Mumia Legal Update: September 10, 2007
More reports
and
background information on Mumia Abu-Jamal
September 10, 2007
Dear Friends:
We continue to await a decision from the U.S. Court of Appeals for the Third
Circuit, Philadelphia, concerning my client, Mumia Abu-Jamal. This complex case
was orally argued before a three-judge panel on May 17, 2007, following
extensive litigation which included voluminous briefing and motions. In my
experience of successfully defending a large number of murder cases involving
the death penalty, it was a great day.
It is impossible to know what the federal court ruling will
be. If the judges follow the law and fairly apply the U.S. Constitution, we
will win. As to when, long ago I projected a decision would be forthcoming this
fall; it could come any day. One thing is certain: whomever loses will seek a
rehearing and petition the U.S. Supreme Court.
I have previously described the different rulings that the federal court could
make. Nevertheless some people have recently sent out e-mail containing false
information. Contrary to their claim, the federal court cannot impose a
sentence of "life in prison without parole". Only a jury verdict
could result in such an outcome, unless in the event of a penalty reversal the
prosecution elected not to seek the death penalty. Likewise the court
unfortunately cannot order that Mumia be released, for that would require a new
guilt-phase jury trial and a favorable verdict which is certainly our goal. To
once more clarify the legal situation, the scenarios of how the U.S. Court of
Appeals might rule include:
- Grant an entirely new jury trial of the guilt phase;
- Order a new jury trial limited to the issue of life or death;
- Remand the case back to the U.S. District Court for further proceedings;
or
- Deny all relief.
Racism, fraud, and politics are threads that have run through
this case since Mumia's 1981 arrest. The issues in this matter concern the
right to a fair trial, the struggle against the death penalty, and the
political repression of an outspoken journalist.
Mumia's objective is a reversal of the murder conviction
and death sentence, and the granting of an entirely new trial. At the end of
that jury trial I expect to win and see my client freed so that he can finally
go home to his family.
Thank you for your interest in this campaign for human
rights.
Yours very truly,
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Lead counsel for Mumia Abu-Jamal
