Betreff: !*NAACP Legal Defense Fund
Files Brief Supporting
Mumia Abu-Jamal!
Datum: Sonntag, 8. März 2009 23:44
March 5th, 2009
(New York, NY)- Today the NAACP Legal Defense and Educational Fund
(LDF) filed a friend of the court brief in support of Mumia Abu-
Jamal’s claim of racial discrimination in the selection of the jury
for his 1981 death penalty trial. LDF’s brief supports Mr. Abu-
Jamal’s request for United States Supreme Court review of his appeal
urging enforcement of the laws that require courts to promptly
investigate evidence of discrimination against African American
prospective jurors.
Specifically, LDF objects to the United States Court of Appeals for
the Third Circuit’s use of a restrictive interpretation of Batson v.
Kentucky, a Supreme Court decision prohibiting prosecutors from
excluding prospective jurors on the basis of race, to conclude that
Mr. Abu-Jamal failed to present sufficient evidence to support his
claim of racial discrimination in jury selection. LDF’s brief
explains that the Third Circuit’s conclusion that the only way to
prove that racial discrimination infected the jury selection process
is to document the race of all members from the panel of prospective
jurors and the race of all stricken jurors ignores other significant
indicators of discrimination in jury selection and contradicts the
Supreme Court’s command that courts examine a wide array of evidence
to properly ferret out discrimination in jury selection.
As applied to Mr. Abu-Jamal’s case, the Third Circuit decision means
that the trial prosecutor’s pattern of strikes against African-
American prospective jurors, a culture of discrimination in the
prosecutor’s office (including a videotaped training advocating the
exclusion of prospective jurors of color), a comprehensive statistical
study documenting a pattern of exclusion of prospective jurors of
color by the prosecutor’s office and other such evidence is
insufficient to suggest discrimination. LDF’s brief explains that
turning a blind eye to such credible evidence of discrimination not
only conflicts with the law but also undermines public confidence in
integrity of the courts.
„We believe that the Third Circuit’s interpretation of the law will
have the effect of shielding discrimination and undermining the rights
of criminal and capital defendants to a fair trial. It is our hope
that the Supreme Court will accept and review Mr. Abu-Jamal’s case to
make sure that courts respond promptly and appropriately when
confronted with real questions about the existence of racial
discrimination in jury selection,“ said John Payton, LDF President and
Director-Counsel.
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ABOUT LDF
The NAACP Legal Defense and Educational Fund (LDF) is America’s legal
counsel on issues of race. Through advocacy and litigation, LDF
focuses on issues of education, voter protection, economic justice and
criminal justice. We encourage students to embark on careers in the
public interest through scholarships and internship programs. LDF
pursues racial justice to move our nation toward a society that
fulfills the promise of equality for all.