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Recent Similar ArticlesMumia Abu-Jamal:
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Mumia Abu Jamal and the Death Penalty
by
Granma | 10.31.2008
Mumia, for his part, explains that “It’s profoundly unfair at its very foundation. If you pick a jury that is fundamentally unfair, you can only get a fundamentally unfair result." He also alerts: "There are many people who — because of what they read in the paper — firmly believe I am no longer on death row. I have read articles to that effect. Unfortunately, those articles are misleading. I have never left death row for one day. I am on death row." GRANMA Mumia Abu Jamal and the Death Penalty “Right now we’re at a crossroads in the case. His life is at stake,” says Robert Bryan the primary lawyer of the renowned African-American journalist. DEISY FRANCIS MEXIDOR Death row in Pennsylvania has twice as many black people as whites, something that doesn’t reflect the demographic composition of that US state. The 228 convicts spend 23 hours a day in small solitary cells. They must wear shackles outside their cells, even in the showers. Philadelphia is the leader of the death penalty business. African-American journalist Mumia Abu Jamal, perhaps the most well known prisoner of the 3,500 sentenced to death and languishing in US jails notes, “Many cases that would be considered third degree or even volunteer manslaughter, or not guilty in other counties, become first degree murder or death penalty cases in Philly.” He says that this is so because the entire political system of the city was constituted around the death penalty. His defense seeks to get the US Supreme Court to annul the murder conviction ruled in 1982. It has been clearly demonstrated that the projectiles that killed police officer Daniel Faulkner in 1981 didn’t come from Abu Jamal’s weapon. He was accused because of the color of his skin and with the manipulation of facts. In 2001, the Judge revoked the death sentence. His ruling was backed by the Third Circuit Court of Appeals in March this year. However, an announcement has been made that the District Attorney’s Office managed to re-impose the death penalty on Mumia. Another ingredient added to the long list of irregularities and arbitrariness committed in the case. A few days ago, Mumia’s defense lawyer, Robert R. Bryan, wrote a legal update that was published on the Internet. “More activism and support is needed in the campaign to free Mumia from the death penalty and prison. It is an affront to civilized standards and international law that he remains in prison and on death row. We must have hope and fight for justice," he said. The defense has until December 19 to present its arguments in opposition to the current decision. Mumia, for his part, explains that “It’s profoundly unfair at its very foundation. If you pick a jury that is fundamentally unfair, you can only get a fundamentally unfair result." He also alerts: "There are many people who — because of what they read in the paper — firmly believe I am no longer on death row. I have read articles to that effect. Unfortunately, those articles are misleading. I have never left death row for one day. I am on death row." That’s justice, made in the USA. |
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Comments
Mumia
Submitted by jon pisano (not verified) on Fri, 10/31/2008 - 7:03pmY'all have to understand the writings of the above article and UNDERSTAND the DEFENSE and the prosecution picks the JURY...it is NOT ONE SIDED. BOTH have challenges and elect to strike potential jurors...so it is NOT a stacked deck as some wish to believe
What Batson really means
Submitted by Free Mumia (not verified) on Fri, 10/31/2008 - 7:30pmFrom FreeMumia.com:
On July 22, the Third Circuit Court ruled against Mumia's en banc appeal requesting that the entire court hear his appeal, instead of just the three-judge panel of Thomas Ambro, Anthony Scirica, and Robert Cowen, who previously ruled against a new guilt-phase trial on March 27, 2008. Ruling against three different appeal issues, the court refused to grant either a new guilt-phase trial or a preliminary hearing that could have led to a new guilt-phase trial for Mumia. However, on the issue of racist jury selection, also known as the Batson claim, the three judge panel of split 2-1, with Ambro dissenting.
The 1986 Batson v. Kentucky ruling established the right to a new trial if jurors were excluded on the basis of race. At the 1982 trial Prosecutor McGill used 10 of his 15 peremptory strikes to remove otherwise acceptable black jurors, yet the court ruled that there was not even the appearance of discrimination. In his dissenting opinion, Ambro wrote that the denial of a preliminary Batson hearing “goes against the grain of our prior actions…I see no reason why we should not afford Abu-Jamal the courtesy of our precedents.”
---On May 17, before The US Third Circuit Court of Appeals, Christina Swarns of the NAACP Legal Defense Fund argued that that there is strong evidence of racist jury selection at the 1982 trial. The LDF Amicus Brief concludes, “it becomes abundantly clear that he has set forth a prima facie case of discrimination,” based on the standards established by the US Supreme Court’s 1986 Batson v. Kentucky ruling, establishing a defendant’s right to a new trial if proven that jurors were excluded on the basis of race.
---The LDF argues that DA prosecutor McGill's conduct “strongly suggested discriminatory intent,” and other evidence “strongly suggests” that this discrimination “was common practice,” in the DA's office. At Abu-Jamal’s trial, McGill used 10-11 of his 15 peremptory challenges to remove otherwise acceptable black jurors.
---Philadelphia was over 40% black, but the jury had 10 whites and only 2 blacks. A survey of homicide cases tried by McGill from Sept., 1981 to Oct., 1983, reveals, “the odds that Mr. McGill would peremptorily challenge an African-American potential juror were 8.47 times greater than for non-black jurors.”
---From 1977-1986 (when current Pennsylvania Governor Ed Rendell was the District Attorney), Philadelphia prosecutors struck 58% of black jurors, but only 22% of the white jurors.
Mumia
Submitted by jon pisano (not verified) on Fri, 10/31/2008 - 9:01pmWhat is NOT discussed here is HOW MANY jurors were rejected by the DEFENSE...How many were white or other? How many were black? Did those who were rejected upon questioning informed this was a capitol murder case and willing, if the evidence proves, elect the death penalty? If they said no to that question, it's a rejection by the prosecution,and rightfully so. Tell us what are "otherwise acceptable black jurors"
It is NOT all black and white...it's about justice and following the rule of law
johnnypeppers@hotmail.com
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