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4/17/19

Philadelphia DA withdraws appeal of Superior Court Judges grant of new appeal rights to Mumia Abu-Jamal

Dear Friends of Mumia Abu-Jamal,

The sensational news today that Philadelphia District Attorney Larry Krasner withdrew his appeal of Superior Court Judge Leon Tucker's grant of new appeal rights to Mumia Abu-Jamal is a major breakthrough that opens the door wide to re-building a broad and decisive movement in the U.S. and internationally to win Mumia's freedom.

Krasner's statement to the media is below. Despite its limitations in not applying the core decision inherent in Judge Tucker's ruling, that is, not making it applicable to the myriad of other victims of the criminal injustice system, the simple fact that Mumia’s appeal rights have been reinstated, can only aid the justice fight for others in the future. Judge Tucker affirmed and Krasner was forced to agree that “judicial bias” and an “absence of impartiality” were central to key decisions that denied Mumia his basic constitutional rights – the precise arguments that we have pressed forward since our formation more than 27 years ago. 

Krasner's decision undoubtedly was influenced by our movement’s collective actions repudiating his adverse initial ruling, including his dis-invitation from speaking engagements at events were he hoped to pose himself as a progressive defender of human rights. No doubt Krasner has been subjected to immense pressure from the Fraternal Order of Police and other such organizations and political figures that have long sought Mumia's execution. His decision has the effect of eliminating years of legal challenges through the various court bodies just to secure the right that Judge Tucker initially granted. 

Now Mumia's legal team can proceed to immediately re-litigate all the key issues that the the Pennsylvania Supreme Court previously denied, including, for example, the challenge to Mumia's trial Judge, "hanging judge," Albert Sabo, who notoriously stated in his antechambers immediately prior to entering the courtroom, "Yeah, I am going to help ‘em fry the nigger."

Today we witnessed an historic win for Mumia that will redound across the globe. As always, any legal victory in the racist criminal justice system is never secure unless the full weight of a fighting massive, united and dedicated social struggle takes the lead in winning new and ever-broaderning forces to bare. Mumia Abu-Jamal is an innocent, framed political prisoner, whose freedom struggle has taught a new generation that the U.S. presides over a racist, classist mass incarceration - school to prison scenario social system that imprisons the largest number and percentage of its population than any other nation on earth. A victory for Mumia, that is, winning his freedom and bringing him home, will represent a victory for all humanity.

A major indication that rekindling the spirit of unity and dedication needed to win Mumia's freedom is on the immediate movement agenda  was the wonderful April 6, 2019 St. John's Presbyterian Church Berkeley event sponsored by our Mobilization to Free Mumia Abu-Jamal entitled “Mumia Abu-Jamal: An Evening for Justice and Freedom.” Keynote speakers Angela Davis, Alice Walker, Judith Ritter (Mumia’s lead counsel), Pam Africa and Jeff Mackler were joined by UC Berkeley Department of African American Studies chair Ula Taylor and NLG former SF Bay Area president Stephen Bingham in a rousing rally attended by 400 area activists. The forum raised $6,500 for Mumia's freedom fight. It was truly an effort that can be duplicated across the country as we aim to bring tens of thousands back into the street to demand Mumia's freedom.

Join us! 
In solidarity,
Jeff Mackler, Director, Mobilization to Free Mumia Abu-Jamal

Here's Krasner's statement.

Statement: Philadelphia District Attorney Larry Krasner withdraws appeal in Mumia Abu-Jamal case.
PHILADELPHIA DISTRICT ATTORNEY’S OFFICE

FOR IMMEDIATE RELEASE

Contact: Ben Waxman 
Phone: 215–686–8711, benjamin.waxman @ phila.gov

PHILADELPHIA (April 17th, 2019)—Today the Philadelphia District Attorney’s Office withdrew its recent appeal of an opinion granting a re-hearing of some previously decided issues in the case of Mumia Abu-Jamal. We withdrew the appeal because the opinion we appealed has been modified consistent with our primary concern—-that ruling’s effect on many other cases.

By way of background, Mumia Abu-Jamal was convicted of the murder of a young police officer, Daniel Faulkner, that occurred on December 9, 1981. Even after Maureen Faulkner, the wife of the victim, chose not to continue seeking the death penalty several years ago in hopes of closure, the case has evoked polarizing rhetoric and continues to assume a symbolic importance for many that is distinct from the factual and often technical legal issues involved in the case.

The technical issue at stake here is simply whether or not some decided issues need to be re-heard by a Pennsylvania appellate court due to one former judge’s having worn two hats—-the hat of an apparently impartial appellate judge deciding Abu-Jamal’s case after he earlier wore the hat of a chief prosecutor in the same case. Although the issue is technical, it is also an important cautionary tale on the systemic problems that flow from a judge’s failing to recuse where there is an appearance of bias.

Justice Castille did not recuse himself before deciding appeals in the Abu-Jamal case and several others, including the Williams case. In the Williams case, the United States Supreme Court decided that Castille should have recused himself because of the role he took as a chief prosecutor in Mr. Williams’s matter. The U.S. Supreme Court ordered that Mr. Williams’s appeal be re-heard by the Pennsylvania appeals judges, without the taint of Castille’s participation.

A similar question of Castille’s role exists in the Abu-Jamal case. In order to help resolve it, our Office exhaustively searched hundreds of file boxes in relation to the Mumia Abu-Jamal matter, including six previously undisclosed boxes (now turned over to the defense, as required by law). While we did not find any document establishing the same level of involvement by Castille in the Abu-Jamal case as in the Williams case, we did find (and turned over) a June, 1990 letter from then-District Attorney Castille to then-Governor Robert Casey, urging that the Governor issue death warrants, especially in cases involving people who have killed police, in order to “send a clear and dramatic message to all police killers that the death penalty actually means something.” Although the letter does not mention Mr. Abu-Jamal or his case by name, at the time Justice Castille wrote to Governor Casey, there were only three cases involving people who had been convicted of killing police that were pending. One was Mr. Abu-Jamal’s.

In the end, the trial-level judge considering this issue wrote an opinion that agreed with us that these indications of strong feelings on the part of Justice Castille did not rise to the level of the direct and active involvement Justice Castille took in the Williams case but went further, deciding there should be a re-hearing of Abu-Jamal’s decided issues anyway, based on more general principles of judges needing to recuse to avoid the appearance of bias.

We appealed, making it extremely clear in our court papers that our primary concern was with the overly broad language of the opinion and its potentially devastating effect on hundreds of long settled cases, decades after their cases were resolved, including its hurtful effect on victims and survivors. We highlighted our concern with the overly broad language of that opinion in five specific respects and specifically noted that we would re-consider appealing if the trial-level court issued another decision addressing the concerns we raised.

Although the judge was not required to do so, on March 27 he issued another decision that addressed the concerns we raised. The judge made clear that his opinion should not be read to mean that several hundreds of cases were disturbed—-it should be applied only to people convicted of killing police officers whose cases were in the District Attorney’s Office while Castille was District Attorney (the category of cases Castille highlighted in his June 1990 letter to Casey). Given that the trial-level court has now addressed the concerns that led us to appeal in the first place, we have withdrawn the appeal.

Our decision to withdraw the appeal does not mean Mr. Abu-Jamal will be freed or get a new trial. It means that he will have the appeals that Justice Castille participated in deciding reconsidered by a new group of appellate court judges, untainted by former Chief Justice Castille participating in their decision. The trial-level judge has ordered the Philadelphia District Attorney’s Office and the defense to re-submit the legal briefs done in the past (which were written under prior administrations), effectively setting the clock back to where it was in the past.

The result will be that long-settled convictions in other cases will not be disturbed and that decisions made by the Pennsylvania Supreme Court on the legal issues raised decades ago in the Abu-Jamal matter will no longer be tainted by the appearance of bias. 




4/8/19

Dear Friends of Mumia Abu-Jamal,

Our Saturday, April 6 rally at St. John’s Presbyterian Church in Berkeley was a resounding success with 400 in attendance to hear our wonderful speakers, Pam Africa, Alice Walker, Angela Davis, Judith Ritter, Ula Taylor and Stephen Bingham. A full report is in preparation.

At the rally Pam Africa reported on Mumia’s deteriorating eyesight condition. Here’s a more detailed report from Rachael Wolkenstein, who visited Mumia yesterday.

In solidarity, Jeff Mackler, Director, Mobilization to Free Mumia Abu-Jamal


On Mon, Apr 8, 2019, 5:48 PM Rachel Wolkenstein wrote:

MUMIA'S DETERIORATING EYE SIGHT

Mumia's eyesight appears to be deteriorating. On Saturday (April 6)

I visited Mumia with Wadiya. I was able to give him Judge Tucker's March 27 response to DA Krasner. Mumia read it in full. But he could only read the page by holding it within three inches of his eyes.

Mumia is diagnosed with both glaucoma and cataracts, his left eye is in worse shape than the right. Glaucoma is damage to the optic nerve in one or both eyes. Once sight is lost from glaucoma it is not regained. The treatments--via eye drops and surgery--are to slow down or stop the loss of vision.

Mumia is being treated by an outside doctor with offices in Pottsville. Mumia has been applying different types of eye drops and had laser surgery on both eyes. Both the drops and surgery are to reduce the abnormally high pressure in the eyes.

Mumia also has cataracts, which is the clouding of the lens of the eye from a buildup of protein. Many people develop cataracts as part of aging. Cataracts can be removed via surgery. Mumia does not know if there are plans to removing his cataracts soon. There are complications in treatment for people who have both glaucoma and cataracts.

Causes of Glacouma include:

Having high internal eye pressure (intraocular pressure)

Being over age 60

Being black, Asian or Hispanic

Having certain medical conditions, such as diabetes, heart disease, high blood pressure and sickle cell anemia

Having had an eye injury or certain types of eye surgery

Taking corticosteroid medications, especially eyedrops, for a long time.

As Mumia said, he was dosed with large doses of steroids when the DOC began “treating” his skin condition. His severe beating by police on December 9, 1981 damaged his left eye.

At bottom, Mumia appears to be at risk of losing his sight. The seriousness of this for Mumia’s (and all of us) cannot be overstated. Getting a full report on Mumia’s eyes and current treatment is essential. Additional pressure needs to be coordinated to compel the DOC to properly treat Mumia. We need to publicize this aspect of Mumia’s health problems. This is another urgent medical emergency and another critical reason that Mumia must be freed from prison NOW.


Rachel, April 8, 2019




Report on 4/6/19 Event in Oakland, CA

Mumia Abu-Jamal - An Evening for Justice and Freedom

By Jeff Mackler

Two months in the planning, the April 6, 2019 public forum at St. John’s Presbyterian Church in Berkeley represented a profound contribution to renewing the justice and freedom struggle of innocent and framed for murder political prisoner, Mumia Abu-Jamal.

A capacity multi-racial and multi-generational  crowd of 400 people, including a broad range of political activists from many social movements, youth, students oldtimers and newcomers, packed St. John’s Presbyterian Church in Berkeley to hear prominent and inspiring speakers in the freedom movement including:

  • Ula Taylor, Chair, UC Berkeley’s Department of African American Studies
  • Stephen Bingham, Past President, SF Bay Area National Lawyers Guild
  • Alice Walker, Pulitzer Prize novelist
  • Angela Davis, civil and human rights activist, scholar, founder Critical Resistance
  • Judith Ritter, Mumia's lead attorney
  • Pam Africa, founder, leader, International Concerned Family and Friends of Mumia Abu-Jamal, and,
  • Jeff Mackler, director, Mobilization to Free Mumia Abu-Jamal.

At one point in the rally Pam Africa asked the audience to rise and display hundreds of signs reading “Krasner: Drop the Appeal!” Africa told this writer that this event, coupled with the decision of Yale Law School students to dis-invite Krasner from a conference there last month, as well a myriad of other coordinated protests and petitions, had the effect of compelling Krasner, who continues to oppose Mumia's freedom, to, in this rare instance, “do the right thing.” 

An awe-inspiring spirit of solidarity and enthusiasm for renewing the struggle to win Mumia’s freedom prevailed throughout the meeting, with the audience rising at least a dozen times with standing ovations to mark one after another speakers’ profoundly unifying and penetrating remarks. April 6 evidenced a classic united front-type mobilization with most everyone present contributing to building it in one form or another, especially in the social media. Friends brought friends and helped to spread the word far and wide. Campus Black Student Unions, Cuba solidarity networks, death penalty activists, antiwar coalitions, churches, the UC Berkeley African American Studies Department, Middle East Children’s Alliance, Palestinians, and environmental organizations as well as several socialist groups joined to make this event a huge advance for Mumia's freedom struggle. Local left-oriented radio stations joined the building effort, with Mumia supporters appearing on five occasions. The two-hour rally was videoed by three groups.

A total of $6,500.00 was collected at the door, during the fund pitch and via some advance contributions. St. John's Presbyterian Church waived the $1500.00 rental fee. Professional artists largely waived their fees for designing the flyer accompanying this page. The proceeds of the evening went to the International Concerned Family and Friends of Mumia Abu-Jamal, via its founder-leader, Pam Africa.

Over 100 attendees signed the Mobilization to Free Mumia Abu-Jamal mailing list. Literature tables from several social movements crammed the large antechamber leading to the spacious St. John's Presbyterian Church main cathedral.

With the help of Prison Radio, Mumia presented taped remarks to the meeting thanking all the speakers and praising their enduring social justice work. He gave special credit to this writer, the event's coordinator, but mistakenly identified me as the editor of Socialist Action newspaper as opposed to Socialist Action's national secretary.  He praised Socialist Action for its decades-long dedication to his freedom and its leadership role in the antiwar/anti-imperialist movements.  He credited Socialist Action for its central role in winning a reprieve and freedom for Lynne Stewart, the magnificent attorney who was a government frame-up victim on charges of “conspiracy to aid and abet terrorism.” Stewart as the lead counsel  for the “blind sheik” and Egyptian cleric, Omar Abdel Rahman, who was similarity a frame-up victim of the government’s “war on terrorism.”

A 20-foot banner, “Mumia Abu-Jamal Voice of Freedom, Free Mumia Abu-Jamal” was prominently displayed across the stage.

April 6 was truly a movement effort that came at the right time and with the right cast of speakers, activists and promoters. The key political lessons attendant to Mumia’s renewed efforts were hammered away by all speakers, each in their own style and in their own manner: Mumia’s case, riddled with manufactured "evidence," racist judges, lying police testimony, intimidation of key eyewitnesses testifying to Mumia's innocence, exclusion of Black jurors, etc., is no exception, they insisted, but rather a profoundly revealing example of the racist, classist and corrupt nature of  the U.S. criminal injustice system. The U.S. leads the world in incarcerating the largest number and percentage of its population, the majority Black, Latinix and Native American.  It stands first in the world in the number of people on death row, slated for execution. All agreed that this racist, internal colonialist, school-to-prison for profit mass incarceration abomination must be challenged and abolished. A united and massive movement to do so is on the order of the day.  

The “Evening for Justice and Freedom” meeting served to re-open Mumia’s case and to introduce his struggle to a new generation of activists who look to the Mobilization to Free Mumia Abu-Jamal’s almost three decades of struggle on Mumia’s behalf in Northern California for ongoing leadership. 

 



1/9/19

Six boxes of documents found in DA's office re: Mumia Abu-Jamal

Dear Friends of Mumia Abu-Jamal,

Just when we have begun to digest the critical importance of Judge Leon Tucker’s December 2018 ruling that 17 years of fundamentally flawed decisions of the Pennsylvania Supreme Court were reversed and that Mumia was granted the full right to submit all of his previously rejected appeals, we learned that a few days ago the Philadelphia District Attorney’s office had mysteriously found six lost boxes of files on Mumia’s case. While the contents have not been revealed, an apparently embarrassed Assistant Attorney has notified Judge Tucker of their existence and offered to turn them over the Judge Tucker. 

The details, albeit some speculative as to the contents, are below.

In solidarity,  Jeff Mackler, Director, The Mobilization to Free Mumia Abu-Jamal  

Article: Philly Prosecutors Discover Mysterious Six Boxes Connected to Mumia Abu-Jamal

WHYY:

Philly prosecutors discover mysterious six boxes connected to Mumia Abu-Jamal in storage room

By Bobby Allyn January 9, 2019

A group of two dozen activists briefly block traffic during a rally outside the Philadelphia District Attorney’s office on Friday. The group called on DA Larry Krasner to not challenge a Common Pleas court ruling that allows Mumia Abu-Jamal to file an appeal. (Bastiaan Slabbers for WHYY)

Days after Christmas, Philadelphia District Attorney Larry Krasner and some of his assistants went rummaging around an out-of-the-way storage room in the office looking for some pieces of furniture. What they stumbled upon was a surprising find: six boxes stuffed of files connected to the case of convicted cop killer Mumia Abu-Jamal.

Five of the six boxes were marked “McCann,” a reference to the former head of the office’s homicide unit, Ed McCann. Some of the boxes were also marked “Mumia,” or the former Black Panther’s full name, “Mumia Abu-Jamal.”

It is unknown what exactly the files say and whether or not the box’s contents will shed new light on a case that for decades has garnered worldwide attention.

But in a letter to the judge presiding over Abu-Jamal’s case, Assistant District Attorney Tracey Kavanagh wrote “nothing in the Commonwealth’s database showed the existence of these six boxes,” she said. “We are in the process of reviewing these boxes.”

The surprise discovery comes just weeks after a Philadelphia judge reinstated appeals rights to Abu-Jamal, saying the former radio journalist and activist should get another chance to reargue his case in front of the Pennsylvania Supreme Court due to a conflict-of-interest one of the justices had at the time Abu-Jamal’s petition was denied.

Abu-Jamal’s supporters are seizing on the mysterious six boxes as proof that his innocence has been systematically suppressed by authorities.

“There’s no question in my mind that the only reason they could’ve been hidden like this is that this is the evidence of the frame-up of Mumia,” said Rachel Wolkenstein, who has been a legal advocate and activist for Abu-Jamal for more than 30 years.

“What these missing boxes represent is confirmation of what we’ve known for decades: there’s hidden, exculpatory evidence in Mumia’s case, and that is evidence that Mumia’s guilt was intentionally manufactured by the police and prosecution and the truth of his innocence was suppressed,” Wolkenstein said.

The Philadelphia District Attorney’s Office did not say anything at all about what is in the boxes, or whether there is evidence that the files are exculpatory, or capable of demonstrating that Abu-Jamal did not commit a crime. During his original trial three separate eyewitnesses testified Mumia did commit the murder of Philadelphia Police Officer Daniel Faulkner.

Wolkenstein’s assessment is wild speculation, according to Ed McCann, the former homicide unit chief whose name was scrawled across the six boxes. McCann left the office in 2015 after 26 years there as a prosecutor. He was never directly involved in Abu-Jamal’s case.

“I can’t tell you 100% what is in these boxes,” McCann said Wednesday night. “But I doubt there is anything in them that is not already in the public eye.”

How and why did six boxes tied to one of the most legendary and racially-charged cases the office has ever handled get relegated to a dusty storage room?

McCann is not sure. But he said when the office moved locations in 2006, hundreds of boxes with his name written them were moved into the current headquarters on South Penn Square, just across the street from Philadelphia City Hall.

“I don’t remember these six boxes. But nobody over there discussed this with me before filing this letter,” McCann said. “I would think if they were really interested in what happened, they would have reached out to me.”

In the two-page letter to the court, assistant district attorney Kavanagh wrote that if Judge Leon Tucker would like to review the boxes, prosecutors will turn them over.

Tucker, who is the same judge who ordered that Abu-Jamal should be given a new appeals argument, has not weighed in on the newly-discovered boxes.

But in his opinion last month, Tucker said former Pennsylvania Supreme Court Justice Ronald Castille should have recused himself from hearing Abu-Jamal’s petitions, since Castille himself was Philadelphia’s District Attorney when the case was actively on appeal. “True justice must be completely just without even a hint of partiality, lack of integrity or impropriety,” wrote Tucker, saying a new hearing in front of the state’s high court is warranted.

Prosecutors have not taken a position yet on Tucker’s opinion. The files unearthed in the six boxes could influence whether Krasner’s office supports or opposes a new hearing for Abu-Jamal.

Wolkenstein said the thousands of people who have joined the “Free Mumia” movement around the globe should be able to review the documents themselves.

“These files should be released publicly,” Wolkenstein said. “The remedy for this is nothing less than dismissal of Mumia’s charges and his release from prison.”




1/2/19

Dear Friends of Mumia Abu-Jamal,

Below is an important report on the December 31 visit with Mumia by Rachael Wolkenstein, a former Mumia attorney still active in the struggle to free Mumia.

In solidarity,

Jeff Mackler, Director, The Mobilization too Free Mumia Abu-Jamal

Visit with Mumia, December 31, 2018

“This must be what it feels like to have a judge deciding my criminal case who hasn’t been paid for by the Fraternal Order of Police (FOP).” – Mumia Abu-Jamal, December 31, 2018

January 2, 2019— I visited Mumia Monday afternoon (December 31) to discuss this incredible legal win— new rights to appeal— which is a huge and critical step on the path to his freedom after 37 years imprisonment, almost thirty in solitary confinement on death row. I also wanted to make sure he had a copy of Judge Leon Tucker’s 37-page decision to read.

Mumia first heard news of the decision on radio, reporting his petition was “denied in part, won in part.” After speaking with Wadiya (Mumia’s wife), he called and was surprised when I read him Judge Tucker’s order that he won new appeal rights! That Judge Tucker denied the Williams argument does not impact the decision and court order granting Mumia the right to re-appeal all the prior post-conviction issues that were denied by Justice Ronald Castille and rest of the PA Supreme Court from 1998-2012.

Mumia’s lawyer Sam Spital (NAACP Legal Defense Fund) arranged a call with Mumia about the ruling, but Mumia hadn’t yet received a copy of the decision, which was filed last Thursday, December 27.

Mumia asked what I thought about the decision, which I told him I had described in interviews as a “victory” and his first win, ever, in the PA courts, and opens the door to him walking out of prison. It was unusual for me to be so exuberant from me about a court decision in his case.

Mumia repeated the response he had given to Prison Radio when asked for his reaction to the decision:

“It reminds me of when Nixon went to China, and a US diplomat asked China's #2, Chou En-Lai what he thought about the French Revolution. He replied, ‘It's too soon to tell’.”

Mumia’s guarded response is rooted in the history of his case: Innocent and charged with a murder the cops knew he didn’t commit. A trial before the notorious Judge Albert Sabo, “king of death row,” and denied the most fundamental rights of due process at trial, couldn’t get the attorney of his choice, couldn’t represent himself, African-Americans excluded from the jury, lying witnesses, phony ballistics and manufactured confession. During the almost 20 years of post-conviction evidentiary hearings and four rounds of legal claims to overturn his frame-up conviction the PA Supreme Court denied his appeals presenting the evidence of prosecution, police and judicial bias, misconduct and corruption that should have led to dismissal of the charges against him, or at least a new trial.

Mumia is hopeful as well as guarded: He had me take down his specific words: “This must be what it feels like to have a judge deciding my criminal case who hasn’t been paid for by the Fraternal Order of Police (FOP).”

There will be no “victory” until Mumia is free. With this court order that Mumia can re-appeal his post-conviction we have the legal opening. This decision has electrified Mumia’s supporters and broke through a national blackout on the case, except for the contrived outbursts of Maureen Faulkner in the courtroom and her claims of victimization.

Mumia asked what we knew about whether DA Larry Krasner is going to appeal. On Monday the word from Krasner’s spokesman was Judge Tucker’s decision was being reviewed. [Since then Maureen Faulkner announced that Krasner told her a decision would be “in a few days.”] Mumia repeated that Larry Krasner had made it clear he would oppose his petition for new rights to appeal when he put Ronald Castille on his post-election advisory board. This was after the U.S. Supreme Court severely criticized Castille for violating a defendant’s due process rights and judicial ethical canons in not recusing himself in Williams’ case.

An appeal of Judge Tucker’s order means years of court proceedings before getting appeals court agreement with the grant of rights for Mumia to re-appeal his conviction. Life imprisonment is slow death row. Mumia has shared with me that he told DOC officials that he had faced state execution twice in his life; but he never felt closer to death than while in general population and mistreated for his skin condition and went into diabetic shock. 

Mumia strongly agrees with the immediate international mobilization to convince DA Krasner not to appeal. Mumia had heard about the demonstration in front of Krasner’s office on Friday, December 28.

Our discussion focused heavily on the import of Judge Tucker’s decision for Mumia as well as others. When Mumia’s direct appeal was denied by the PA Supreme Court in March 1989, he wrote a piece, “Law is Politics By Other Means.”  So too does Judge Tucker’s decision reflect a political dynamic played out in the legal arena.

This decision is historic, for Mumia and because of the legal basis of Judge Tucker’s ruling, it helps all men and women in the vise of the U.S. criminal injustice system. Judge Tucker relies on the due process clause of United States Constitution and federal and Pennsylvania case precedent that there was unconstitutional bias in the PA Supreme Court denials of Mumia’s post-conviction claims because he was deprived of an “unbiased tribunal without even the appearance of impropriety.”

Mumia is of course, well-aware that the FOP, with Maureen Faulkner as a spearhead, is upping their virulent campaign to keep Mumia locked in prison till death. Mumia wondered if Maureen Faulkner would have had her outburst if Judge Tucker wasn’t African-American. In talking later with Pam Africa, she made the point that the heavy FOP presence, filling half the courtroom, was likely an attempt at intimidating Judge Tucker.

Judge Tucker described Mumia’s case as, “one of the most polarizing cases in Philadelphia history, the nation and perhaps worldwide.” Tucker decided Mumia’s case on the grounds that due process requires an impartial tribunal, and “recusal is warranted when ‘a significant minority of the lay community could reasonably question the court’s impartiality.’” The test is whether there is the “appearance of bias or impropriety.

“The participation of the Justice [Castille] in Petitioner’s [Mumia’s] PCRA appeals before the PA Supreme Court lends itself to the appearance of impropriety as a result of the campaign speeches [a law and order platform touting having “sent 45 people to death row”], campaign endorsement [Fraternal Order of Police], and letters urging the issuances of death warrants.” [Letter from Castille to Gov. Casey et. al]

“Recusal by Justice Castille would have been appropriate to ensure the neutrality of the judicial process.”

This decision becomes precedent for any case where a judge has publicly declared support for a “law and order” agenda, unqualified support for capital punishment, the Fraternal Order of Police, or received financial support from the FOP.

FOP influence, power and corruption permeates the entirety of Mumia’s arrest conviction, death sentence and appeal denials. Trial Judge Albert Sabo (who later oversaw Mumia’s post-conviction evidentiary hearings from 1995-1997) was publicly known as pro-prosecution, put more men on death row than any other judge in the country and a life-long member of the Philadelphia County Sherriff’s Association.

In June 1995 we made a motion to Judge Sabo to recuse himself on grounds of bias and conflict of interest, which he of course denied. In August 2001, Terri Mauer-Carter, a court stenographer came forward with the information that Judge Sabo had told another judge at the beginning of Mumia’s 1982 trial, “I’m going to help them fry the n-----r.”  This bias, prejudice and conflict of interest that should have resulted in a new trial for Mumia but was denied in the appeals decided in 1998 and in 2004, with Justice Ronald Castille on the PA Supreme Court.

Judge Tucker’s decision is itself precedent in Mumia’s re-appeals to the point that Judge Sabo deprived Mumia of due process because of the “appearance of bias or impropriety by a tribunal,” at trial and during his PCRA proceedings. Even on this one issue out of a dozen or more, Mumia’s should get a new trial, if not dismissal of the charges.

Mumia is guarded while fighting: Mumia’s final words were that in every new legal action in his case—whether it be to defend Judge Tucker’s order if Krasner appeals or in Mumia’s filing of his re-newed appeals—there must be motions to recuse any judge or justice who gets financial support from the FOP on grounds of bias, the appearance of lack of impartiality. He asked me to let everyone know.

This decision opens the door to Mumia’s freedom but he won’t get through it without the outpouring of support and the mobilization internationally demanding Mumia freedom. Winning Mumia’s freedom is a victory for us all.

Mumia is Innocent and Framed! Be in Philadelphia on January 5 demanding Krasner Not Appeal Judge Tucker’s Order!  Free Mumia Now!

Rachel Wolkenstein, January 2, 2019




12/27/18

Mumia Abu-Jamal wins major court victory

By Jeff Mackler

On December 27, Philadelphia Superior Court Judge Leon Tucker ruled in favor of Mumia Abu-Jamal, holding that the actions of former Pennsylvania Supreme Court Judge Ronald Castille demonstrated a "lack of impartiality" and "the appearance of bias."

Tucker’s decision represents a major victory for Abu-Jamal that opens the door to a new trial--or dismissal of the murder charges against him--after an appeal to the Pennsylvania courts.

Incarcerated in 1981 in a racist frame-up murder trial of police officer Daniel Faulkner and on death row for most of the past 37 years, Mumia was a prize-winning journalist and today the author of 10 books on various aspects of the freedom struggle. His latest book, Murder Incorporated: Empire, Genocide, Manifest Destiny, 2017, co-authored by filmmaker Stephen Victoria (Long Distance Revolutionary, 2014) with a forward by Chris Hedges, is invaluable reading for revolutionary activists who seek the truth about capitalist imperialism's centuries of horrors and the historic resistance against them.

Mumia's freedom struggle has been supported by scores of trade unions across the U.S. and in Europe as well as by Amnesty International, the NAACP and numerous city council resolutions from San Francisco to Detroit.

Tucker's 27-page ruling was in two parts. He held in Part Two that with regard to all of Mumia’s numerous denied Post Conviction Relief Act (PCRA) appeals between 1998 and 2014, Supreme Court Judge Ronald Castille's actions in campaigning for the Pennsylvania governor to sign death penalty warrants for all "convicted cop killers" and other biased acts, violated Mumia's fundamental constitutional rights.

Castille had participated in PA Supreme Court decisions that denied all of Mumia’s appeals, including a request from Mumia's attorneys that he recuse himself from deciding the case he had helped to prosecute and another decision where the same Castille court refused to consider documented evidence submitted by court stenographer Terri Maurer Carter that Mumia’s trial judge Albert "the hanging judge" Sabo had stated in his antechambers before entering the courtroom to adjudicate Mumia's case, "Yeah, I'm going to help 'em fry the nigger." Mumia’s decades long sojourn through the racist U.S. "criminal justice system" is replete with what has become infamously known as “the Mumia exception," that is, contorted applications of the "law" aimed at denying its applicability to the facts in Mumia's case. These include systematic exclusion of eyewitness testimony proving his innocence, intimidation of witnesses, falsification of exonerating ballistics findings, fabrication of testimony that Mumia admitted to the killing of police officer Daniel Faulkner and Mumia's physical exclusion from a majority of his trial proceedings – to name a few of the legal atrocities attendant to his trial and subsequent proceedings. 

Judge Tucker's ruling opens the door for Mumia to appeal all of Castille's decisions over a 17-years period. Tucker denied Part One of Mumia’s appeal that pertained to whether or not Castille had been significantly or personally involved in Mumia’s prosecution in order to qualify under the provisions of the 2016 Supreme Court William's case. Mumia’s attorneys may appeal this decision in order to fight on both legal fronts. 

While the present Philadelphia District Attorney, Larry Krasner may well appeal Tucker's amazing and unexpected decision, the door is nevertheless wide open to a lengthy legal battle along with renewed national and international campaigns to win massive and united support in the streets to demand Mumia's freedom. 

 


9/12/17

Judge Tucker Orders DA to Turn Over All Files to him on September 21

Dear Friends of Mumia Abu-Jamal,

Below is the latest news on Mumia’s fight for freedom. You may recall that based on the 2106 Williams decision by the U.S. Supreme Court a state prosecutor who later becomes a judge cannot participate in deciding a case that he/she has prosecuted.

In the case of Mumia, Pennsylvania prosecutor Ronald Castille was engaged in Mumia’s prosecution and later voted, as a PA Supreme Court judge, in denying Mumia’s appeals, despite Mumia’s attorney’s demand that he recuse himself from such voting.

Based on Williams, Mumia's attorneys have filed for relief with Philadelphia Judge Leon Tucker, who yesterday ordered PA authorities to turn over their basic records to determine whether Castile was actually involved. To date PA authorities both deny Castille’s involvement in Mumia case and refuse to turn over the documents that can prove otherwise. Thus, Tucker’s order is an important step forward.

If Mumia wins this chapter based on proof of Castille’s involvement, the door is open several alternatives including a new trial that could lead to Mumia’s freedom or a direct order from the court that Mumia be freed.

Stay tuned for the latest information and for preparation for a major and renewed fight to win Mumia’s freedom.

In solidarity,

Jeff Mackler, Director, Mobilization to Free Mumia Abu-Jamal

510-268-9429

From: Rachel Wolkenstein

Subject: Judge Tucker Orders DA to Turn Over All Files to him on September 21

Date: September 12, 2017 at 11:44:09 AM PDT

All, below is the announcement from Bret Grote and Bob Boyle of Judge Tucker's Order in response to Mumia's Last Discovery Request, that included a request for an evidentiary hearing that would have included questioning witnesses who were prosecutors involved in Mumia's case. Instead,the Judge ordered that the DA's office turn over all 31 boxes, plus of prosecution files for the Judge's personal in camera view. By the Judge's order this scheduled for Thursday, September 21 in the Judge's chambers. This procedure puts the review of the DA's files solely within the Judge's control and determination.This procedure does not allow Mumia's attorney's any direct review of the files.

Please note that in four other "Williams" cases, Judge Tucker issued the same order that the DA turn over its case files on September 21 for his in camera review. In one case, an evidentiary hearing is set for September 22.

The DA's office must be fuming.  We should anticipate the DA's request for a continuance (postponement) and an attempt to appeal Tucker's order.

While it is positive that the Judge has not accepted the DA's position--that the prosecution's record contains no evidence of Castille's involvement in Mumia's case--we are dependent on the Judge's review and evaluation of what he finds in that file. In its own Discovery responses, the DA indicated that it's search for documents was incomplete and contradictory and they never fully disclosed which files they reviewed.

There is every reason to assert that Castille was personally involved in Mumia's prosecution -- from the interest of the FOP in his death sentence and conviction, to the constitutional issues raised in his appeals, including the racially biased jury selection. We have no reason to rely on an assertion of impartiality of the courts. The judicial record of review of Mumia's case in state and federal courts, including to the U.S. Supreme Court over five times, left him facing execution for almost 30 years and has him now on the slow death row of life imprisonment. As much now or more, we need to make ourselves heard demanding Mumia's freedom.

See also the attached article by Linn Washington and Dave Lindorff that includes statements from attorneys Christina Swarns and Judith Ritter, which to my knowledge was not otherwise sent out.

I suggest a conference call to discuss publicizing this latest development and that we have public event in Philadelphia on September 21 to demand Mumia's freedom.

In solidarity and struggle for Mumia's freedom,
Rachel


From Bret and Bob:

Sent: Mon, Sep 11, 2017 5:56 pm
Subject: Latest Order from Judge Tucker

Greetings,

We received the latest order today from Judge Tucker, dated from September 7th, ordering the DA office to produce "all information and the complete file" for Mumia's case to his office for an in camera review by Judge Tucker himself, meaning he will personally inspect the documents produced. The order is attached. They have until September 21st to comply. It is our continued position that this requires more than production of the entire case file, but also any and every file that could potentially contain any relevant information pertaining to Ronald Castille's involvement in this case.

While we requested such a review in one of our earlier filings in the event the DA continued to refuse to turn over relevant documents, in our last filing we requested an opportunity to appear in front of the court to argue for further discovery. Instead, Tucker wants to inspect everything himself.

in solidarity,

Bret & Bob




5/1/17

Important court victory for Mumia Abu-jamal

Mumia Has First Win in New Legal Proceeding!

Dear Friends of Mumia,

Here's a very important report from Rachel Wolkenstein on a critical victory for Mumia based on a decision a few days ago of the Post Conviction Relief Act Judge Leon Tucker. Tucker heard Mumia's request for a new hearing on April 24. A few days later he concurred with a courtroom motion by Mumia's attorney for discovery of critical evidence that could lead to a new trial.

In solidarity, Jeff Mackler, Director, Mobilization to Free Mumia Abu-Jamal

First Legal Step Won in Mumia's New Challenge to his Conviction!

By Rachel Wolkenstein

Just days after the DA's office argued Mumia's new legal challenge should be dismissed for not being "timely" and that the precedent setting case of Williams v. Pennsylvania, that it is a violation of due process for a judge to rule in a case that he had previously had a significant personal involvement in a critical prosecutorial decision, does not apply to Mumia's case, Judge Leon Tucker ruled in favor of Mumia's demand for discovery of the DA's files.

On April 24, Mumia's 63rd birthday, the courtroom was filled with Mumia's supporters and demonstrators rallied outside and all day and into the evening demanding Mumia's freedom. The DA's office argued there was no evidence that PA Supreme Court Justice Ronald Castille, who ruled on all of Mumia's appeals from 1998-2008, had been involved in Mumia's case while he was the District Attorney from 1986-1991 or as a senior district attorney during Mumia's 1982 trial. Mumia's attorney, Christina Swarns of the the NAACP Legal Defense Fund (LDF) spoke to the exceptional circumstances of Mumia's case and that the Motion for Discovery should be granted to determine the particulars of Castille's personal involvement in Mumia's prosecution, including his appeals.

Judge Tucker did not rule for the prosecution and dismiss Mumia's petition. He granted discovery and ordered the DA's office to produce and turn over all records and memos regarding Castille's involvement in Mumia's case; pre-trial, trial, post-trial and direct appeal proceedings; communications between Castille and his staff and any public statements Castille made about Mumia's case during or after his tenure as District Attorney of Philadelphia. These records are to be turned over to Mumia's attorneys within 30 days, by May 30, 2017, and Mumia has fifteen days to file amendments to his post-conviction petition.

This is an unquestionable win for Mumia in the PA courts. It opens the prosecution files on Mumia's case to him, for the first time, ever. The DA's office will likely stall and appeal and we should be prepared for protestations that the records do not exist. This new legal proceeding is a path towards Mumia's freedom; we can win Mumia's freedom with mass international protest and publicity.


4/27/17

Dear Friends of Mumia,

From Prison Radio:

Concern was heightened last night when word came from the prison that Mumia had asked someone to call out and tell people he was being moved. Given the animosity of the administration and guards, and the recent deaths in custody, Mumia was worried and his family was worried regarding this abrupt transfer. It turns out that Mumia was moved to the infirmary and not told why. Today, the prison said it was in preparation for an outside medical appointment this morning, and in fact Mumia went to the hospital at 6am and was returned to the prison at 11:45 am.

He was immediately brought to the visiting room to visit with his brother Keith Cook Mumia's brother and Dr. Suzanne Ross. They came out of the prison at 4pm. For now, two weeks into his Hep C treatment, Mumia is on the road to recovering his health. Keith told us that Mumia wants to make sure you know that he "Thanks you and he loves everyone, and he knows how powerful the movement is, that stands behind him. And that the prison knows that people have his back, and that is very important."

A detailed report:

4/27/17

Dear Friends of Mumia,

Here's a just received report from NYC activist Suzanne Ross with some uplifting news.

Save the dates May 6 and May 7 for our two Bay Area meetings for Lynne Stewart and Mumia.

In solidarity,

Jeff Mackler, Director, Mobilization to Free Mumia Abu-Jamal


From Suzanne Ross:

Dear Comrades, Mumia supporters, and friends,

I just got home, less than two hours ago, and after a brief check in with Isabelle, sat down to write this.

Ona Move! We did it again! Our swift and forceful response, got us what we wanted and what we were entitled to: information about where Mumia was and the opportunity to see him. As I said when we left the courtroom on Monday in Philly, we're on a roll. The immediacy of our pressure on the prison and the DOC regarding Mumia's disappearance from our radar, and the volume of that response, with calls to the prison starting last night, and continuing all day today, forced the prison to meet our demand: tell us where Mumia is and allow Keith Cook, Mumia's brother, and me to see Mumia. Within minutes of Mumia's return from Geisinger Hospital where he had tests done today, he was brought to the visiting room and waited for us.

On the medical: Mumia had an endoscopy to assess whether his esophagus had deteriorated in any way. You'll remember that the DOC's ridiculous Hep C protocol required careful monitoring but NO treatment. Thus they were trying to assess whether Mumia had the esophageal varicies (that is, bleeding of the esophagus which is tantamount to death and warrants, according to the DOC, careful assessment). The Kafkesque logic of refusing Mumia treatment, finally being forced to provide it, and yet now still following their "protocol" which Judge Mariani had called "unconstitutional" is in keeping with the irrationality of how the DOC tried to maintain its control. Then, too, they may be trying to show how carefully they are monitoring Mumia to lighten their defeat in the face our lawyers' pursuit of compensation for Mumia for their incompetence, inhumanity, and near killing of Mumia. Happily, Mumia's esophagus shows no sign of deterioration, and he has no varicies.

On the arrangements for the visit: I had called the infirmary at Mahanoy early this morning and spoke to Mr./Dr. Steinhart, the Director of the infirmary. He wouldn't give me any information, including as to whether or not Mumia was in the infirmary, as he said he could only give that to family members. I told him Mumia's brother and I would be at Mahanoy shortly and that we wanted to see Mumia and he could then give the information we wanted to Keith, clearly a family member. Steinhart said we probably couldn't see Mumia this morning but most likely would be able to see him in the afternoon. When I got to Mahanoy, a little before Keith did, and went to sign in, the people at the desk said Mumia was at Mahanoy and I should take a seat. Within minutes Jane Hinman, the assistant to the Superintendent, came out, greeted me graciously, and said the Superintendent had asked her to let us know that we would be able to visit with Mumia.

Soon after, the CO's at the desk, two of whom I've seen many times before, told us (by this time Keith was with me) that we would be processed within 20 minutes or so, after countdown, did not look at our ID, and literally rushed us in, assuring us that we would be the last to leave and that we would have at least a 2 1/2 hour visit. Given the usual prison milieu, our treatment felt regal.

Mumia was in great spirits, relieved that he did not have the varicies and that his esophagus had remained stable despite the cirrhosis. Again and again, he waxed poetic about the strength and power of our movement. We were all convinced that the "graciousness" of the prison staff, on all levels, came from a decision to not provoke us any further. They did not want trouble, and knew they would have it if they did not accommodate us.

The three of us celebrated over a lunch of organic spinach salad, tried to assess Monday's court hearing and where it would go, and ended with part of Assata's famous quote, the mantra of young fighters today, "It is our duty to fight for our freedom. It is our duty to win." We have sure had some significant victories. Onto more victories!

With revolutionary love,
Suzanne


4/2/17

Dear Friends of Mumia Abu-Jamal,

Below is the latest and detailed update on two critical issues. First, while Mumia won the treatment for Hep C, and the Department of Corrections has set one week from today to begin this treatment with a 90 percent cure rate, as you will see, the deed is not yet done and the two-year delay has caused Mumia serious liver damage. We must be relentless in this fight until the DOC actually begins treatment.

Second, on Mumia's birthday, April 24, a Pennsylvania state court will consider Mumia's appeal for a Post Conviction Relief Act hearing wherein, the fight for a new trial will begin in earnest. See the details below for the Philadelphia mobilization. The combination of these new events opens the door wide for Mumia supporters to renew their efforts. We can and will win Mumia's freedom.

Finally, save the dates, May 6 and 7, for two critical meetings that will commemorate the life of people's attorney, Lynne Stewart and engage full steam ahead in the fight for Mumia on all fronts. Special guests to be announced soon. We will be joined by Lynne's husband, Ralph Poynter.

URGENT PRESS RELEASE ON MUMIA ABU-JAMAL

April 2, 2017

Contacts: mobilization4mumia @ gmail.com
Joe Piette: 610-931-2615

Mumia's Treatment Expected, But Not Yet Delivered

Delayed Hep C Treatment Leads to Death

On March 31, 2017, Mumia Abu-Jamal received a cruel mix of bad and good news from a prison doctor. The doctor shared the results of his recent lab test, which showed clear signs of cirrhosis, an irreversible scarring of the liver caused by his untreated Hep C. The doctor also informed Mumia that he would be treated with the Hep C cure within a week.

The impending victory was bittersweet. Mumia shared his feelings with those he called that morning. His rare expression of emotion was also captured in an interview that evening in which he stated: "My first reaction was really shock, anger, disbelief. If I had been treated in 2015, if I had been treated in 2012 when they say they first diagnosed it, I wouldn't be this far advanced. For a lot of guys and a lot of gals inside the Pennsylvania prisons, I think it is a step forward and a great day, but I assure you I don't feel that way right now."

The Pennsylvania Department of Corrections' apparent concession to treat Mumia with the Hep C cure was achieved through an agonizing two-year battle waged in the streets and through two court suits. However, Mumia has not yet been treated and will not be without our vigilance and continued protests.

If he is treated immediately, Mumia can expect to return to good health; but patients who have developed cirrhosis are more susceptible to developing liver cancer in the future and have to be monitored for the rest of their lives.

In the face of Mumia's battle for humane medical treatment, the PA DOC had adopted a retaliatory posture and accelerated its efforts to silence and kill Mumia by delaying treatment. Because of the failure to treat his Hep C, over the last two years, Mumia fell into a diabetic coma, experienced severe brain swelling, and suffered a painful skin condition that disfigured his body. In the last year, he and others in the prison have been forced to bathe in and drink water that is often visibly contaminated"black and turbid," as Mumia put it.

Many of Mumia's supporters around the world believed that Mumia received treatment back in early January 2017 because a federal judge ordered the DOC to provide it. But a stubborn and stonewalling PA DOC refused to comply with the ruling. The judge ordered Mumia's immediate treatment citing the unconstitutionality of the PA DOC's Hep C treatment protocol. The judge denounced the DOC, whose protocol "deliberately delays" treatment with the standard Hep C cure until the prisoner experiences bleeding of the throat, among other deadly symptoms. The decision cited eight amendment rights violations prohibiting cruel and usual punishment.

The ongoing foot dragging by the PA DOC was confirmed this week. On the same day that the prison doctor delivered the news to Mumia, PA DOC attorneys filed a scandalous motion in court. They asked the judge to dismiss Mumia's legal health suit on the basis that the DOC had decided to treat Mumia under the guidelines of pre-existing HEP C treatment protocol the same protocol that the judge previously declared "unconstitutional."

These arguments demonstrate the DOC's attempt to undermine the legal implications of Mumia's legal suit and the DOC's own misconduct. When Mumia is finally administered the cure, his treatment will establish precedent for the treatment of thousands of PA prisoners with Hep C, as well as people on the outside who can't afford the medication. Mumia's battle has exposed the deadly crisis of medical care in the prisons and the barbarism of the U.S. for-profit health care system that charges 90K for the Hep C cure.

As history shows, a judge's ruling does not ensure its implementation, especially when it challenges ruling interests. For this reason, we are asking you to take action and demand immediate Hep C treatment for Mumia, for the more than 700,000 prisoners with Hep C across the country and the millions suffering with the untreated, deadly disease outside the prison walls in our neighborhoods.

This moment has also created an opportunity to uphold Mumia's innocence and fight for his freedom. On Monday, April 24, 2017, the day of Mumia's birthday, his attorneys will challenge his conviction in the Philadelphia Court of Common Pleas. We are calling on you to join us at the courthouse and in the streets.

On April 24, his conviction attorneys, Judith Ritter and Christina Swarns (NAACP Legal Defense Fund), will take advantage of the recent Supreme Court ruling in Williams v. Commonwealth to show how judicial and prosecutorial bias in all of Mumia's state appeals have kept him behind bars. This important Supreme Court ruling determined that a judge cannot fairly adjudicate an appeal of a case for which he/she has previously had a personal role in a significant prosecutorial decision.

In Mumia's case, Judge Ronald Castile, the same judge under scrutiny in Williams v. Commonwealth, also was the elected Philadelphia District Attorney responsible for the arguments made to the Pennsylvania Supreme Court in 1988 to uphold Mumia's trial conviction and death sentence. Castille had also been a high-level assistant DA during Mumia's trial. After he was elected to the PA Supreme Court in 1994, he was involved in deliberating and denying all of Mumia's state appeals against the decisions of "hanging judge" Albert Sabo and Pamela Dembe who upheld Mumia's death sentence and denied him a new trial during multiple appeals between 1998-2007. These judges denied a new trial despite Mumia's innocence, that evidence of his guilt was manufactured by the police and prosecution and that he had been denied virtually every due process right and protection owed under the U.S. constitution.

During the appellate filing, Mumia's attorneys asked Judge Castille to recuse himself because of this bias,citing also the judges close relationship with the Fraternal Order of Police (FOP), which lobbied for Mumia's conviction. The FOP funded Castille's bid for the Pennsylvania Supreme Court and honored him as "Man of the Year." In response to Mumia's attorneys, Justice Castille responded stridently that he would not step aside, noting that he should not be singled out because five of the seven judges of that Pennsylvania Supreme Court were also supported by the FOP. It is no surprise that the court did not find one single error in the original court proceedings and thus upheld his death sentence and denied Mumia the right to a new trial.

We demand the immediate release of Mumia!

We are calling on you to do two things:

1. Call the DOC to demand immediate treatment for Mumia and all PA prisoners with Hep C ---

PA DOC Secretary John Wetzel, (717) 728-2573
(Email) ra-crpadocsecretary @ pa.gov --
(Twitter) @ johnewetzel * @ CorrectionsPA

2. Join us in Philadelphia on Monday, April 24, 2017 at 8:30AM, at the the Philadelphia Court of Common Pleas to assert Mumia's innocence and call for his immediate release.

Center for Criminal Justice, Courtroom 1101, 1303 Filbert Street, Philadephia, PA

Signers in solidarity,
International Concerned Family and Friends of Mumia Abu-Jamal
MOVE
Campaign to Bring Mumia Home
Abolitionist Law Center
Free Mumia Abu-Jamal Coalition (NYC)
Educators for Mumia Abu-Jamal
Committee to Save Mumia Abu-Jamal
Mundo Obrero/Workers World
Philly REAL Justice
Sankofa Community Empowerment
Millions for Mumia/International Action Center
Mobilization to Free Mumia Abu-Jamal/Northern California
Le Collectif Franais "Liberons Mumia"
German Network Against the Death Penalty and to Free Mumia Abu-Jamal
Amig@s de Mumia de Mexico
Saint-Denis Free Mumia Committee



3/7/17

Lynne Stewart Died Today

Dear Friends,

A few minutes ago my dear friend and comrade, Ralph Poynter, called to say that his lifelong companion, Lynne Stewart, passed away. She was 77, of Irish origin, and a born fighter who unswervingly devoted herself to humanity's cause.

Just a few weeks earlier Lynne pledged to meet me in NY in a couple of months, over dinner to be sure, when we would dance once again to demonstrate that her life still had some time to go...and for joy.

A few years earlier, when prospects looked bleak to win her freedom based on "compassionate release" Lynne insisted that she would prevail and that she would celebrate with us in San Francisco to the tunes of a brass band. Sure enough, a brass band did appear at Lynne's welcome home San Francisco rally, and she and Ralph, surrounded by her loving friends, danced in the streets at 15th and Valencia. It was a victory well worth the effort, allowing Lynne a couple of more years to fight on against all that is evil in this barbarous capitalist world, and to smile at every inch we collectively gained as we fought back.

Lynne was always surrounded by family and loved ones, with children from her first marriage, and Ralph's too, as well kids together, and grandkids - all filled with admiration for Grandma Lynne - all the recipient of Lynne's warmth, dedication, mindfulness and love.

Lynne was fond of saying, including to the New York Times reporter who interviewed her at her home a few weeks before her death, that she had no intention of leaving this earth quietly. Quoting Dillon Thomas she told The Times, whose reporter, followed the next day with a contemptuous hate piece recounting his corporate master's ire for everything wonderful in Lynne life and struggles, that she had no intention of "going gently into that good night."

That was Lynne's credo, her detractors notwithstanding. Always the poet's words in mind, Lynne insisted,

"Do not go gentle into that good night,
Old age should burn and rage at close of day;
Rage, rage against the dying of the light."

Funds are urgently needed to cover final family expenses. Give generously comrades and friends. We are honoring Lynne's gift to us all and to all who rage against injustice everywhere.

In solidarity, Jeff Mackler

Donate here:

Generosity.com

Or:

Lynne Stewart Organization
1070 Dean St.
Brooklyn, NY 11216-1st floor
(make checks payable to Lynne Stewart Organization)


Fund appeal: On Lynne Stewart's final days...

Dear Friends,

This morning I spoke with Lynne Stewart's husband, Ralph Poynter, at their home in Brooklyn, NY. We managed to do the call via video camera where Ralph and the family were surrounding Lynne, who had just had a second series of mini-strokes that rendered her unable to speak but able to hear what were perhaps my last words of love and solidarity. Lynne opened her eyes in acknowledgment, bravely trying to muster a smile.

Lynne's cancer has now spread throughout her body, including her brain. Ralph explained that her days are numbered and she is unlikely to make it to her next scheduled medical appointment on March 16.

Lynne and I go back some 63 years, to 1954-58 when we were students at Jamaica High School in Queens, NY. We relished singing the Jamaica High school song together at many a solidarity meeting. Decades later, we taught school in NYC and were union activists in the late 1960's when we opposed the 1968 racist school strike led by the AFT's reactionary leader, Albert Shanker. In those days, young Lynne, now 77, was often seen unconventionally riding on the back of Ralph's motorcycle, on her way to this or that protest. Another several decades later, when Lynne faced frame-up charges of conspiracy to aid and abet terrorism stemming from her issuing a press release on behalf of her client, the famous blind Sheik Omar Abdel Rachman, we engaged once again to try to win her freedom. After a long legal battle, where I headed Lynne's defense committee on the West Coast, Lynne was cruelly sentenced to ten years in a Texas prison, after vindictive federal prosecutors appealed a federal Court judge's sentence of some 18 months. After serving three years in prison, we mounted a campaign that won the support of 70,000 social activists across the country. Lynne, cancer ridden, was finally granted "compassionate release" following her prison doctors' diagnosis that she had less then a year to live. Lynne beat the odds and spent almost three years in freedom, continuing her lifelong commitment to defending all those victims of capitalist injustice.

Lynne was among Mumia Abu-Jamal's most ardent supporters. Lynne's court cases included some of the seminal Weatherrman cases in the 1970s as well as an amazing victory on behalf of Larry Davis, who defended himself against a multiple cop shooting invasion of his house where a number of the shoot-first police were killed.

Pilloried by the corporate media, who mocked her every success in the rigged criminal "justice" system, Lynne never bent to her accusers' contempt for an attorney for those on the other side of the class line, as Lynne aptly described it, no matter how unpopular her client.

Lynne's life was one of dedication to all the people's causes. I valued her friendship, her humor, her sparkle and her hatred for all that is evil and yet love for all that is beautiful. Only Lynne began or ended her speeches by reading from one of the world's great poets, whose universal appeal to what is best in all of us, rang true.

No doubt we will remember Lynne well when we in the Bay Area plan to memorialize her lifelong achievements.

Meanwhile, her family is in dire need of financial support as these last days painfully proceed and the months before. Here's an appeal by Ralph and the family's longterm friend, Betty Davis.

Please send your generous contribution as per the information below.

In solidarity and with the greatest admiration for a comrade and friend whose life set the bar high for all of us who cherish human freedom and dignity.

Jeff Mackler, Past West Coast Coodinator, Lynne Stewart Defense Committee and Director, Mobilization to Free Mumia Abu-Jam;

From Ralph and Betty:

Once again the clock is ticking for Lynne Stewart. She has been in a state of medical crisis for a week and all of the expenses are mounting. We urgently need her supporters and all concerned 'spirit warriors' of 'good will' to check out the INDIEGOGO Appeal or send a donation ASAP to the:

Lynne Stewart Organization
1070 Dean St.
Brooklyn, NY 11216-1st fl.
(make checks payable to Lynne Stewart Organization)





2/15/17

Urgent! Save Mumia's life! Please forward widely and donate now!

Dear Friends of Mumia Abu-Jamal,

Below is an emergency appeal for funds to cover Mumia's immediate legal costs. We are seeking to raise $25,000 in the next few weeks. Please act accordingly and generously.

The appeal below is from the NY-based Committee to Save Mumia Abu-Jaml, Mumia's loyal supporters with whom we in the Mobilization to Free Mumia Abu-Jamal, Northern California have worked closely for decades. The funds raised will go to our dear friend, attorney Bob Boyle, who has diligently carried the burden of Mumia's medical appears for years. You may recall that Bob was key to winning Lynne Stewart's freedom. And you might remember that I served as the West Coast Coordinator of Lynne's defense case.

HOW TO DONATE:

Committee to Save Mumia Abu-Jamal
PayPal

Or:

Please read the information below and mail your tax-deductible check payable to:

National Lawyers Guild. In the memo box be sure to write: "For Mumia Abu-Jamal's Defense."

Mail you check directly to:

Johanna Fernandez 158-18 Riverside Drive W. Apt. 6C-50 New York, New York 10032

Please forward this email far and wide and let's make the raising of $25,000 a reality. In solidarity,

Jeff Mackler, Director, The Mobilization to Free Mumia Abu-Jamal 510-268-9429

Here's Johanna Fernandez's letter and all the details you need to know.

Dear Friends of Mumia,

I'm writing on behalf of the Committee to Save Mumia Abu-Jamal to ask if you might help us in an emergency. The Committee is the official fundraising venue for Mumia's legal defense today. It has been raising funds, quietly, since Mumia was facing execution in the 90s. TheCommittee was initiated and led by Frances Goldin, Mumia's literary agent. She is 93 years old today and continues to be actively involved in this work. Our letters are reviewed and signed by Angela Davis. Our efforts focus exclusively on Mumia's legal defense, and on the few occasions when we've deemed that raising funds for other projects was critical to Mumia's safety, our letters have explicitly outlined our thinking.

Since Mumia fell ill we have been behind on payments to Mumia's lead health attorney and we need to raise funds--quickly. Would you consider making a donation and identifying one or two others who might do the same?

A word on Mumia's condition. Although the symptoms of his Hep C condition wax and wane, he is much improved since his near death crisis two years ago. That moment was harrowing, and having been in the center of it, I can truly tell you that the movement saved his life. Heidi Beghosian, former Executive Director, National Lawyers Guild, and I had been concerned about Mumia's declining health two years ago, and we happened to visit Mumia the morning that he collapsed in the infirmary. At that moment we called his family, identified the hospital to which he had been taken, then drove there to make our presence known. We alerted the movement, and dozens joined us at the hospital that evening. The next day we held a press conference at the hospital to which surprisingly the Philadelphia mainstream media showed up. The conditions under which Mumia was hospitalized were horrendous and we visited the hospital daily.

After these dramatic days, when we realized that Mumia was in danger of dying, we went into emergency mode for several months. This included identifying outside doctors to visit him, taking out an add in the New York Times, mobilizing the movement, and testifying in court about what we saw. We even took Mumia's hair sample covertly to be tested at an outside laboratory. It was our doctor, not the hospital physicians, who in the end diagnosed Mumia with Hep C and made the connection that his terrible skin condition was a symptom of that disease. In this moment of crisis, Pam Africa's experience was indispensable.

The legal situation and our request for funds: As you know, his attorneys, primarily Bob Boyle, scored an unprecedented legal victory in Mumia's Hep C health suit. On January 7, a federal judge, Robert Mariani, in an unprecedented decision, ordered that Mumia be treated with the 95 percent effective cure rate antiviral medicines within 21 days. He condemned the barbarity of the DOC's (Department of Corrections) Hep C protocol his opinion establishes the groundwork for the treatment of the 7,000 others with Hep C in the Pennsylvania prisons. The PA DOC is fighting this all the way to hell. On the 10th day after the ruling, right before the Martin Luther King holiday, the DOC attorneys filed a stay and a notice of appeal in the Third Circuit District Court of Appeals.

Our legal filings are voluminous. Bob Boyle has been working for two years at reduced legal fees, and we are behind on payments. He has literally had to borrow money to stay afloat. We've also put in some personal funds, and are sending out another appeal to our members, but we need an infusion of $25,000 in the next week.

Thanking you in advance for your consideration.
All the best,

Johanna Fernandez, Ph.D.
Committee to Save Mumia Abu Jamal
Department of History
Baruch College, City University of New York

Legal particulars

Federal Judge Robert Mariani presided over Mumia's health suit. Judge Mariani granted Mumia his claim of deliberate indifference (meaning that Mumia won the preliminary injunction for immediate treatment). The judge ordered that a PA Dept of Corrections (DOC) doctor must see Mumia within 14 days of his January 7th ruling and instructed that treatment begin 7 days after that. (In other words within 21 days of the ruling)

But on the 10th day after the ruling, right before the Martin Luther King holiday, the DOC lawyers filed a challenge to the judge's ruling. They filed "a stay" which essentially asked the judge to halt all legal actions and proceedings. The DOC attorneys also filed a separate notice of appeal that made known their intention to appeal the decision in the Third Circuit Court of Appeals, which is the court immediately below the Supreme Court.

Here are the different scenarios that can emerge.

If Judge Mariani denies the stay and upholds his original decision, the DOC can seek a stay from the Third Circuit Court of Appeals. This would happen in advance and separately from the DOC's full appeal in that court. If the Third Circuit grants the stay, the appeal process could take 2-3 months, even if "expedited." If the Third Circuit denies the DOC's request for a stay, Mumia basically wins because it would mean that the injunction must be carried out, meaning that MAJ gets the drugs.

If Judge Mariani grants the DOC's request for a stay, Mumia's attorneys can ask the Third Circuit to vacate (overturn) the stay; However, it would be unlikely that the Third Circuit would do so since they would take Judge Mariani granting the stay as an indicator that he feels his ruling would not withstand an appeal.. We then would have to litigate the appeal in the Third Circuit Court, again a 2-3 month process.

Profile of the attorneys litigating Mumia's Health Suit

Bret Grote is a young attorney and the founder of the Abolitionist Law Center in Pittsburgh. He was the only lawyer willing to file a preliminary injunction to get Mumia immediate treatment after he fell ill. All the attorneys with whom we consulted argued that the case was impossible to litigate and win. Shortly after Bret Grote filed the motion, the movement recruited Bob Boyle to join Bret Grote.

Bob Boyle is one of the most noted and accomplished attorneys representing political prisoners today. He is comparable to Len Weinglass in his political analysis of these cases.

Bob Boyle
1) Litigated the Lynne Stewart case, which led to her compassionate release
2) Litigated the case of Black Panther Dhoruba Bin Wahad and secured his freedom
4) Secured the release of Black Panther Marshall Eddie Conway who spent close to 43 years in Prison
5) His appellate work overturned the 75 year sentence of Mohammed Al-Moayad who was convicted of providing material support to Hamas.




3/17/16

Dear Friends of Mumia Abu-Jamal,

Once again Mumia's life is in danger as his health has taken a turn for the worst and prison officials continue to deny him the basic treatment for hepatitis C.

Please contact the numbers below (call or email) to press the authorities to render the best available treatment and to release his complete medical records to his own doctors.

Meanwhile, Mumia's legal fight for Hep C medication remains in the courts. We will keep you posted.

In solidarity,

Jeff Mackler
Director, Mobilization to Free Mumia Abu-Jamal
510-268-9429

Dear Friends of Mumia,

We are concerned about Mumia's deteriorating health, as has been witnessed in recent weeks by his visiting doctor, clergy, counselors, teachers, family and friends.

Evidence of intensifying hepatitis C symptoms and possible development of the diabetes that nearly killed him a year ago calls for immediate and appropriate treatment. Help Mumia's lawyers prepare to demand access to Mumia's medical records from court!

Call, fax and email with the following demands:

Immediate provision to Mumia of anti-viral treatment to cure his Hepatitis C condition that is, as his doctor testified in court, the persistent cause of worsening skin disease, almost certain liver damage, now extreme weight-gain and hunger, and other diabetic-like conditions.

Immediate release of all recent blood test results to Mumia's attorneys.

Vigilant monitoring of Mumia for signs of diabetes, especially of his blood sugar level, since a diabetes attack nearly killed Mumia last Spring of 2015.

Tom Wolf, PA Governor
Phone 717-787-2500
Fax 717-772-8284
Email governor @ pa.gov

John Wetzel, PA Department of Corrections Secretary
Phone: 717-728-2573, 717 787 2500
Email: ra-contactdoc @ pa.gov

Theresa DelBalso, SCI Mahanoy Prison Superintendent
Phone: 570-773-2158

Dr. Paul Noel, Director of Medical Care at the PA Dept of Corrections
Phone: 717-728-5309 x 5312
Email: ra-contactdoc @ pa.gov

Dr. Carl Keldie, Chief Medical Officer of Correct Care Solutions
Phone: 800-592-2974 x 5783

Sign the Petition now to demand Mumia's right to life-saving hepatitis C care.
http://iam.colorofchange.org/petitions/life-saving-treatment-now-for-mumia-abu-jamal

Help Mumia's lawyers prepare to demand access to Mumia's medical records from court!

Thank you for keeping Mumia in your heart and mind,
Noelle Hanrahan
Director, Prison Radio



Pack the Philadelphia courtroom on Friday, December 19, 2015!

On Friday, December 18 a Pennsylvania District Court judge will hold an evidentiary hearing, with Mumia Abu-Jamal present via Skype, to determine whether to grant Mumia the presently available medical treatment/cure for his Hepatitis C condition. Mumia's attorney's are also seeking this treatment for an estimated 10,000 Pennsylvania prisoners with the same disease.

Mumia contracted Hep C in 1981 via blood transfusions administered by Philadelphia doctors following his racist shooting on December 9 by Philadelphia police officers.

The federal court judge overruled Pennsylvania state officials who opposed both Mumia's presence in court via Skype and his demand for an evidentiary hearing. The later is expected to last for at least an entire day, if not longer.

This video is a call to action to pack the Philadelphia courtroom on Friday, December 19!

Free Mumia! Join the December 18 mobilization!

Spread the word!




8/2/15 Mumia Abu-Jamal files suit over prison's refusal to provide medical care

From the Abolitionist Law Center:

Untreated diabetes nearly killed Abu-Jamal in March, and the DOC is refusing to treat his active Hepatitis C.

August 3, 2015: Attorneys for political prisoner Mumia Abu-Jamal filed an amended lawsuit yesterday in the Middle District of Pennsylvania federal court to challenge prison medical staff's denial of necessary medical treatment - denial that nearly killed Abu-Jamal earlier this year.

See Plaintiff's Motion to Amend Complaint and the Amended Complaint.

On March 30, 2015, Abu-Jamal was rushed to the hospital after losing consciousness and going into diabetic shock. Although prison medical staff were aware that Abu-Jamal had a dangerously high blood glucose level of 419 on March 6, they failed to treat, monitor, or even inform Abu-Jamal of his condition. Glucose levels like those that Abu-Jamal had can result in diabetic shock, diabetic coma, and death.

Abu-Jamal's diabetic shock came in the midst of an escalating year-long health crisis that began with a rash in August 2014. The skin condition grew in intensity over the course of the next several months, eventually covering most of his body with a painful, severe rash that is resistant to conventional treatments. The skin condition is abnormal in its duration and intensity, and has led to lesions, open wounds, and swelling.

The lawsuit filed yesterday seeks injunctive relief for prison medical staff's failure to treat Abu-Jamal's active Hepatitis C. Recent blood tests provided at the insistence of Abu-Jamal, his lawyers, and consulting doctors have confirmed that Abu-Jamal has active Hepatitis C, which has likely been the underlying cause of his health crisis. Despite the undeniable medical evidence that he is in need of treatment for his Hepatitis C, prison medical staff is refusing to provide any.

Advances in Hepatitis C treatment in recent years have revolutionized the way the disease is treated, with new direct-acting anti-viral medications that have had over 95% success rates in curing the illness in clinical trials. The medications, however, are extraordinarily expensive in the United States due to monopoly pricing practices by the pharmaceutical companies that have patented them.

The Pennsylvania Department of Corrections has yet to promulgate a new protocol for treating Hepatitis C with the new medications, meaning that the estimated 10,000-plus people in DOC custody who have Hepatitis C are not receiving any treatment.

This issue is the subject of a class action lawsuit filed in the Eastern District of Pennsylvania federal court in June 2015.

Abu-Jamal is represented by Bret Grote of the Abolitionist Law Center and Robert J. Boyle of New York City.



Urgent! Please forward widely...

Mumia's Life in Danger!

All Out Saturday, April 11, 12 Noon
Oakland Federal Bldg. 1301 Clay Street, Oakland, CA (near downtown Oakland Bart)

No Execution by Medical Default!

Free Mumia Now!



Dear Friends of Mumia Abu-Jamal,

Thanks for your efforts to flood the Mahoney Prison Superintendent John Kerestes with calls (570-773-2158 Ext. 8102). You should continue to do so!

But now is the time to mobilize across the country to unleash the power that has prevented Pennsylvania officials from executing Mumia in the past.

The refusal of prison officials to allow expert medical doctors in the field of diabetes amounts to criminal neglect. Just last week this neglect came close, within minutes, to ending Mumia's life.

Join us this Saturday in Oakland, 12 Noon at the Federal Bldg., 1301 Clay Street.

In solidarity,

Jeff Mackler and Laura Herrera, Co-coordinators, Mobilization to Free Mumia Abu-Jamal

Mumia's Faces Grave Medical Situation Urgent Action Needed Now!

----------------------------------

Dear Friends of Mumia Abu-Jamal,

Below is the latest information on Mumia's dangerous health situation. The information comes from Johanna Fernandez of the Campaign to Bring Mumia Home, from the International Family and Friends of Mumia Abu-Jamal and the MOVE Organization.

Please make every effort to call prison officials at SCI Mahoney to demand that Mumia's family and legal team be allowed to bring in doctors expert in the areas where Mumia needs top notch and qualified medical care.

Phone immediately to:

SCI Mahoney 301 Morea Rd. Frackville, PA 17932 Superintendent John Kerestes 570-773-2158 Ext. 8102

In solidarity and act now!

Jeff Mackler, Director, Mobilization to Free Mumia Abu-Jamal

FROM JOHANNA FERNANDEZ (Campaign to Bring Mumia Home and Educators for Mumia Abu-Jamal)

All: A lot is happening. Here is a quick synopsis of yesterday's meeting.

We visited Mumia yesterday (Fri April 3) at the prison. After being denied access early that morning, we were called back and told that a group of 5 could visit. Those in attendance during the visit were: Mike Africa, Keith Cook, Johanna Fernandez, Abdul Jon and Rachel Wolkenstein.

The pressure mounted by the movement was tremendous; I, personally, overheard an operator at the prison say in, the background, that the phones were ringing off the hook. Mumia was brought out in a wheel chair to the visiting room, but given his condition, the visit should have taken place in the infirmary. His spirit is strong, but his body is in need of urgent medical attention. He needs to see a diabetes specialist (Endocrinologist) and a dermatologist, chosen by his family and closest supporters. He has not yet been seen by the diabetes specialist and his blood sugar is still fluctuating dangerously. Yesterday, Mumia's blood sugar was at 336. And in spite of this dangerously high count he was given spaghetti for lunch. He hast lost at least 80lbs, he was very weak and had difficulty breathing at the end of our one hour visit. His skin is hard and black everywhere in his body, except his face. He had slurred speech during parts of our visit, was trembling by the end of it, and even though he tried to appear strong for us, he was weak and vulnerable. This was very difficult for us to see, because Mumia has always had a strong constitution, both physically and mentally. When we asked how he was feeling physically, he said that he was very ill on Wed and Thurs and couldn't stay awake or get up on those days. Yet he was transferred back to the prison prematurely at 7pm on Wed. One of the last things he told us was that he believes in the power of the people. He was happy to hear about the out pouring of support. But in the end, Mumia is selfless man. This is why he has become known the Voice of the Voiceless. Unfortunately, his greatest asset -- that he is a fighter for those who suffer under the thumb of those in power, the world over -- is his greatest liability when it comes to his own personal well being. He is NOT his best advocate. It is up to us to play that role on his behalf. He is also too close to the situation and too ill, to fully comprehend the magnitude of the torture-by-medical-neglect inflicted on him by the state.

He needs independent, specialized medical attention, urgently. And this is our major demand.

We need to step up the pressure and oppose the attempt at state execution of Mumia by medical neglect.

Approximately 40 people drove in car caravans to the prison from Philadelphia, New York and DC. We had a press conference outside the prison after the visit. Then we drove to the Department of Corrections and forced a meeting with Susan E. Mcnaughton, the press secretary of the DOC. We promised to return on Monday for a meeting with Secretary of the DOC, John Wetzel. Our presence was heard both at SCI Mahanoy and at the DOC.

We need volunteers to drive back up to the DOC on Monday.

I leave you with the conviction that if we fight together, we will win this battle and bring Mumia home.

With love, Johanna

----------------------------------

FROM THE MOVE ORGANIZATION AND INTERNATIONAL CONCERNED FRIENDS AND FAMILY OF MUMIA ABU-JAMAL

This government has been trying to murder Mumia for 34 years. The power of this movement stopped his execution in 1995 and 1999, and got him off of death row. Now they're deliberately trying to murder him through medical neglect and intentional torture. This situation is urgent and couldn't be more serious. Mumia is currently in a wheelchair, two days ago he couldn't stand up, his speech is slurred, and he can barely hold a bottle of water. This isn't just medical neglect, this is a continuation of the premeditated murder that was set in place when Mumia was shot in the chest, was rammed headfirst into a steel pole, and was then railroaded through the courts and onto death row. Just two months ago Phil Africa died under similar suspicious circumstances. We have absolutely no time to waste.

People must treat this as if Mumia's death warrant has been signed and the execution date is tomorrow, because that's their intention. They have absolutely no intention of freeing Mumia, and they have no interest in letting him live a long life in prison continuing to be an example of resistance for the world. They want Mumia dead, and if they can do it by medical neglect they will. The only reason Mumia wasn't executed in 1995, the only reason he was moved off of death row is because the pressure for justice for Mumia was too strong. The only way Mumia is going to live through this attack on his life is if all people step up and immediately demand healthier diet for Mumia and the ability to have outside medical care. We arent asking for anything here that hasn't been done in Pennsylvania prisons before. There are diets in place for people dealing with health problems and they aren't even giving him that. Since he was prematurely taken from the hospital and put back in the prison where these problems started his blood sugar levels have been rising because they are only giving him foods like pasta that are dangerous with diabetes.

Their intention with all of these side attacks is to distract people from the main point, which is that Mumia is innocent and shouldn't have served one day in prison in the first place. The sacrifice that Mumia and the MOVE 9 are making, and that Phil and Merle Africa have already given their lives for, is for the benefit of everyone. People must stand up and reciprocate that commitment, today. If you don't act today his death warrant could be carried out tomorrow.




NEW FILM!

MUMIA: A Long Distance Revolutionary

A Street Legal Cinema Production Written, Directed, and Edited by Stephen Vittoria Produced by Stephen Vittoria, Noelle Hanrahan, and Katyana Farzanrad of Street Legal Cinema in association with Prison Radio.

FEATURING Cornel West, Alice Walker, Angela Davis, Rubin "Hurricane" Carter, Dick Gregory, Amy Goodman, Peter Coyote, Ruby Dee, Giancarlo Esposito, and many others

Unlike any other film about Mumia Abu-Jamal, this definitive documentary focuses on his dramatic life as a writer, journalist, and revolutionary from Pennsylvania's Death Row.

VISIT mumia-themovie.com

New York, NY - Opens February 1, 2013
Hudson, NY - February 14-17 & 21-23, 2013
Princeton, NJ - February 16, 2013 (12:30 PM)
Miami, FL - February 21-24, 2013
Seattle, WA - February 22-28, 2013
New Orleans, LA - February 22-28, 2013
Chula Vista, CA - February 25, 2013
Calgary, AB - February 27, 2013
Huntington, NY - February 28, 2013
Los Angeles, CA - Opens March 1, 2013
Claremont, CA - Opens March 1, 2013
Pasadena, CA - Opens March 1, 2013
Plainfield, VT - March 3, 2013
Oakland, CA - Opens March 8, 2013
Dormont, PA - March 21-24, 2013
Montpelier, VT - March 22-31, 2013
Toledo, OH - April 2, 2013
Norfolk, VA - April 3, 2013
Philadelphia, PA - May 3, 2013



10/5/12

Judge Dembe Denies Mumia's Post-Sentence Motion



FOR IMMEDIATE RELEASE Contact: Rachel Wolkenstein

October 5, 2012 (917) 689-4009

Judge Dembe Denies Mumia's Post-Sentence Motion

NO LIFE SENTENCE!! FREE MUMIA NOW!!

Judge Pamela Dembe President of the Philadelphia Court of Common Pleas affirmed her secret sentencing of Mumia Abu-Jamal to life imprisonment and dismissed Mumia's post-sentence motion, on October 1 according to the court docket records. Dembe's order followed the DA's motion to dismiss, which outrageously asserted that a life sentence was "the precise relief" Mumia sought overt the past thirty years!

The DA's motion centered on a false rendition of the prosecution's "evidence" against Mumia--it went way beyond the even the perjured and coerced testimony that was presented at the trial. Needless to say, it ignored the federal court rulings that Mumia was unconstitutionally and illegally sentenced to death.

It was Judge Dembe who deemed it irrelevant that Judge Albert Sabo, the trial judge and PCRA judge from 1995-1998, admitted his bias and racism with his declaration, overheard by a court stenographer, "Yes, I'm going to help them fry the n-----." It was Sabo's instruction to the jury that the courts found to be illegal. Dembe in 2001 refused to hold an evidentiary hearing on Sabo's bias as well as new evidence of Mumia's innocence, including the confession of Arnold Beverly who swore he was the man who killed police officer Daniel Faulkner.

On August 13, 2012, Judge Dembe imposed a life sentence without parole on Mumia, without even notifying him. This was in flagrant violation of constitutional and PA statutory law, intended to foreclose Mumia's right to challenge his sentence to "slow death row," life sentence without parole. Had Mumia known of the impending sentencing, he would have argued for immediate release from prison pursuant to a motion for extraordinary relief based on thirty years of solitary confinement on death row pursuant on an illegal sentence. The decade he spent in solitary confinement, while the DA tried to get the death sentence reinstated by the Federal Court of Appeals and U.S. Supreme Court, was retaliation against Mumia for not being silenced.

Mumia's post-sentence motion challenged Judge Dembe's secret proceeding. It also was a constitutional challenge to life imprisonment without parole as a violation of the Eighth Amendment prohibition against cruel and unusual punishment, the Pennsylvania Constitution's prohibition against cruel punishments, evolving standards of decency and international law. It further challenged solitary confinement and the fact that death row prisoners are illegally kept in solitary.

Mumia's challenge to a life-imprisonment sentence unified the fight of all those men and women who are fighting state torture, the death sentence, the "slow death row" of life imprisonment and the debilitating and degrading conditions of incarceration. Having been defeated and denied a "legal lynching," the state wants Mumia to rot away in prison. Our fight continues to be freedom for Mumia, as part of the fight for liberation of all mankind.




2/2012 Five new photos from International Friends and Family of Mumia Abu-Jamal and Free Mumia Abu-Jamal Coalition, NYC!





2/2/12

Mumia's second contact visit in 30 years!


Educators for Mumia Abu-Jamal article: emajonline.com
Photo




1/27/12

Victory! Mumia Abu-Jamal Transferred Out of Solitary Confinement Mumia Abu-Jamal Transferred Out of Solitary Confinement


The Pennsylvania Dept. of Corrections tells Democracy Now! it has transferred Mumia Abu-Jamal out of solitary confinement and into general population. The move comes seven weeks after Philadelphia prosecutor Seth Williams announced he would not pursue the death penalty against the imprisoned journalist. Abu-Jamal's legal team confirmed the move in an email from attorney, Judy Ritter. "This is a very important moment for him, his family and all of his supporters," Ritter wrote.

Supporters of Abu-Jamal note prison officials just received more than 5,000 petitions calling for his transfer and release. Superintendent John Kerestes has previously said Abu-Jamal would have to cut short his dreadlocks, and meet several other conditions, before a transfer would be allowed.

While on death row at SCI Green, Abu-Jamal made regular phone calls to Prison Radio in order to record his columns and essays, but prison officials revoked his phone privileges after he was moved to SCI Mahanoy, the Frackville, PA prison in which he's currently being held. Prison Radio has since announced it will continue to record and distribute Abu-Jamal's essays as ready by his well-known supporters.

democracynow.org





1/17/12

Act now to get Mumia out of solitary confinement!






Mumia Sends his "congratulations" to the People for Attending 12/9 Event

From International Concerned Family and Friends of Mumia Abu-Jamal:

From: icffmaj @ aol.com
Date: December 28, 2011 5:33:47 AM PST
Subject: [icffmaj] Mumia Sends his "congratulations" to the People for Attending 12/9 Event

As of 12/19/11, from Administrative Custody in Frackville, PA Mumia sends his congratulations to "the people for comin' out in the cold, chilly, crazy-ass Philly air" to Dec. 9th's event.

To view footage from this event including video and pictures of Cornel West, Amiri Baraka, Marc Lamont Hill, Ramona Africa, Immortal Technique and many more, please visit:

http://www.freemumia.com/?p=627




12/15/11

Dear Friends of Mumia Abu-Jamal,

Wonderful news! For the first time in 30 years Mumia Abu-Jamal is no longer in a tiny virtually solitary confinement cell awaiting execution on SCI Greene's death row. We expect that for the first time in 30 years he will soon be able to physically touch family members and friends. He has been transferred to Pennsylvania's Mahanoy prison where he is temporarily in "administration segregation" (see below). He is expected to be placed in the general prison population soon. Mumia reports that for the first time in 30 years as much as this is possible under prison circumstances he is being treated with respect and in a friendly manner.

Nevertheless, we remain extremely concerned for Mumia's life. We have not forgotten that the Fraternal Order of Police has been on a 30-year campaign to seek his execution. History demonstrates all too frequently that well-known police frame-up victims have "mysteriously," and sometimes not so mysteriously, been killed in prison. Now is the time to let prison authorities know that the world is still watching and now is the time to write Mumia to express your support (address below).

Our December 11 Laney College event in Oakland, California was a great success, with some 200 activists attending celebrating the fact that the threat of execution is no longer over Mumia's head while pledging to intensify the fight for a new trial where new evidence can be presented and his freedom won. Our Mobilization to Free Mumia Abu-Jamal event was co-sponsored by the African American Studies Departments at Laney and Merritt Colleges and by the Laney Black Student Union. The latter graciously served dinner for everyone at the event's conclusion.

Angela Davis, Ramona Africa, Barbara Becnel, Boots Riley, Jeff Mackler, Crystal Bybee, Vanessa Aldrich and Daniel Alley presented well-crafted and stirring remarks. We covered all the bases with solidarity statements to and from political prisoners around the world, support for Bradley Manning, Kevin Cooper, the Occupy Wall Street movement and presentations on the lessons learned in the tragically unsuccessful fights to stop the executions of Troy Davis and Stanley "Tookie" Williams. We understood that these struggles were nevertheless crucial to the fight to end the death penalty and to challenge the very legitimacy of the racist criminal "injustice" system.

We were also inspired by the video presentations of Nobel Laureate Bishop Desmond Tutu, who called for Mumia's immediate release, and from Michelle Alexander, author of the new book "The New Jim Crow: Mass Incarceration in the Age of Colorblindness." One of Mumia's attorneys, of the NAACP Legal Defense Fund, Christine Swarms, updated the case via video. This was an afternoon that few will forget and one that will mark a new beginning in the freedom struggle. In Philadelphia, a companion rally with Cornel West and many others attracted almost 1,000 people at the National Constitution Center.

More than ever the growing movement for Mumia's freedom requires your active support, not to mention financial assistance. Mumia is alive today because the mass movement we have collectively built for so many decades made the political price of his murder to high to pay. We now enter a new phase of the struggle, one that will not end until Mumia is free and with us again to build every social struggle for human freedom and dignity.

To help the Mobilization to Free Mumia Abu-Jamal continue its work and help support the legal struggle, we urge you to join us in building a powerful movement to FREE MUMIA!

You can begin by mailing your check today payable to:

Mobilization to Free Mumia Abu-Jamal
P.O. Box 10328
Oakland, CA 94610

Call: 510-268-9429 for further information.

In solidarity,

Jeff Mackler and Laura Herrera, Co-coordinators,
Mobilization to Free Mumia Abu-Jamal

Write to Mumia at:

Mumia Abu Jamal
AM-8335
SCI-Mahanoy
301 Morea Rd.
Frackville, PA. 17932

Express your concern for Mumia's safety. Call:

Superintendent John Kerestes
Deputy Superintendent Bernadette Mason
570 773-2158

This is no time to relax, we must be ever-vigilant!





12/7/11 - Pennsylvania DA Will NOT Seek Mumia Execution!




10/11/11 - U.S. Supreme Court Affirms that Mumia Abu-Jamal's Death Sentence is Unconstitutional



4/26/11 - Mumia Abu-Jamal wins critical court decision



9/22/10 - Legal Update from Attorney Robert R. Bryan - major case development



9/21/10 - New Mumia Film To Show at National Constitution Center! Please help spread the word.

Trailer:
bignoisefilms.org/films/tactical-media/114-justice-on-trial



6/13/10 - Legal Update by Robert Bryan



1/26/10 - Supreme Court opens door to Mumia's execution by Jeff Mackler



1/21/10 - Pam Africa on Supreme Court ruling against Mumia, SF Bay View interview - intro message by Jeff Mackler



Mumia faces new execution threat!

On Friday, 1/15/10, the US Supreme Court will hear Pennsylvania's effort to execute Mumia. Details:
Critical message from Hans Bennett, co-editor of Free Mumia News and leading advocate for Mumia's freedom.




11/11/09 - Mumia Abu-Jamal faces new execution threat but his freedom is still within reach
Jeff Mackler Article



Click here for Pam Africa and NAACP news; Letters from Cynthia McKinney and Charels Rangel to Holder; sign petition to Attorney General Eric Holder.



6/6/09 Legal update from Robert R. Bryan



4/6/09 - Legal Update - Supreme Court Denies Mumia Abu-Jamal's Appeal, by Jeff Mackler


2/8/09 Legal update from Robert R. Bryan


2/5/09 Update by Jeff Mackler, Pennsylvania again seeks Mumia's execution


12-15-08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal - U.S. Supreme Court developments regarding Mumia Abu-Jamal



10-18-08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal


9-12-08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal


7-22-08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal - Denial of New Trial



7-8-08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal


6/10/08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal


5/30/08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal


4/11/08 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal regarding 3/37/08 court decision



3/28/08 Protest Report from The Mobilization to Free Mumia Abu-Jamal, SF Bay Area

Since the outrageous federal court decision against Mumia on 3/27 (see below), there have been protests in SF, San Jose, NYC, Philadelphia, LA, Portland, and Erlangen and Nrnberg, Germany.



3/27/08 - Emergency Protests! The US Court of Appeals for the Third Circuit rejects all appeals for Mumia Abu-Jamal. See below for the text of the decision



3/27/08 - From Robert R. Bryan, lead counsel for Mumia Abu-Jamal: pdf file of the decision from the U.S. Court of Appeals - please wait a moment while the document loads (118 pages)



3/10/08 - Update from Robert R. Bryan, lead counsel for Mumia Abu-Jamal



2/19/08 PA Supreme Court decision - see Events page



1/24/08 - New film on Mumia Abu-Jamal's case is Featured Film today on MySpace.com, and is playing at Sundance Film Festival



12/25/07 - New Evidence! THE POLAKOFF PHOTOS --
New Photos of the Crime Scene of the Shooting Death of Police Officer Daniel Faulkner -- 21 FAQs - Frequently Asked Questions -- by Educators for Mumia Abu-Jamal and Journalists for Mumia Abu-Jamal, in consultation with Dr. Michael Schiffmann



12/17/07 - Update from Robert R. Bryan, lead counsel for Mumia Abu-Jamal - NBC's "Today Show"; pending decision

Video of broadcast


11/14/07 - Legal update from Robert R. Bryan, lead counsel for Mumia Abu-Jamal



11/14/07 - Solidarity with ILWU Local 10 Against all Government Intervention


9/10/07 - Letter from Robert R. Bryan, lead counsel for Mumia Abu-Jamal


7/4/07 - Legal Update from Robert Bryan: federal and state proceedings



5/17/07 - Mumia Abu-Jamal on the Road to Freedom?


Full-page ad in The Nation & Mumia update/two court victories; funds needed for ad!


3/22/07 Legal update from Attorney Robert Bryan: Oral arguments set for 5/17/07, Third Circuit Court of Appeals, Philadelphia, PA


12/7/06 PRESS RELEASE: U.S. House Condemns Mumia Abu-Jamal


12/4/06 Legal update from Attorney Robert Bryan


11/30/06 Legal update from Attorney Robert Bryan


11/24/06 New book published in Germany by Michael Schiffmann reveals new evidence in Mumia's case - review by Hans Bennett


11/16/06 Read short legal update from Attorney Robert Bryan regarding Paris letters below

Download Letters from Mumia and Robert Bryan to Paris Mayor and City Council


9/3/06 Legal update from Attorney Robert Bryan


German Parliament members demand Mumia's immediate release

Download pdf file:
Letter from members of German Parliament to PA Governor Rendell demanding Mumia's immediate release!


7/23/06 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal

Download pdf file of the brief:
7/20/06 Brief of Appellee and Cross Appellant, Mumia Abu-Jamal, in the U.S. Court of Appeals for the Third Circuit, Philadelphia

Read Robert Bryan's message regarding the brief



7/19/06 - Leading UK lawyers petition US Court re racism in case of deathrow journalist Mumia Abu-Jamal



6/27/06 Legal Update from Robert R. Bryan, Lead counsel for Mumia Abu-Jamal

Dear Friends: Attached is the latest Legal Update regarding current developments in the case of Mumia Abu-Jamal. Please feel free to distribute and use this as you see fit. As you know, Mumia remains on Pennsylvania's death row and is in great danger. He is a powerful symbol, the "voice of the voiceless," in the international campaign against the death penalty & for human rights. Our goal is to see that the many wrongs that have occurred in this case are righted and that this courageous man is freed. It is important that the attached Legal Update be published via your lists & web sites, so that people will be abreast of what is happening with Mumia's case. Your concern is appreciated.

With best wishes,

Robert R. Bryan
Lead counsel for Mumia Abu-Jamal



6/23/06 Download: "Saint Denis France Names Street in Honor of Mumia Abu-Jamal! - Read on to understand the ensuing attack from U.S. officials and the important work of resisting at this critical final hour of Mumia's case"

Produced by ICFFMAJ - important organizing tool - email or print and distribute widely!


Mumia Abu-Jamal
One legal decision away from execution!
One legal decision from new trial and freedom!


6/5/06 Update by Jeff Mackler, co-coordinator of The Mobilization to Free Mumia Abu-Jamal



From International Concerned Family and Friends of Mumia Abu-Jamal:


6/5/06 FOP Update! Free Mumia!
Congressman Fitzpatrick and Congresswoman Schwartz co-sponsored House Resolution 407, calling on the US Congress to denounce the honoring of Mumia by the city of Saint Denis in naming a street after him.



5/23/06 - AN INTERVIEW WITH MUMIA ABU-JAMAL: HISPANICS, LATIN AMERICA AND THE STRUGGLE AGAINST THE EMPIRE

By Rafael Rodriguez Cruz



Report on 5/11 Forum, SF:


Pam Africa, Robert R. Bryan, Michael Schiffmann hosted by The Mobilization to Free Mumia



April 29, 2006 - U.S. Delegation Goes to France for Mumia Street Naming!

From International Concerned Family and Friends of Mumia Abu-Jamal:

APRIL 29, 2006
WHERE: Saint-Denis, France
WHAT: A large U.S. delegation will be joining a ceremony in France for the naming of a newly constructed street next to the Nelson Mandela Stadium in honor of Mumia. All are welcome to make the trip!
CONTACT: For information contact the International Concerned Family and Friends of Mumia Abu-Jamal, (215) 476-8812, www.mumia.org




1/24/06 Legal Update from Attorney Robert Bryan








FREE MUMIA and ALL POLITICAL PRISONERS!

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