J.Hamilton: Mumia entließ unerwarteter Weise seinen Anwalt Weinglass … Gefahr droht!

Donnerstag, 15. März 2001

Von:        jhamilton@mail.stlnet.com

Fw: Important Development in Mumia’s Case

  More news on the Mumia case. The national Labor Party is on record indefense of Mumia and we will discuss what we can do to get labor support forthis camphaign at our monthly meeting this Sunday at 2pm at the GreenCenter. jh—– Original Message —–From: „Alan Benjamin“ < alan@energy-net.org From: „Herrera, Laura“ < LHERRERA@Orrick.com  Hi Good People: Please include the following calendar items in your next email blasts. Also included is an important article by Jeff Mackler on the recent dramatic events in Mumia’s legal defense, and the current critical turning point that the legal defense and the movement faces in the struggle for justice for Mumia Abu-Jamal.   Many, many thanks. Laura Herrera  lherrera@orrick.com 415-773-5572   SATURDAY, MARCH 17th, 10:30 a.m. Centro del Pueblo, 474 Valencia Street, between 15th and 16th Streets, San Francisco: Justice for Mumia Abu-Jamal!! General membership meeting of the Mobilization to Free Mumia Abu-Jamal,   All invited to participate in building massive mobilizations on Saturday, May 12th in San Francisco, Philadelphia and scores of countries around the world, and in organizing thousands of people to stand with Mumia on his first day in Court.   SATURDAY, MARCH 24TH, COMMUNITY OUTREACH  DAY IN VARIOUS LOCATIONS THROUGHOUT THE BAY  AREA — help pass out thousands of leaflets for mass mobilizations in San Francisco, Philadelphia and around the world on May 12th and on the First Day In Court, as well as fact-sheets about the case of Mumia Abu-Jamal, internationally known journalist and political prisoner on death row.   Call 415-695-7745 for more information.   What follows is an article by Jeff Mackler, Co-Coordinator of the Mobilization to Free Mumia Abu-Jamal:

  Mumia Abu-Jamal dismisses legal team

  Life and death battles ahead

 

 By Jeff Mackler

 

 Mumia Abu-Jamal, award-winning journalist, innocent

 death row inmate and international known political

 prisoner for the past 19 years, has filed an unexpected

 „Motion for Withdrawal of Counsel for Conflict of Interest.“

 

 On Monday, March 5 Jamal formally moved to dismiss

 his chief legal counsel Leonard Weinglass and his

 co-counsel Daniel Williams. Jamal’s petition, filed in the

 U.S. District Court for the Eastern District states: „On

 Saturday, February 24, 2001 via Fed Ex, Petitioner

 [Jamal] learned definitively that Mr. Williams was in the

 late processes of publishing a book on the instant case,

 purported to be an ‚inside account.'“

  

 Jamal cited Rule 1.8(d) of the „Rules of Professional

 Conduct, Prohibited Transactions,“ which prohibits

 „making or negotiating a literary agreement based

 substantially on information acquired by way of a

 lawyer’s representation.“

 

 The petition states further:

 

 „Upon information and belief, Petitioner avers that counsel

 has created a clear undeniable conflict of interest based

 upon the said publication of an ‚inside account‘ which

 constitutes a breach of client loyalty.

 

 „Accordingly, Petitioner seeks the withdrawal of present

 counsel immediately, entry of pro se status and grant of

 reasonable time within which to hire counsel for the

 petitioner.“ The term „pro-se“ or „for himself,“ means that

 for the time being Mumia is without counsel.

  

 Mumia’s petition provides the following argumentation:

 

 „It is a long-standing principle of the law that where a

 conflict of interest exists between client and counsel, the

 right to effective assistance of counsel is seriously impaired.

 This is so because in such an instance ‚Counsel breaches

 the duty of loyalty, a characteristic deemed to be ‚perhaps the

 most basic‘ of counsel duties. Strickland v Washington, 466

 vs 665 (1984).“

 

 The petition concludes with a citation from Rule 1.8 (d)

 above. „Prior to the conclusion of representation of client

 a lawyer shall not make or negotiate an agreement giving

 the lawyer literary or media rights to a portrayal or account

 based in substantial part on information relating to the

 representation.“

 

 The book in question, authored by Dan Williams, is titled,

 „Executing Justice: An Inside Account Of The Case of

 Mumia Abu-Jamal.“ Scheduled for publication by St.

 Martin’s Press, New York, on April 9, it has not been seen

 by Mumia or by the central leadership of his defense, the

 International Concerned Family and Friends of Mumia

 Abu-Jamal.

 

 Mumia, therefore, has yet to make any judgment of the

 book’s content. But the fact that it is to be published

 without Mumia’s knowledge and consent has shocked a

 number of attorneys who have closely followed the case.

 This writer, a National Coordinator of Mumia’s defense,

 has just received an „advance uncorrected proof“ of the

 book. I immediately forwarded it to Mumia. A cursory

 review indicates that while it carefully outlines Mumia’s

 central legal positions, there may well be a number of

 questionable formulations as well as inclusion of subject

 matter that might be considered ambiguous, obscure or

 unwarranted. At this point, facing an imminent press

 deadline, further comment is not possible.

 

 Leonard Weinglass, one of the nation’s leading death

 penalty and human rights attorneys, has refused comment

 on Mumia’s action dismissing him other than to state that

 he remains fully committed to help in any way possible.

 

 There is no doubt that under the present circumstances the

 Dan Williams book will receive the closest scrutiny from

 those who seek Mumia’s executions. For this reason alone,

 it appears that a grave error has been made.

 

 Dangerous period ahead

 

 Mumia’s supporters have only recently become fully aware

 of the extreme danger Mumia faces as his federal district

 court hearing approaches. Under the provisions of the 1996

 Effective Death Penalty Act, should Judge William H. Yohn,

 Jr., the federal district court judge assigned to his case, rule

 against him, Mumia does not have an automatic right to

 appeal. In the event of a negative ruling, to proceed to the

 next level, Mumia must first receive from Judge Yohn a

 „certificate of appealability,“ that is, permission from the

 very judge who ruled against him. Lacking this, his right to

 appeal to the Third Circuit of the U.S. Court of Appeals,

 does not exist. Thus, a negative ruling from Yohn can

 immediately trigger the cancellation of Mumia’s current stay

 of execution. The clock will again begin to countdown the

 days that remain for his life.

 

 In the absence of this „certificate,“ while Mumia may

 appeal to the Third Circuit, the court has no obligation to

 hear his case or respond. It can stand mute and allow the

 expiration of a new order for Mumia’s murder by lethal

 injection and Mumia will be executed.

  

 The National Coordinators of Mumia’s defense have planned

 an ambitious series of events to meet this challenge

 beginning with a National Conference in Washington, D.C.,

 March 30-31. The conference will organize a major series of

 outreach projects designed to win new support for Mumia

 from the National AFL-CIO and from major religious, feminist,

 and human rights groups. An April 1-2 labor conference for

 Mumia is scheduled in Washington, D.C. to follow the

 national conference.

 

 Saturday, May 12, 2001 has been set for a bi-coastal,

 San Francisco/Philadelphia mass mobilizations with

 support actions called for around the world.

 

 Last week the Northern California-based Mobilization to

 Free Mumia Abu-Jamal organized a regional meeting

 attended by 80 activists who began the process of

 organizing for the west coast mass march and rally.

 The San Francisco Labor Council immediately endorsed

 and Mumia’s labor supporters are expected to win

 endorsement from all seven Bay Area labor councils as

 well as the state AFL-CIO.

 

 The National Coordinators, now a group of some 15

 leaders representative of a broad range of organizations,

 has sounded the alarm to all Mumia supporters. They

 have repeated loud and clear what we have long known,

 that is, to save Mumia’s life and win his freedom we must

 build a massive worldwide movement that makes the price

 of Mumia’s „legal“ murder too high to pay in regard to a

 fundamental loss of credibility in the so-called criminal

 justice system.

 

 Plans have been launched for the most massive

 mobilization ever on the first day of Mumia’s appearance

 in federal court. While it is impossible to determine when

 this date will be set, it is clear that human and democratic

 rights activists will mobilize worldwide to converge on

 Philadelphia to „Stand With Mumia.“

 

 Free Mumia Abu-Jamal! In Philadelphia call: International

 Concerned Family and Friends of Mumia Abu-Jamal,

 215-476-8812. In San Francisco

 Call: The Mobilization to Free Mumia Abu-Jamal,

 415-695-7745.

 ===============================================

 

 „As it happens, there are no columns in standard double-entry

book-keeping to keep track of satisfaction and demoralization. There is no credit

entry for feelings of self-worth and confidence, no debit column for feelings

of  uselessness and worthlessness. There are no monthly, quarterly, or even

 annual statements of pride and no closing statement of bankruptcy when

the worker finally comes to feel that after all he couldn’t do anything else,

 and doesn’t deserve anything better.“

 –Barbara Garson\

 ====================================================

 

 Attention All Mumia Abu-Jamal Freedom Activists!

 Greetings! Please read the following article about the latest

 extremely critical news regarding Mumia’s case.

 AND come out and help save Mumia’s life:

 

 ****SATURDAY, MARCH 17th, ORGANIZERS MEETING!

 10:30 a.m. Centro del Pueblo, 474 Valencia St (btwn 15th/16th, SF)

 

 Everyone is invited to participate in building massive mobilizations

 that will take place on Saturday, May 12th in San Francisco,

 Philadelphia and scores of countries around the world, and in

 organizing millions to stand with Mumia on his first day in court

 (date still unknown).

 

 ****SATURDAY, MARCH 24th, COMMUNITY OUTREACH DAY IN VARIOUS LOCATIONS

 THROUGHOUT THE SF BAY AREA — help pass out thousands of leaflets for

mass

 mobilizations for May 12th and the First Day In Court, as well as

 fact-sheets about the case. Call 415-695-7745 for more information.

 

 Justice for Mumia Abu-Jamal!!

 

 In solidarity,

 Laura Herrera, Jeff Mackler and Cristina Vasquez Gutierrez

 Co-Coordinators

 The Mobilization to Free Mumia Abu-Jamal

 3425 Cesar Chavez, San Francisco, CA 94110

 415-695-7745 Fax: 415-821-0166

  http://www.freemumia.org