Mumia's Court Appeal Denied
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 summary 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 habeas 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-JamalIf 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
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