- Von: „Steve Bloom“ <…………………..>
Betreff: FW: [MumiaNYC] Breaking News:
Decision, U.S. Court of Appeals
- Datum: Mittwoch, 07. Dezember 2005
- —–Original Message—–
- From: MumiaNYC@yahoogroups.com]
- On Behalf Of mumianyc
- Sent: Wednesday, December 07, 2005 1:17 AM
- From the office of Robert Bryan, lead counsel for Mumia Abu-Jamal…
- 12/6/05
- Dear Friends and Supporters:
- Today the United States Court of Appeals for the Third Circuit
- issued the most important decision affecting my client, Mumia Abu-
- Jamal, since the lower federal court ruling in December 2001. An
- order was issued this morning that the court will accept for review
- the following issues, all of which are of enormous constitutional
- significance and go to the very essence of Mumia’s right to a fair
- trial due process of law, and equal protection of the law under the
- Fifth, Sixth and Fourteenth Amendments to the U.S. Constitution:
- Claim 14 : Whether appellant was denied his constitutional rights
- due to the prosecution’s trial summation.
- Claim 16 : Whether the Commonwealth’s use of peremptory challenges
- at trial violated appellant’s constitutional rights under Batson v.
- Kentucky , 476 U.S. 79 (1986).
- Claim 29 : Whether appellant was denied due process during post-
- conviction proceedings as a result of alleged judicial bias.
- Claim 16 concerns the prosecutorial use of racism in jury
- selection. The record establishes beyond question that racism is a
- major thread that has run through this case since Mumia’s 1981
- arrest, and continues to today. Claim 14 relates to the guilt
- phase. It includes the prosecutor’s argument that if convicted Mumia
- would have „appeal after appeal.“ That comment effectively lessened
- the burden of the jurors, and turned the concept of reasonable doubt
- and presumption of innocence on its head. Claim 29 is about the bias
- and incredible racism of Judge Albert Sabo, the trial
- judge. Unfortunately, it is limited to his conduct at the 1995
- evidentiary (PCRA) hearing, rather than his monstrous behavior at
- trial. This restriction is because all of the prior attorneys
- mistakenly did not attack Sabo’s misconduct at trial, an unfortunate
- oversight and mistake
- The court has also issued a briefing schedule. The case is now on
- the fast track, as I have been predicting. The opening briefs are
- due to be filed by January 17, 2006.
- Please post this e-mail and the attached Order on your web sites,
- and circulate it.
- Today we achieved a great victory in the campaign to win a new trial
- and the eventual freedom of Mumia.
- Your support, and activism, is badly needed and appreciated.
- With best wishes,
- Robert R. Bryan
- =============
- Law Offices of Robert R. Bryan
- 2088 Union Street, Suite 4
- San Francisco , California 94123
- Lead counsel for Mumia Abu-Jamal
- PS the order also grants the Prosecutions request to hear claim 25,
- which was the claim which Judge Yohn used to suspend Mumia’s death
- sentence. Obviously the prosecution is seeking the reimposition of
- that sentence.
- –Mumia is Innocent! Stop the Frame Up! Free Mumia!–
- Free Mumia Abu-Jamal Coalition, NYC, P.O. Box 16, College Station, NY,
- NY 10030 212-330-8029, www.FreeMumia.com, info@FreeMumia.com
- YC, P.O. Box 16, College Station, NY, NY 10030
- 212-330-8029, www.FreeMumia.com , info@FreeMumia.com
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- http://groups.yahoo.com/group/MumiaNYC/