Abu-Jamal - Decision, U.S. Court of Appeals [PLEASE CIRCULATE]
Dear Friends and Supporters:
Claim 14: Whether appellant was denied his constitutional rights due to the prosecutions trial summation.
Claim 16: Whether the Commonwealths use of peremptory challenges at trial violated appellants constitutional rights under Batson v. Kentucky, 476 U.S. 79 (1986).
Claim 29: Whether appellant was denied due process during post-conviction proceedings as a result of alleged judicial bias.
Claim 16: concerns the prosecutorial use of racism in jury selection. The record establishes beyond question that racism is a major thread that has run through this case since Mumia's 1981 arrest, and continues to today. Claim 14 relates to the guilt phase. It includes the prosecutor's argument that if convicted Mumia would have "appeal after appeal." That comment effectively lessened the burden of the jurors, and turned the concept of reasonable doubt and presumption of innocence on its head.
Claim 29: is about the bias and incredible racism of Judge Albert Sabo, the trial judge. Unfortunately, it is limited to his conduct at the 1995 evidentiary (PCRA) hearing, rather than his monstrous behavior at trial. This restriction is because all of the prior attorneys mistakenly did not attack Sabo's misconduct at trial, an unfortunate oversight and mistake.
The court has also issued a briefing schedule. The case is now on the fast track, as I have been predicting. The opening briefs are due to be filed by January 17, 2006.
post this e-mail and the attached Order on your web sites, and circulate
we achieved a great victory in the campaign to win a new trial and the
eventual freedom of Mumia.
39 West 14th Street, Room 206
New York, NY 10011
phone: 212 633-6646 fax: 212 633-2889