing from the beginning that he should do (which he can do since presumptions in the law can be overcome with strong evidence). This is a major breakthrough in the case!
„The timing of all this is striking. On Wednesday, January 12, the International Delegation met with three Deputy Assistant Attorneys General at the Justice Department. On Thursday, January 13, an article about the International Delegation appeared in the Philadelphia Daily news. On that same day, the federal judge called Weinglass and directed him to appear in court the following day.“
.
There can be no doubt that the International Delegation contributed to this important breakthrough on the legal front. It is extraordinary for a judge to summon a lawyer in this way with no notice.
 Unfortunately, the funds raised to date to organize this International Delegation are insufficient to cover our costs. We have been left with a debt of $2150, which we must pay off as soon as possible. The money we owe is to pay for the banner at the press conference, the rental of the press conference hall, the use of a wire-service agency to get out the press releases, telephone and copying expenses, and some travel costs.
Many of you already have contributed to this initiative, and we thank you deeply for your support. In addition, 84 individuals and organizations among you sent us a message to let us know you called the White House and Justice Department to urge them to receive the delegation. Your efforts played a major part in convincing the Justice Department that they would pay too high a political price if they did not receive the International Delegation.
We are now calling on all supporters of democratic rights — all supporters of Mumia’s fight for a new and fair trial — to help us pay off our debt. We know we can count on your support.
Please fill out the coupon below and return it to < owc@igc.org > to let us know that you will be sending us a contribution — large or small — toward this fund appeal. You should send your check or money order to OWC, c/o San Francisco Labor Council, 1188 Franklin St. #203, San Francisco, CA 94109. PLEASE MAKE YOUR CHECKS PAYABLE TO „WHC/MUMIA DELEGATION.“ All funds raised beyond our $2150 debt will be turned over to the national Mumia coalition’s fund drive.
We wish to thank you in advance for your kind support to this effort. The legal breakthrough that has been won should give all supporters of the struggle greater hope that the ultimate victory can be won and that Mumia will be freed.
In Solidarity,
Alan Benjamin,
on behalf of the Planning Committee of the
International Delegation of January 12
.
.
(2) COUPON: PLEASE SUPPORT THE FUND APPEAL OF THE JANUARY 12 INTERNATIONAL DELEGATION TO WASHINGTON, D.C. HELP US PAY OFF OUR DEBT!
NAME
ADDRESS
CITY
STATE
ZIP
TEL
EMAIL
[ ] I will forward a contribution of $ ____ to help defray the cost of organizing
this delegation. (Funds for this effort should be sent to: OWC, c/o San Francisco
Labor Council, 1188 Franklin St. #203, San Francisco, CA 94109. Please make
checks payable to „WHC-Mumia Delegation“.)
(Send your filled-out coupon to <owc@igc.org>. Note: All funds should be sent
by mail to the OWC office address listed immediately above.)

3) Letter from Jeff Mackler
Mobilization to Free Mumia Abu-Jamal
3425 Cesar Chavez, San Francisco, CA. 94110
415-695-7745 Fax: 415-821-0166
Dear Jerry,
Congratulations on a job well done in the service of justice and for Mumia’s freedom. Please convey our thanks to all those involved.
In the short time you had, you mobilized an impressive group of prominent human rights supporters from several countries… with an equally impressive result.
 You opened yet another front in the struggle.
The presentations before the Justice Department officials were first rate as were the materials Jim and Clark prepared for the meeting.
I will present your report to this Saturday’s Mobilization meeting in San Francisco and otherwise help to publicize your effort.
.
Thanks again for your fine work and let’s continue our collaboration in this historic fight..
 In solidarity,
Jeff Mackler, Co-Coordinator

4) Article on International Delegation in January 13 Toledo Blade
 FLOC Chief Seeks Probe of Condemned Man’s Case
January 13, 2000
BY KAREN MacPHERSON
BLADE NATIONAL BUREAU
 WASHINGTON – An international coalition of trade unionists and civil-rights activists yesterday urged President Clinton to order a federal investigation into the case of death-row inmate Mumia Abu-Jamal, convicted of killing a Philadelphia police officer in 1981.
Led by Baldemar Velasquez, head of the Toledo-based Farm Labor Organizing Committee, coalition members met with attorneys at the U.S. Department of Justice. In the hourlong session, Mr. Velasquez urged the attorneys to recommend a federal inquiry into alleged civil-rights violations during Abu-Jamal’s arrest and trial.
 „We made it very clear that this is a case of global concern,“ Mr. Velasquez said later. „After they have reviewed all the documents we gave them, they will give us a written response.“
Mr. Velasquez called the meeting „a big breakthrough“ in his group’s efforts to persuade the Clinton administration to take action on the case, which has attracted attention from people ranging from French President Jacques Chirac to Hollywood actors Ossie Davis and Ed Asner.
The meeting with Justice Department officials was set up hastily late Tuesday, after Mr. Velasquez publicly announced that his group planned to commit acts of civil disobedience in front of the White House to protest the refusal of administration officials to meet with them about Abu-Jamal’s case.
 Justice Department officials didn’t set a date for giving their response to the group’s call for a federal investigation. But Mr. Velasquez said his group will keep pushing for a quick response because Abu-Jamal could be executed in a matter of months.
Abu-Jamal, who is on Pennsylvania’s Death Row, was scheduled to be executed last month. But he was granted a stay while a federal judge decides whether to grant him a new trial.
 Abu-Jamal maintains that he is innocent of the shooting death of police officer Daniel Faulkner. His supporters claim that Abu-Jamal was framed because he was at the scene and had used his journalist’s job to spotlight civil-rights violations by the Philadelphia police department.
Opponents, among them Maureen Faulkner, wife of the slain police officer, contend that Abu-Jamal is a cold-blooded killer who has manipulated the media and others into believing he is a political prisoner.
 The Pennsylvania Supreme Court has twice upheld Abu-Jamal’s conviction and death sentence.
Before meeting with Justice Department officials, Mr. Velasquez and a dozen other union members and activists from several countries held a news conference on Abu-Jamal’s case. Among those present were Mr. Davis, the actor, and comedian Dick Gregory.
At the news conference, the group played a tape recording of Abu-Jamal greeting his supporters. The tape was made clandestinely over the weekend at the maximum security prison near Waynesburg in Greene County, Pennsylvania, and featured a confident-sounding Abu-Jamal criticizing the disproportionate number of poor and minority prisoners on Death Row.
 „Death Row, it seems, is the prerogative of the poor,“ he said.