Mumia Abu-Jamal

Von: "Robert R. Bryan" <>

Betreff: Mumia Abu-Jamal -

Legal Update, Germany

Datum: Donnerstag, 29. Oktober 2009 22:23

 

Dear Friends:

 

In nearly three decades of being on Pennsylvania's death row, Mumia

Abu-Jamal has become a global symbol in the campaign against the death

penalty and human rights abuses. There is an escalated effort by the

authorities to see him die at the hands of the executioner. This is

the most dangerous time for Mumia since his 1981 arrest. I am

fighting for his life. Public support is crucial to this campaign to

save and free him. There follows an overview of recent significant

developments.

 

United State Supreme Court We continue to litigate on behalf of Mumia

in the U.S. Supreme Court. Last year the U.S. Court of Appeals for

the Third Circuit, Philadelphia, ruled that he was entitled to a new

jury trial on the issue of the death penalty. That victory never took

effect because the state petitioned the Supreme Court for review. The

matter is pending. Thus Mumia remains on death row and under a death

sentence.

 

Even though the major briefing has been completed, the Supreme Court

has withheld rendering a decision due to the pendency of a case from

Ohio, Smith v. Spisak, which has a similar issue regarding

instructional errors at the penalty phase. In Mumia's case the jurors

were instructed that they were precluded from considering any

mitigating evidence unless all 12 agreed on the particular

circumstance. The Supreme Court heard oral arguments in Spisak on

October 13. Mumia and I are anxious about the effect of that case

because it is one of the worst imaginable. As Shannon P. Duffy of The

Legal Intelligencer wrote the next day: "In a bizarre twist of fate,

Mumia Abu-Jamal . . . may find that his very life hinges on the

outcome of the case of a neo-Nazi triple murderer who wore a Hitler

mustache at trial as he testified proudly about his desire to kill

blacks, Jews and gays." That is ironic, for Mumia's life as a

journalist and author has been committed to speaking out against

racism, discrimination of any sort, inequality, injustice, and human

rights abuses.

 

My office has received many inquiries as to when the Supreme Court

will rule, my analysis of what occurred in Spisak, and what will the

court decide. First, I anticipate a decision within two months even

though it is always difficult to accurately make such predictions.

Secondly, there are significant differences between the Spisak case

and that of Mumia. Most importantly, the controlling decision of

Mills v. Maryland applies to Mumia's case but not to Spisak. Mills

was decided in 1988, a year before the Pennsylvania state proceedings

became final in our case. However, Spisak had already been decided

when Mills came down; Mills is not retroactive. The Spisak case

actually concerns both the instructional issue and another on the

ineffectiveness of the defense attorney due to his penalty phase

argument. Only the former has any relevance to Mumia.

 

The hearing was lively with Justice Sonia Sotomayor at the outset

questioning the Ohio attorney general about the applicability of the

Mills decision since it was decided after Spisak became final. It

seems that all the justices, with the exception of Clarence Thomas,

had questions. Finally, my impression at the end of the day was that

clearly some of the justices were poised to reverse and rule for Ohio

on the legal incompetence issue. Whether there are enough votes for

such a decision remains to be seen. Justice Ruth Bader Ginsburg and

Samuel A, Alito, Jr. were clearly bothered by the trial lawyer's poor

penalty-phase jury argument, while Anthony Scalia thought it was

"brilliant." As to the instructional issue that affects Mumia, it

does not seem so clear for there are different ways the court could

go. On the one hand it might not reach the issue since Mills does not

apply, or because the court finds that the death penalty cannot stand

in view of the lawyer's ineffectiveness. On the other hand, the court

could address the Mills issue which might affect my client's situation

in different ways.

 

Pennsylvania Supreme Court We are also litigating an issue concerning

the reliability of the ballistics evidence presented at trial. On

April 20, 2009, we filed a Petition for Habeas Corpus Relief in the

trial court, the Court of Common Pleas, Philadelphia. The petition,

based upon newly discovered evidence, was denied without a hearing on

May 27, 2009. The matter is being appealed to the Pennsylvania

Supreme Court.

 

Recent activities In recent months there have been many events

regarding Mumia. A few of the more interesting, were:

 

Germany There are organization and individuals in Germany who are

dong incredible things to save Mumia. Their work is a model of

positive activism. Last spring the Akademie der Künste (Academy of

Arts), Berlin, hosted a panel discussion on Mumia to a capacity

crowd. It began with an except from In Prison My Whole Life.

Participating on the panel, was: Madame Danielle Mitterrand, former

First Lady of France; Klaus Staeck, President of the Akademie; Johano

Strasser, President of PEN Germany; Günter Wallraff, a well known

author; Gerhart Rudolf Baum, member of the Bundestag (parliament),

former Minister of the Interior, and United Nations representative;

and me. A video of the event is available, at:

http://www.adk.de/de/aktuell/forum_dokumentationen/forum_27.Akadgespr.html

.

 

The Netherlands and World Day Against the Death Penalty October 10

was World Day Against the Death Penalty. I was in the Netherlands at

the invitation of Amnesty International to speak on behalf of Mumia.

That included a lecture at the prestigious Utrecht University school

of law, sponsored by Ad Informandum. My topic: Mumia Abu-Jamal and

the Death Penalty: A Global Human Rights Crisis. It was a great

experience, for I have not encountered more bright and inquisitive

students. They were interested in why the United States, in company

with countries such as Iran, China, and Saudi Arabia, is still in the

business of executing people. I also spoke at the showing of the

extraordinary movie, In Prison My Whole Life, concerning my client and

the death penalty. Mumia and I are particularly indebted to Amnesty's

Stef Arens, who was responsible for organizing these events. Another

highlight was seeing Arlette Stuip, who attended Goddard College with

Mumia. She and her husband Tom have remained his good friends.

 

Reporters Without Borders, Paris Recently Reporters Without Borders

published a video interview regarding Mumia and the latest case

developments. It is in English, French and German, and can be found

at: http://www.rsf.org/spip.php?page=article&id_article=34689.

 

France The movement for Mumia in France is strong, led by the

Ensemble Sauvons Mumia Abu-Jamal which is composed of approximately 80

organizations. Come rain, sleet or snow, supporters continue to

demonstrate each week at the U.S. Embassy in Paris. The film In

Prison My Whole Life is being shown in theaters around France. In

September, Nicole and I joined Claudine Cordillot, Mayor of Villejuif,

a Paris suburb, for a showing of the movie and a presentation

afterwards. One of Mme. Cordillot's first acts upon taking office in

1999 was to come out in support of Mumia. The Council of Villejuif

unanimously declared both him and Nelson Mandela citizens of honor.

 

Donations for Mumia's Legal Defense Our legal effort is the front

line of the battle for Mumia's freedom and life. His legal defense

needs help. The costs are substantial for our litigation in the U.S.

Supreme Court and other court. To help, please make your donations as

follows:

 

Spendenkonto für BR Deutschland und umliegendes europäisches Ausland:

 

Archiv 92/Sonderkonto Jamal

S.E.B. Bank Bremen

Konto-Nr. 100 8738 701 (BLZ 290 101 11)

Stichwort »Verteidigung«

(Überweisungen aus EU-Ländern:

IBAN DE78 2901 0111 1008 7387 01 - BIC: ESSEDE5F290)

 

Conclusion Mumia's life remains in great danger. My career has been

marked by successfully representing people facing death in murder

cases. My goal is to save Mumia's life and win his freedom.

 

Yours very truly,

 

Robert R. Bryan

Law Offices of Robert R. Bryan

2088 Union Street, Suite 4

San Francisco, CA 94123-4117

Lead counsel for Mumia Abu-Jamal

Kontakt- & Diskussionsmöglichkeit