Mumia Abu-Jamal.
Neglected from the news media here in Germany (and probably not only here) it has come to my knowledge that Mumia Abu-Jamal - facing death sentence for a crime he didn't commit - has been granted "certificates of appealabilty" to challenge alleged race and judicial bias in the 1995 Post Conviction Relief Action proceedings overseen by Mumia's original 1982 trial court "hanging" judge, Albert Sabo, who went to extreme lengths to keep evidence of innocence out of the court record. Philadelphia's Court of Common Pleas Judge Albert Sabo ("Death Row's King") has been called "a defendant's nightmare," "a prosecutor in robes," and "his own jurisdiction" by defense attorneys and prosecutors alike. But even more damning than his reputation amidst litigators is his record: Sabo has sentenced twice as many people to death (32 total) than any other judge in the country - all but two of these defendants being people of color.
The state's case against Mumia rested heavily on the testimony of eyewitnesses, many of whom changed their stories under police pressure. Sabo's rulings significantly aided the prosecution's case. For instance, he did not allow the defense to cross-examine prosecution witness Robert Chobert about inconsistencies in his account even though the first statement he gave to police effectively exonerated Mumia. Nor did the jury ever learn that Chobert was still on probation for a felony conviction. Meanwhile, Sabo struck from the record testimony from defense witness Veronica Jones that the police had offered favors in exchange for fabricated testimony.
In 2001, attorneys for death row journalist Mumia Abu-Jamal filed an appeal to the Pennsylvania Supreme Court asking it to order Common Pleas Court Judge Pamela Dembe to hear the testimony of ex-mob hit man, Arnold Beverly. Mr Beverly had confessed to the killing of Police Officer Daniel Faulkner in 1981 – the crime of which Mumia had been falsely convicted. He testified that the murder was committed on behalf of corrupt elements in the Philadelphia Police Department and organised crime, the motive being that the officer was an obstacle to the "protection racket" corrupt officers were running in the city. On November 21, 2001, Judge Pamela Dembe refused to review the case and see new evidence, because "... new evidence of innocence is no bar to execution." (referring to Herrera vs. Collins, US 360).
On October 8, 2003, the Pennsylvania Supreme Court ruled against Mumia Abu-Jamal's appeal. Citing the "untimeliness" of the evidence presented relating to Mumia's innocence, the court refused to consider the confession of Arnold Beverly that he, not Mumia, murdered police officer Daniel Faulkner on December 9, 1981.
Mumia Abu-Jamal, an award-winning investigative journalist, turned 50 April 24 last year. He has been on Pennsylvania's death row for more than 23 years now, for a crime he did not commit. His struggle for freedom and justice is supported by the European Parliament, Amnesty International, the 1.8 million member California Labor Federation, the ILWU, Nelson Mandela, Ossie Davis, E.L. Doctorow, Alice Walker, Ed Asner, Jacques Chirac, the San Francisco and Detroit city councils and by millions of supporters of democratic rights worldwide. Even so, the Pennsylvania Supreme Court dismissed - amongst others - the testimony of Philadelphia court stenographer, Terri Maurer Carter who overheard Mumia's original trial judge, Albert Sabo, state in his antechamber in relation to Mumia's case, "Yeah, and I'm going to help 'em fry the nigger."
There are several possible outcomes, from the worst, but least expected scenario where Sabo's unconstitutional sentencing instructions are upheld and Mumia faces execution, to a decision of Third Circuit to either order a new trial or to remand the case to the Federal District Court to re-hear the issues where it had previously ruled without regard to Mumia's constitutional rights.
While Mumia has won yet another victory on the road toward his freedom, the powers that be are far from conceding any errors and remain intent on his execution. Mumia's freedom will be a product of both his legal efforts and a mass political movement exerting its will and making the price of his execution and continued incarceration too high to pay.
I will not comment on this, as I am lacking words. However, here are two more links for the interested among you:
Free Mumia
Mumia Abu-Jamal's Freedom Journal
The state's case against Mumia rested heavily on the testimony of eyewitnesses, many of whom changed their stories under police pressure. Sabo's rulings significantly aided the prosecution's case. For instance, he did not allow the defense to cross-examine prosecution witness Robert Chobert about inconsistencies in his account even though the first statement he gave to police effectively exonerated Mumia. Nor did the jury ever learn that Chobert was still on probation for a felony conviction. Meanwhile, Sabo struck from the record testimony from defense witness Veronica Jones that the police had offered favors in exchange for fabricated testimony.
In 2001, attorneys for death row journalist Mumia Abu-Jamal filed an appeal to the Pennsylvania Supreme Court asking it to order Common Pleas Court Judge Pamela Dembe to hear the testimony of ex-mob hit man, Arnold Beverly. Mr Beverly had confessed to the killing of Police Officer Daniel Faulkner in 1981 – the crime of which Mumia had been falsely convicted. He testified that the murder was committed on behalf of corrupt elements in the Philadelphia Police Department and organised crime, the motive being that the officer was an obstacle to the "protection racket" corrupt officers were running in the city. On November 21, 2001, Judge Pamela Dembe refused to review the case and see new evidence, because "... new evidence of innocence is no bar to execution." (referring to Herrera vs. Collins, US 360).
On October 8, 2003, the Pennsylvania Supreme Court ruled against Mumia Abu-Jamal's appeal. Citing the "untimeliness" of the evidence presented relating to Mumia's innocence, the court refused to consider the confession of Arnold Beverly that he, not Mumia, murdered police officer Daniel Faulkner on December 9, 1981.
Mumia Abu-Jamal, an award-winning investigative journalist, turned 50 April 24 last year. He has been on Pennsylvania's death row for more than 23 years now, for a crime he did not commit. His struggle for freedom and justice is supported by the European Parliament, Amnesty International, the 1.8 million member California Labor Federation, the ILWU, Nelson Mandela, Ossie Davis, E.L. Doctorow, Alice Walker, Ed Asner, Jacques Chirac, the San Francisco and Detroit city councils and by millions of supporters of democratic rights worldwide. Even so, the Pennsylvania Supreme Court dismissed - amongst others - the testimony of Philadelphia court stenographer, Terri Maurer Carter who overheard Mumia's original trial judge, Albert Sabo, state in his antechamber in relation to Mumia's case, "Yeah, and I'm going to help 'em fry the nigger."
There are several possible outcomes, from the worst, but least expected scenario where Sabo's unconstitutional sentencing instructions are upheld and Mumia faces execution, to a decision of Third Circuit to either order a new trial or to remand the case to the Federal District Court to re-hear the issues where it had previously ruled without regard to Mumia's constitutional rights.
While Mumia has won yet another victory on the road toward his freedom, the powers that be are far from conceding any errors and remain intent on his execution. Mumia's freedom will be a product of both his legal efforts and a mass political movement exerting its will and making the price of his execution and continued incarceration too high to pay.
I will not comment on this, as I am lacking words. However, here are two more links for the interested among you:
Free Mumia
Mumia Abu-Jamal's Freedom Journal
posted by bunka @ 21:50
3 comments
3 Comments:
Finally I know exactly what you're talking about... this is a subject I've been exposed to for almost ten years. I remember a great deal of talk about him in the Hof, and I believe people from the communities were fighting for his freedom... I seem to remember that the high school students went to several marches, and there was a great deal of discussion for a long time. I'm not sure if they're continuing now...
Of course I also remember seeing his face and the Rasta flag on food pyramids, so maybe it's just my memory mixing things up...
The only things "they" are proving with this is that the accusation of Beverly - that the murder was committed on behalf of corrupt elements in the Philadelphia Police Department and organised crime - is likely to be true, and justice is a four letter word.
As is equality.
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