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Major Court Victory for Mumia!
by Jeff Mackler / December 2005 issue of Socialist Action
newspaper
In
a decision that will likely stun the Pennsylvania legal establishment that has
been trying to railroad death-row political prisoner and journalist Mumia
Abu-Jamal to the execution chambers for 24 years, the U.S. Court of Appeals
of the Third Circuit, reversed two critical Federal District Court rulings.
The
Third Circuit's Dec. 6 rulings granted "certificates of
appealability" to Jamal to challenge
alleged
race and judicial bias in the 1995 Post Conviction Relief Action
proceedings overseen by Mumia's original 1982 trial court
"hanging" judge, Albert Sabo. Sabo went to extreme lengths to
keep evidence of innocence out of the court record.
The
court also allowed Mumia to challenge the trial summation remarks of the
state's lead prosecutor, Joseph McGill, who told the jury, " If you
find the defendant guilty, of course, there would be appeal after appeal,
and perhaps there could be a reversal of the case, or whatever, so that may
not be final."
Mumia's
lead attorney, Robert R. Bryan, told Socialist Action that McGill's
summation had the effect of qualitatively lowering the historic burden of
proof regarding reasonable doubt and presumption of innocence. Similar
remarks by Pennsylvania prosecutors have resulted in new trials in other
cases.
The
Third Circuit's decision was all the more remarkable in that under the
provisions of the
reactionary
1996 Anti-terrorism and Effective Death Penalty Act, the court had no
obligation to even consider defense challenges to the Federal District
Court's denial of certificates of appealability.
The
court called for an initial Jan. 17 defense brief on these two issues as
well as on the single issue that had previously been certified for
appeal—that is, the defense insistence that the exclusion of 11 of 14 Black
jurors constituted an unconstitutional violation of the Supreme Court
ruling in the case of Batson v. Kentucky.
The
Third Circuit's decision was not all in favor of Mumia. It denied
certificates of appealability on a number of other important points raised
by the defense, including the right to self-representation, and it allowed
the state of Pennsylvania to challenge a Federal District Court decision
that had ordered the state to hold a new sentencing hearing based on
constitutionally flawed jury instructions issued by Judge Sabo.
"The
Third Circuit decision opens the door to a new trial and freedom for my
client," Bryan told Socialist Action. "The case is now on the
fast track," he added. The next several months will see defense and
prosecution attorneys meeting stringent deadlines for a series of briefs
and counter briefs. The 10-person court will then issue a decision or set a
date for a hearing and oral arguments.
There
are several possible outcomes. The worst—but least expected—scenario would
be one in which Sabo's unconstitutional sentencing instructions are upheld,
and Mumia faces execution. On the other hand, the Third Circuit could
either order a new trial or remand
the
case to the Federal District Court to re-hear the issues on which it had
previously ruled without regard to Mumia's constitutional rights.
While
Mumia has won yet another victory on the road toward his freedom, the
powers that be are far from conceding any errors and remain intent on his
execution. Mumia's freedom will be a product of both his legal efforts and
a mass political movement exerting its will and making the price of his
execution and continued incarceration too high for the authorities and the
ruling class to pay.
In
Philadelphia, contact the International Concerned Family and Friends of
Mumia Abu-Jamal, (215) 476-8812. In
San Francisco, contact the Mobilization to Free Mumia Abu-Jamal, (415)
255-1085.
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