Justice for Mumia: Oberster Gerichtshof von Pennsylvania lehnt Berufung ab

Von: „Steve Bloom“  …
Betreff: FW: [icffmaj]
Mumia’s Court Appeal Denied
Datum: Samstag, 11. Oktober 2003
 —–Original Message—–
 From: justiceformumia [mailto:( …) ]
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 (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