Joined: 10 Aug 2006 Posts: 258 Location: kalifornia
Mumia's Final Appeal 5.17.07
BATTLE ON IN THE ELEVENTH HOUR OF MUMIA'S CASE!
HIS FINAL APPEAL HAS RECEIVED A COURT DATE! READ ON AND BE IN PHILLY MAY 17 TO SUPPORT MUMIA'S FINAL CHANCE FOR RELEASE!
Please Distribute Widely!
3/31 - Organizing Meeting - SF
Legal Update from Attorney Robert Bryan
4/15 - Hip Hop for Mumia - NYC
4/21 - Writers for Mumia - NYC
4/24 - Strategizing Event - Mumia's Birthday - Philadelphia
**5/17** Oral arguments - 3rd Circuit Court of Appeals - Philadelphia
Dear Friends of Mumia Abu-Jamal,
The letter below from Attorney Robert Bryan indicates that oral arguments have been set for May 17, 2007 for Mumia Abu-Jamal's case. We have been waiting for this moment for over a year. There will be a mass mobilization in Philadelphia - details TBA (for now, see other important dates in NY and PA below). We are planning events in northern California in solidarity with MUMIA and need your help.
Organizing Meeting:
Sat, 3/31, 10:30 am
298 Valencia St. (at 14th St., near 16th St. Bart Station)
San Francisco, CA
415-255-1085
Please join us as we plan future events including a celebration of Mumia's 53rd birthday, April 24th.
!!FREE MUMIA!!
In solidarity,
Jeff Mackler and Laura Herrera
Co-Coordinators
The Mobilization to Free Mumia Abu-Jamal
San Francisco, CA
415-255-1085
The freemumia.org website will be available on Saturday night, 3/24 (very sorry for temporary tech problem)
[Note: "help 'em fry the ni - - er" is misspelled only to avoid email profanity filters that would prevent this message from reaching some recipients if the text were to be copied for email distribution]
Re: Mumia Abu-Jamal v. Martin Horn, Pennsylvania Director of Corrections
U.S. Court of Appeals Nos. 0 1-90 14,02-900 1 (death penalty)
Dear Friends:
Today notification was received that oral argument in the case of my client, Mumia Abu-Jamal, is scheduled on Thursday, May 17, 9:30 am, in the U.S. Court of Appeals for the Third Circuit, Ceremonial Courtroom, 1" Floor, U.S. Courthouse, 6"' and Market Streets, Philadelphia. The NAACP Legal Defense and Educational Fund, Inc., and the National Lawyers Guild, which have filed amicus curiae (friend of the court) briefs, are also participating.
This case concerns Mr. Abu-Jamal's right to a fair trial, the struggle against the death penalty, and the political repression of an outspoken journalist. Racism and politics are threads that have run through this case since his 1981 arrest. The complex issues under consideration, which are of great constitutional significance, include:
Whether Mr. Abu-Jamal was denied the right to due process of law and a fair trial under the Fifth, Sixth and Fourteenth Amendments because of the prosecutor's "appeal-after-appeal" argument which encouraged the jury to disregard the presumption of innocence and reasonable doubt, and err on the side of guilt.
Whether the prosecution's use of peremptory challenges to exclude African Americans from sitting on the jury violated Mr. Abu-Jamal's rights to due process and equal protection of the law under the Sixth and Fourteenth Amendments, and contravened Batson v. Kentucky, 476 U.S. 79 (1986).
Whether the jury instructions and verdict form that resulted in the death penalty deprived Mr. Abu- Jamal of rights guaranteed by the Eight and Fourteenth Amendments to due process of law, equal protection of the law, and not to be subjected to cruel and unusual punishment, and violated Mills v. Maryland, 486 U.S. 367 (1988), since the judge precluded the jurors from considering any mitigating evidence unless they all agreed on the existence of a particular circumstance.
Whether Mr. Abu-Jamal was denied due process and equal protection of the law under the Sixth and Fourteenth Amendments during post-conviction hearings as the result of the bias and racism of Judge Albert F. Sabo which included the comment that he was "going to help'em fry the ni - - er".
Recently the Philadelphia District Attorney's Office sent a letter to the court suggesting that the entire Third Circuit should disqualify itself from deciding the case of my client. We filed a reply strongly objecting to this absurd request, explaining that the position of opposing counsel was "utterly unfounded and should be rejected." On March 10 the court rebuked the prosecution, advising that it had failed to follow proper procedure and thus no action would be taken.
Professor Judith L. Ritter, associate counsel, and I are in this case to win a new and fair trial for Mr. Abu-Jamal. The goal is for our client to be free. Nevertheless, he remains in great danger. If all is lost, he will be executed. Your interest in this struggle for human rights and against the death penalty is appreciated.
Yours very truly,
Robert R. Bryan
Lead counsel for Mumia Abu-Jamal
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WRITERS FOR MUMIA CELEBRATING UPCOMING BIRTHDAY
The New York Chapter of the National Writers Union has issued a call, WRITERS FOR MUMIA, in preparing to host a birthday celebration for renown journalist and political prisoner Mumia Abu-Jamal. The event is scheduled to take place on Saturday, April 21 (details to follow).
All poets, fiction and non-fiction writers interested in participating should contact Susan E. Davis ( sednyc@earthlink.net) or Louis Reyes Rivera (Louisreyesrivera@aol.com ). There'll be a ten-minute restriction on speakers.
The FOP Attacks Donald Payne, one of the 31 representatives who opposed the House Resolution condemning the naming of "Rue Mumia" in Saint-Denis, France
The Fraternal Order Of Polive (FOP), having successfully intimidated Chaka Fattah, is now going after Donald Payne, former chair of the Congresssional Black Caucus, signer of the 1995 Fattah pro-Mumia letter, a clear ally in the past, and having recently been one of the courageous 31 who opposed the House Resolution condemning Saint-Denis. See below for the details of this campaign in the form of the FOP press release.
Call Congressman Payne's office, write, fax, etc. to express your support. Details will be forthcoming. This is the government/FOP terrorism. Note how the FOP describes its power to intimidate those who might even consider opposing them.
Please call, fax, or e-mail Congressman Donald Payne of New Jersey, to thank him for his principled "no" vote re the December 6th vote to condemn Saint-Denis for naming a street in honor of Mumia Abu-Jamal. Urge him to stay strong in the face of the FOP attempts to punish and intimidate him.
ATTENTION NEW JERSEY RESIDENTS, PARTICULARLY IN PAYNE'S CONGRESSIONAL DISTRICT: YOUR SUPPORT IS PARTICULARLY IMPORTANT.
Donald Payne's contact info:
phone: (202) 225-3436
fax: (202)- 4160
Long live the people's resistance! We will not be intimidated by these cowardly, fascistic, organizations and individuals that pretend to be defenders of "safety". They are violent defenders of the war-making, prison-building, torturing, and killing that violates international law and all standards of justice but which they try to pass off as "law enforcement".
Suzanne Ross, for the Free Mumia Abu-Jamal Coalition
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FOP PRESS RELEASE
POLICE OFFICERS DEMAND PAYNE BE DROPPED FROM ST. PATRICK'S DAY
HONORTRENTON, NJ
The Fraternal Order of Police * New Jersey State Lodge has asked organizers of Newark's St. Patrick's Day parade to reverse their decision to dedicate this year's parade to U.S. Congressman Donald M. Payne.
The police organization made its request by letter to Kevin P. Frey, general chairman of the St. Patrick's Day Parade Committee."Congressman Payne does not deserve this honor," said FOPNJ president Edward R. Brannigan. "His disrespect for police officers and apparent sympathy for a convicted cop killer is repugnant and undeserving of any honor."
On December 6, 2006 the U.S. House of Representatives voted to condemn a decision by St. Denis, France to rename a street in honor of Mumia Abu-Jamal. Known at the time as Wesley Cook, Abu-Jamal was convicted of murdering 25-year-old Philadelphia Police Officer Daniel Faulkner on December 9, 1981.The House resolution condemning the street renaming passed by an overwhelming 368-31 vote. Payne was one of the 31 House members to vote against the resolution."Congressman Payne's vote against condemning an honor for a convicted cop killer is a slap in the face of every law enforcement officer and the family of Daniel Faulkner," said Brannigan, a retired Newark police officer and Grand Marshal of the city's 2004 St. Patrick's Day Parade. "Newark's St. Patrick's Day Parade Committee should reverse its decision to honor Payne, or risk sullying it's own reputation by disrespecting Officer Faulkner's sacrifice."
The Fraternal Order of Police is the world's largest organization of sworn law enforcement officers, with more than 318,000 members in more than 2,100 lodges. The FOP is the voice of those who dedicate their lives to protecting and serving our communities. It is committed to improving the working conditions of law enforcement officers and the safety of those we serve through education, legislation, information, community involvement, and employee representation.
CONTACT: Ernest Landante, Jr., Novita, 609-989-1000
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TO SIGN ON TO THIS LETTER, SEND YOUR NAME AND ORGANIZATION TO: mailto:mark.taylor@ptsem.edu>mark.taylor@ptsem.edu
An Open Letter To John Conyers, Jr.
Chair, House Committee on the Judiciary, U.S. House of Representatives
1. We the undersigned demand that you initiate formal hearings and inquiry to reconsider House Resolution 1082 (December 6, 2006) that condemned the city of St-Denis, France, for naming a street in honor of Mumia Abu-Jamal, and also called upon France's national government to take action against St-Denis.
2. We denounce the Resolution's intervention into St-Denis' municipal affairs and into those of a foreign sovereign nation. We would not expect the U.S. government to take action against one of its own cities because a foreign legislative body disagrees with a decision made by a U.S. city, and it is outrageous for a U.S. legislative body to now call for French governmental action against St-Denis. We commend the 31 House members who voted against such an unacceptable resolution.
3. We reaffirm what was clear from St-Denis's inaugural act for creating "Mumia Abu-Jamal Street:" its intention to express opposition to the death penalty world wide, and appreciation for Abu-Jamal's exemplary advocacy for justice. We applaud St. Denis for its vision and courage in highlighting Abu-Jamal's struggle.
4. We protest the haste of the Resolution, a condemnation of St-Denis that was rushed through the House of Representatives in the last three days of the previous, 109th Congress, and under a suspension of rules without benefit of a single hearing or of any of the usual considerations by the House Committee on the Judiciary.
5. We disapprove of the Resolution's interjection of legislative powers into a judicial matter that is still alive and pending before a court of law. H.R. 1082 conveniently hides this fact, being silent about four crucial claims in Abu-Jamal's case that are now being considered by the U.S. Court of Appeals for the Third Circuit.
6. We object to the Resolution's false claim that Abu-Jamal was tried by "a jury of his peers." The truth is that this very issue was accepted as a ground for appeal of his conviction by the Third Circuit. In fact, Abu-Jamal's jury was purged of 11 qualified African-American jurors by the prosecutor's unconstitutional use of peremptory challenges, leaving only 2 African Americans among the 12 who decided on his case and his sentence in a city that is 44% African American.
7. We find scandalous that the language of the Resolution has such careless disregard for the facts that it invents new inflammatory rhetoric about the case, claiming wrongly, for example, that Abu-Jamal "struck Officer Faulkner four times in the back with his gun," a point not even made by the prosecutors at the original trial.
8. We register our grievance that this Resolution was passed over your vote and spurns past actions of support by the Congressional Black Caucus (CBC) and the National Black Caucus of State Legislators (NBCSL). In 1999, the CBC claimed that in Abu-Jamal's case "treatment of evidence and application of justice had been arbitrary and inconsistent," and a 2004 resolution of the NBCSL joined with organizations the world over to call for a new trial and his release from prison.
9. We deplore how this hastily-enacted resolution entangles the U.S. Congress in making Abu-Jamal more vulnerable to a hasty execution. The rush to judgment and execution leaves numerous issues insufficiently addressed by the courts, even by the Pennsylvania Supreme Court, whose comprehensive rulings against Abu-Jamal, according to a meticulous study by Amnesty International in 2000, were sullied by the connections of at least five of the Pennsylvania justices to the Fraternal Order of Police that still campaigns openly for his execution. One of the justices ruling against Abu-Jamal, Ron Castille, did not recuse himself, even though he was a former Philadelphia D.A. who had previously filed briefs against Abu-Jamal. Among the issues still awaiting adequate and full airing are these: (a) the failure of police to do basic investigative acts like ballistics checks, fingerprinting, and securing of the crime scene; (b) the bribing, exclusion or intimidation of important witnesses against Abu-Jamal; (c) prosecutors' intentional efforts to prevent African Americans serving on Abu-Jamal's jury; (d) the existing and mounting evidence that yet another man was in the car stopped by Officer Faulkner on the night of his killing and that Faulkner had this other man's driver's license in his pocket; (e) a court stenographer's affidavit that she heard the original trial judge, Albert Sabo, say about Abu-Jamal's case, "Yeah, and I'm going to help them fry the ni - - er"; (f) the fact that the original prosecutor, Joseph McGill, has been quoted as saying in the Philadelphia Inquirer that Abu-Jamal "could have been convicted of a lesser offense" had he waged "a true defense."
10. We renounce the Resolution's false claim that honoring Abu-Jamal with a street name in St-Denis is an affront to law enforcement. On the contrary, St-Denis' action guards the integrity of law and justice, and even the legacy of Officer Daniel Faulkner, by insisting that all claims about violations of Abu-Jamal's due process and Constitutional rights be investigated and aired fully in courts of law.
THEREFORE, we reaffirm our demand that the House Committee on the Judiciary begin a formal hearing to reconsider the egregious misstep of H.R. 1082, which was passed so hastily by the 109th Congress. The formal inquiry would have the following purposes: (1) to allow all sides, especially representatives from St-Denis, France, to be present and give expression to their views before Congress, and (2) to allow Congress to find an appropriate voice on the matter of Abu-Jamal's case - a voice that respects House legislative processes that are free of hasty decision-making, a voice that does not interject itself into the active legal case of Abu-Jamal, and a voice that would respect the sovereign matters of another nation's city.
Pam Africa, International Concerned Family and Friends of Mumia Abu-Jamal
Suzanne Ross, Free Mumia Coalition (NYC)
Mark L. Taylor, Educators for Mumia Abu-Jamal
Julia Wright, CO
Join us Sunday, April 15, 8 pm at the Remote Lounge for a Fundraiser for Mumia!
Featuring:
C Rayz Walz
Immesiah Soul
Queen Godis
A-Alikes
Pat-riot
Seeds of Wisdom!
The Remote Lounge 327 Bowery St (Between 3rd St. and E. 2nd St), NYC
$12, all funds go to International Concerned Family and Friends of Mumia Abu Jamal
Spread the word!
April 24 -- Be in Philly! Save the date!
We will be at the Clef Club, 738 S. Broad St., Philadelphia, PA.
If you can't be in Philly, organize where you are!
Join:
Ron Hampton, of the National Association of Black Police Officers;
Danny Glover, acclaimed actor and activist;
Sonia Sanchez, reknowned poet and revolutionary;
Linn Washington, award-winning journalist and professor;
Harold Wilson, recently exonerated 18 year death row resident;
Ramona Africa, MOVE member and May 13, 1985 survivor!
DeLacy Davis, founder of Black Cops against Police Brutality
View "Framing of an Execution," Learn where Mumia's case is at and what we can all do to bring him home!
-Ad this code to comments, or bulletins. I'd like to see a lot of people target Alex Jone's comments since he seems ignorant of this matter, not to mention there is a lot of traffic to his comments.
Alex Jones' predictability will amount to his own demise.
madthumbs wrote:
I'd like to see a lot of people target Alex Jone's comments since he seems ignorant of this matter, not to mention there is a lot of traffic to his comments.
Alex Jones will not listen -- and this is a good thing. Let me explain. You see Alex Jones likes to whine and cry whenever he is on the defensive. It doesn't matter if people mention Mumia-related issues to him. Just like how Jones falsely accuses those who mention Zionism to him as being "COINTELPRO disinfo agents", so too will he do the same with those who mention anything else outside the scope of his reports. The point is, Jones is highly predictable and must rely on the same tactics of ignorance again and again. The more he continues to ignore issues that truly matter, the more he exposes himself as a gatekeeper, shill, useful idiot, expendable media asset and such. The public is no longer as stupid as the multi-layered / multi-directional Zionist media hopes to think.
Alex Jones is actually very dumb (and I mean that literally). You see the fact that he obviously ignores issues like this really proves that he isn't capable of seeing how an increasingly informed public continues to take notice of his ignorant patterns. He is a tool who is caught up in a deception game that demands continuous adjustments in tactics; even though he clearly does not know how to adjust. The public is catching up to his palpability -- not to mention that the momentum swing itself is already very obvious as well. Too many people already know about Mumia not to notice the fact that Alex Jones obviously ignores him.
Jones' lack of intelligence revolves around his lack of self-awareness. His lack of self-awareness is one his biggest weaknesses (and he has a lot -- a lot being an understatement); and it also remains one of the top reasons as to why his so called "credibility" continues to self-destruct. He is a useful tool who will soon run out of usefulness. Soon, he'll be obsolete, just like the rest of his planted cult / bandwagon. He is nothing more than a self-overrated / overhyped tool. It's also laughable (but not surprising) that there have been many people who have sincerely fallen for his ridiculously obvious misinformation / disinformation / spin tactics. For those who still continue to, well shame on you.
Wed May 02, 2007 2:48 am
madthumbs
Joined: 22 Feb 2006 Posts: 8246 Location: Fingerlakes - NY usa
Part of the reason I ask to post on his comments are not only to help Mumia, but expose Alex for not covering this.
Part of the reason I ask to post on his comments are not only to help Mumia, but expose Alex for not covering this.
Do whatever you think is necessary. I'll try to help as well by posting anonymously all over the internet about Alex / Prisonplanet / Infowars constantly and deliberately ignoring Mumia's situation. That's how I usually do things when it comes to exposing Alex Jones and other misinfo / disinfo tools all over the net. I post randomly in many boards as "anonymous guests". I've been doing that sort of thing even before Alex Jones and company established themselves in the net. I'm sure a lot of other people do the same as well. 8-)
I never utilize this "MYSpace" though and venues associated with that. I've used YouTube a few times this year, but that's it. Those venues are "new" (in my eyes), and I don't trust them at all. I like to stay safe at all times, unless I'm fairly confident in a site, such as this (OD), even though this site is much newer. We all know how things are these days.....Echelon, Information Awareness, the NSA, MOSSAD, Internet Surveillance, the list goes on. Of course those contrivances have been around for such a long time, but given the increasing rate of technological upgrades by the dawn of the 21st century, I believe we must learn how to adjust against increasingly sophisticated counter-attacks and spying techniques. It's just hard to trust anybody else except for oneself in these current times. But that's actually ok with me.
With that being said, I also think Alex Jones' credibility in the eyes of the public is all but done -- or it is getting close to that threshold of imminent futility. His influence on the public has vastly deteriorated in recent times. In fact, I believe the guy's influence was over-rated to begin with. His "popularity" was probably never as big as he propagandized it to be. Most of the people I know haven't even heard of him.
I don't like to give Alex Jones too much attention and importance nowadays -- since his own palpability will completely backfire on him in the long run anyways. He will get what he properly deserves (as with all liars, shills, tools, fools, misinfo / disinfo agents, etc.). Karma has a way with dealing with everyone. But like I said, I'll see what I can do to help.
Regards.
Last edited by totalitariantiptoe on Wed May 02, 2007 8:37 am; edited 1 time in total
Wed May 02, 2007 7:51 am
madthumbs
Joined: 22 Feb 2006 Posts: 8246 Location: Fingerlakes - NY usa
Quote:
Most of the people I know haven't even heard of him.
This is why I like to expose these people on their own territory and wherever they're promoted when possible. Alex Jones is given mainstream attention though.
Most of the people I know haven't even heard of him.
This is why I like to expose these people on their own territory and wherever they're promoted when possible. Alex Jones is given mainstream attention though.
Yeah that's true. Alex Jones is part of the mainstream in my opinion, because I seem him as an "alternative" aspect of it. So as compared to the general mainstream content, his legacy is rather small. Sure he pops up every now and then in the mainstream media; but really now, he isn't going to win the world over -- especially since his credibility is on the decline. But anything to speed up the process of his downfall even more is always a bonus.
Perhaps you may also try giving out flyers, stickers, and so forth that expose him and the likes of him. There are so many different ways to do it, in and outside of the internet. Confidence is key as well. Sometimes not overdoing it is a sign of confidence, since this would be an act of "letting go" so to speak. I find that, for every action, there needs to be a balance - an equilibrium between opposing forces. If anything is imbalanced, it will backfire. This explains why some "truth" movements always seem to self-destruct, because they overdo things to the point of appearing imposing, dictatorial, and almost "extremist" in a sense.
Most people who are clueless wouldn't know what to believe if things were overdone. So I think every task must be taken in stride -- to help the people think for themselves. We can guide them in the right direction, but we must also learn how to let go and trust the people to make up their minds when it's all said and done. Of course there's no guarantee that it will always be a success, but nothing in life can be perfect anyways.
Last edited by totalitariantiptoe on Wed May 02, 2007 9:19 am; edited 1 time in total
If anything is imbalanced, it will backfire. This explains why some "truth" movements always seem to self-destruct, because they over do things to the point of appearing imposing or dictatorial.
This an excellent quote which you seem to be full of btw. You cannot force people to see the truth they must want to see it. When you sound like a lunatic people will naturally look at you as such even if there is truth in what you are saying. It is most likely by design since much of the PAYtriot movement plays on peoples nationalistic emotions. This is what you see with the particular movement you mentioned up there. If Alex says it must be true. His ego is ridiculous and he never admits his flaws or when he messes up. That lack of sincerity is probably what is making people finally see his nonsense.
I will probably be at that gathering rooting for Mumia. I no longer care if I am under radar because its important that those who want truth see what is going on to a fellow human being who exposed and still exposes much of the corruption that is going on in the system. I might not agree with everything he says but he has done more to expose human injustice than Alex Jones ever will.
Let the awareness continue. :protest:
Wed May 02, 2007 9:12 am
madthumbs
Joined: 22 Feb 2006 Posts: 8246 Location: Fingerlakes - NY usa
Joined: 22 Feb 2006 Posts: 8246 Location: Fingerlakes - NY usa
"ACTION ALERT: Ensure Fairness For Mumia Abu-Jamal on NBC's The Today Show!
On Dec. 6, NBC's The Today Show intends to air a show about Michael Smerconish and Maureen Faulkner's new book "Murdered By Mumia." According to the announcement on Michael Smerconish's website, the show is planning to feature both Smerconish and Faulkner as guests.
The International Concerned Family and Friends of Mumia Abu-Jamal (FreeMumia.com), Journalists for Mumia (Abu-Jamal-News.com), and Educators for Mumia (EmajOnline.com) have initiated a media-activist campaign urging people to write The Today Show at <mailto:today@msnbc.com asking them to fairly present both sides of the Mumia Abu-Jamal / Daniel Faulkner case, by also featuring as guests, Linn Washington, Jr. (Philadelphia Tribune columnist and Associate Professor of Journalism at Temple University ) and Dr. Suzanne Ross (Clinical Psychologist and Co-Chair of the Free Mumia Abu-Jamal Coalition, NYC).
The International Concerned Family and Friends of Mumia Abu-Jamal (FreeMumia.com)
Journalists for Mumia Abu-Jamal (Abu-Jamal-News.com)
Educators for Mumia Abu-Jamal (EmajOnline.com)
Sat Dec 01, 2007 9:08 am
madthumbs
Joined: 22 Feb 2006 Posts: 8246 Location: Fingerlakes - NY usa
PHILADELPHIA (AP) — A federal appeals court on Thursday said former Black Panther Mumia Abu-Jamal cannot be executed for murdering a Philadelphia police officer without a new penalty hearing.
The 3rd U.S. Circuit Court of Appeals upheld Abu-Jamal's conviction, but said he should get a new sentencing hearing because of flawed jury instructions. If prosecutors don't want to give him a new death penalty hearing, Abu-Jamal would be sentenced automatically to life in prison.
Prosecutors are weighing their options, Assistant District Attorney Hugh Burns Jr. said Thursday.
Abu-Jamal's lead attorney, Robert R. Bryan, said he was glad the court did not uphold the death sentence, and said he wants a new trial.
"I've never seen a case as permeated and riddled with racism as this one," Bryan said Thursday. "I want a new trial and I want him free. His conviction was a travesty of justice."
Abu-Jamal, 53, once a radio reporter, has attracted a legion of artists and activists to his cause in a quarter-century on death row. A Philadelphia jury convicted him in 1982 of killing Officer Daniel Faulkner, 25, after the patrolman pulled over Abu-Jamal's brother in an overnight traffic stop.
He had appealed, arguing that racism by the judge and prosecutors corrupted his conviction at the hands of a mostly white jury. Prosecutors, meanwhile, had appealed a federal judge's 2001 decision to grant Abu-Jamal a new sentencing hearing because of the jury instructions.
Hundreds of people protested outside the federal building in Philadelphia where arguments were heard in May and an overflow crowd — including legal scholars, students, lawyers, the policeman's widow and Abu-Jamal's brother — filled the courtroom. Abu-Jamal's writings and taped speeches on the justice system have made him a popular figure among activists who believe he was the victim of racism. Abu-Jamal is black; Faulkner was white.
The flaw in the jury instructions related to whether jurors understood how to weigh mitigating circumstances that might keep Abu-Jamal off death row. Under the law, jurors did not have to unanimously agree on a mitigating circumstance.
"The jury instructions and the verdict form created a reasonable likelihood that the jury believed it was precluded from finding a mitigating circumstance that had not been unanimously agreed upon," the appeals court wrote.
Arguments before the 3rd Circuit focused on several constitutional issues, including whether prosecutors improperly eliminated black jurors.
Ten whites and two blacks served on the jury. Prosecutors struck 10 blacks and five whites from the pool, while accepting four blacks and 20 whites, according to Bryan, who argued that prosecutors of the day fostered "a culture of discrimination."
Burns argued in court that Abu-Jamal was raising issues on appeal that he had not raised during a lengthy 1995 review of the case.
The officer's widow, Maureen Faulkner, has kept her husband's memory alive over the years, and recently co-wrote a book about the case. The book, "Murdered by Mumia: A Life Sentence of Loss, Pain and Injustice," written with radio talk-show host Michael Smerconish, came out in December.
