- SF Bay Area future events
- 8/2 Detroit Rally: Pam & Ramona Africa


Dear Friends of Mumia Abu-Jamal,

Below we include a report by Robert R. Bryan regarding yesterday's reactionary and racist decision of the U.S. Court of Appeals for the Third Circuit to deny Mumia an en banc rehearing of his appeal for a new trial. In plain language, after a three-judge panel of the same court rejected Mumia's appeal, Mumia asked the whole court to hear the appeal. His request was denied.

Mumia's legal team will now petition the U.S. Supreme Court for a writ of certiorari, that is, a request that the court certify that it will hear Mumia's appeal. This petition must be filed within 90 days. There is no legal requirement that the court grant a hearing. The record indicates that the U.S. Supreme Court denies some 90 percent of all such petitions in death penalty cases.

It is clear that all important court precedents, from the Third Circuit to the U.S. Supreme Court, have affirmed in rulings on other cases the principles in the famous Batson v. Kentucky case wherein the exclusion of Black jurors without cause is deemed unconstitutional and requires a new trial. This is a central legal issue in Mumia's case; 11 of 14 Black jurors were excluded through preemptory challenges. But with 26 years of what has now been called "Mumia Law" or better, the "Mumia Exception" the law is one thing; its application to Mumia's case is quite another.

We have demonstrated over the past 13 years of Mobilization activity that Mumia is the victim of a monstrous frame-up orchestrated by the Philadelphia Police Department, the Office of the District Attorney and indeed, the entire "criminal justice system." We have long held that Mumia's freedom rests in our hands, in our capacity to build and mobilize the mass forces that make it impossible to deny Mumia's innocence and impossible to keep him in prison.

The battle for Mumia's freedom continues. The Mobilization to Free Mumia Abu-Jamal is planning an ambitious series of activities in the weeks and months ahead. These include:

* Appearances by Mobilization speakers on several Bay Area news shows explaining the court ruling and preparing for future actions.

* Collaboration with the Pam Africa and the International Concerned Family and Friends of Mumia Abu-Jamal on a series of national projects to heighten awareness of the critical state of this fight for Mumia's life and freedom.

* Mobilization to Free Mumia participation in the September 27-29, 2008 tenth anniversary Critical Resistance conference at Laney College in Oakland, California.

* Organization of an eight-day tour of J. Patrick O'Connor, author of the new book, "The Framing of Mumia Abu-Jamal." Tentative dates, October 1-8, 2008

Your active support and financial contributions are essential.

*Please make your check payable to:
Mobilization to Free Mumia Abu-Jamal and mail to:
P.O. Box 10328
Oakland, California 94610

*Please see details below for the 8/2 Detroit Rally with Pam & Ramona Africa and pass on the information.

FREE MUMIA!

In solidarity,

Laura Herrera and Jeff Mackler, Co-Directors
510-268-9429


Legal Update


Date: July 22, 2008
From: Robert R. Bryan, lead counsel
Subject: Federal ruling regarding Mumia Abu-Jamal, death row, Pennsylvania [please circulate]

U.S. Court of Appeals for the Third Circuit, Philadelphia Today our Petition for Rehearing and Rehearing En Banc, submitted on behalf of my client, Mumia Abu-Jamal, was denied by the U.S. Court of Appeals for the Third Circuit. Simply put, we did not receive the needed majority vote from the nine sitting judges; at least five votes for a rehearing were necessary. However, Justice Thomas L. Ambro continues to urge the granting of relief on the issue of racism in jury selection. That position, as detailed in his brilliant dissenting opinion of March 27, 2008, will continue to serve as a beacon of hope as we press on for a new trial and Mumia's freedom. Judge Ambro said that the ³core guarantee of equal protection, ensuring citizens that their State will not discriminate on account of race, would be meaningless were we to approve the exclusion of jurors on the basis of . . . race. . . . I respectfully dissent.² A copy of today's decision is attached.

Reaction Mumia and I had a legal conference this afternoon. He, as I, was stunned by the federal court's refusal to grant relief since it flies in the face of established legal precedent in both the U.S. Court of Appeals and the U.S. Supreme Court. I am furious because racism continues to raise its ugly head in this country, and should have no place in our legal system. The indisputable facts are that the prosecutor engaged in racism in selecting the jury in this case, and that bigotry lingers today in Philadelphia. It would be naive not to realize that this case continues to reek of politics and injustice.

U.S. Supreme Court We will be seeking relief in the Supreme Court. The Petition for Writ of Certiorari will be filed by October 20, 2008, unless there is an extension. The racism issue will be presented, along with the fact that the prosecutor made misrepresentations to the jury in order to obtain a murder conviction against Mumia.

Conclusion My goal remains a complete reversal of the conviction, even though the federal court has already granted a new jury trial on the question of the death penalty. We will not rest until Mumia is free.

Yours very truly,

Robert R. Bryan
Lead counsel for Mumia Abu-Jamal

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Detroit Public Meeting to

FREE MUMIA ABU-JAMAL, the MOVE 9,
and All Political Prisoners

Saturday, August 2, 2008
1 PM to 4 PM

Orientation Theater at the Charles H. Wright Museum of African-American History
(East Warren between John R and Brush, Detroit)

Guest Speakers:
Ramona Africa
Pam Africa

For more information: 313-671-3715
http://www.mecawi.org