- Von: „Steve Bloom“ …
Betreff: FW: [icffmaj]
Mumia’s Court Appeal Denied
- Datum: Samstag, 11. Oktober 2003
- —–Original Message—–
- From: justiceformumia [mailto:( …) ]
- ———————— Yahoo! Groups Sponsor ———————~–
- (part of text forwarded by Prison Radio)
- On October 8, 2003, The Pennsylvania supreme court ruled against
- Mumia’s habeas corpus appeal. They affirmed the PCRA (Post Conviction
- Relief Act)Court „…properly concluded it was without jurisdiction
- to address the merits of his [Mumia’s] claims, and dismissal without
- a hearing was appropriate“ and that „…the appellant is not entitled
- to habeas corpus
- relief…“
- We at International Concerned Family and Friends of Mumia Abu-Jamal
- feel strongly that this latest denial, as usual, is the familiar
- legal maneuvering by the court system to avoid admitting evidence of
- Mumia’s innocence into the official court record. As you no doubt
- know, a mountain of evidence pointing to Mumia’s innocence has
- surfaced in the last ten years, however, almost none of this crucial
- evidence is officially part of the case, because the courts have used
- every excuse to avoid admitting it, in this case because of „time
- limits“ for submission of materials by Mumia’s defense. This means
- that they do not acknowledge it, and the media can continue to ignore
- it’s relevance. It is a court system which has no interest in justice
- and cites submission time limits for evidence as a man battles for
- his life on PA death row.
- Please stay tuned for a summery of the appeal’s denial.
- See the 12 page opinion:
- http://www.courts.state.pa.us/OpPosting/Supreme/out/J-214-2002mo.pdf
- —————————————
- October 2003 an Update on Mumia Abu-Jamal
- Dispatches From Death Row, 3-5 minute radio essays by Mumia Abu-Jamal
- recorded, produced and distributed by Prison Radio and aired on over
- 75 radio stations. He a featured commentator on Free Speech Radio
- News.
- .
- Prison Conditions: Mumia is on death row in a high security control
- unit at the State Correctional Institute at Greene in Waynesburg PA.
- He has been incarcerated for 22 years. He is held in solitary confinement
- in a six by nine-foot cell. He is allowed to exercise outside his cell
- for only five hours per week. He is allowed one two-hour visit per
- week. Mumia recently received more access to the phone, now he gets
- three 15min calls per week.
- .
- Health Crisis: Mumia has had disturbing episodes where his feet and ankles are dangerously swollen, deeply discolored and sore. After this latest crisis, he has not yet been seen by a physician, he is requesting outside medical attention At the moment, the swelling in his ankle has subsided and his coloring is better. IFFMAJ www.mumia.org are requesting that people call the prison and demand that Mumia be allowed to see an outside physician to diagnose and determine appropriate treatment.
- .
- Legal Overview: Regarding Mumia’s 1st degree murder conviction and sentence of death: Mumia’s first and only federal abeas corpus appeal was decided on Dec. 18th 2001 by district court Judge William Yohn.
- ..
- In that decision, his death sentence was overturned. And his conviction was up held. Death row inmates now only get one federal habeas corpus appeal, per the 1996 anti terrorism and effective death penalty act signed by Clinton. The Philadelphia DA appealed the reversal of
- Mumia’s death sentence. The Court granted the DA’s motion to keep Mumia on death row. According to legal experts, there is a 40% chance the 3rd circuit appeals court will issue an order simply reimposing death. If the court affirms the reversal of death, the DA could elect to let Mumia do life in prison without possibility of parole. (Currently in PA there is no parole). It is more likely that the Philadelphia DA will elect to conduct a trial on the sentencing phrase and put Mumia on trial, the only question in that proceeding will be whether he will be sentenced to life or death.
- Federal Court: Both sides have filed appeals of the Yohn decision.
- These appeals are before a three-judge panel of the 3rd Circuit. Yohn
- certified for appeal only one legal issue, and it involves jury
- selection, the relevant Supreme Court precedent is
- “Batson”.
- .
- This is a very significant issue if heard fairly should result in a new trial
- being ordered. Mumia’s Federal Habeas appeal is now moving forward in
- light of the PA Supreme Court decision on Oct. 8th to deny his current
- state court appeal.
- .
- State Court: On October 8th the Pennsylvania Supreme Court denied
- Mumia’s appeal requesting a new PCRA evidentiary hearing.
- Of Note: On October 4th, Mumia received an honorary citizenship of
- Paris France in a ceremony at city hall in Paris.
- .
- New Federal Lead Attorney: Robert Bryan, Esq. 415-292-4875
- Of Counsel Jill Cubertson
- 2088 Union Street, Suite 4
- SF, CA 94123-4124
- Other New developments:
- Dispatches From Death Row, radio essays by Mumia produced by Prison
- Radio appear weekly on over 75 radio stations world wide
- Killing Time by David Lindorff Common Courage Press
- 9/03 Faith of Our Father’s (Africa World Press)Mumia Abu-Jamal
- 2004- A Life in the Party (South End Press)Mumia Abu-Jamal
- If you would like to help Mumia Abu-Jamal’s voice reach over
- 100 radio stations each week and 10’s of thousands of listeners please make a
- contribution today to:
- Redwood Justice Fund/Prison Radio
- PO Box 411074
- San Francisco, CA 94141
- www.prisonradio.org
- 415-648-4505