C-SPAN's Book TV broadcasts the conversation between Cornel West, Mumia Abu-Jamal and Patricia Fernandez-Kelly that had been recorded on March 3, 2010 at Labyrinth Books in Princeton, New Jersey.
The focus of the event was to discuss Mumia's latest book, "Jailhouse Lawyers: Prisoners Defending Prisoner v. The USA" published by City Lights ( http://www.citylights.com/book/?GCOI=87286100448090 ). The event covers a wide range of issues relating to prisons, freedom struggle, the Obama administration, and efforts to free Mumia through movement organizing.
Mumia began his 15-minute collect call with a reading from "Jailhouse Lawyers," then dialogued with Cornel West and Patricia Fernandez-Kelly. Audience Q & A with West and Fernandez-Kelly followed the call.
Johanna Fernandez, Mark Taylor, and Pam Africa also spoke at the event, addressing Mumia's legal case and the urgency to organize around the demand that Eric Holder and the U.S. Justice Department conduct an investigation into violation of Abu-Jamals civil rights by the U.S. court system, violations well documented by Amnesty International and posted online here...
a report to the movement,
by the Labor Action Committee To Free Mumia Abu-Jamal
Programming for and about the innocent death-row political prisoner, Mumia Abu-Jamal, was initially called for by the World War II, US internment camp survivor, Yuri Kochiyama. Kochiyama issued a letter asking for cards to be sent to Mumia, and for programming to happen on public radio on the 24th of April, Mumia's 56th birthday. This is the 28th year of Mumia's incarceration for a crime he didn't commit--half his life! The Pacifica National Board (PNB), the governing body of the network, responded by passing a resolution encouraging such programming on member stations of the Pacifica Network. Two stations responded:
1. KPFA, Berkeley, CA:
Two hours of programming happened on KPFA from 4 to 6 PM, on Mumia's birthday. The 2 hours were moderated by journalist JR Valrey, of POCC Block Report Radio, and a frequent contributor on KPFA's Flashpoints. The Apprenticeship Program contributed some supporting material to this segment. JR spent a valuable 40 minutes interviewing Linn Washington, a journalist at the Philadelphia Tribune who has covered Mumia's case from the very beginning, in December 1981. It was Washington who, visiting the site of the shooting of a cop early in the morning after, reported that the police had left the scene unguarded, leaving evidence unattended. This reporting provided the first indications that the police had already begun to frame someone up for the crime, and hence had no need for securing evidence.
On the show, Washington covered the "mitigating factors" issue in the penalty phase of Mumia's 1982 trial. Corrupt and unfair on many levels, Mumia's trial was a mockery of justice from beginning to end. Witnesses who saw men fleeing the scene (who could not have included Mumia, who was shot, almost killed, and found at the scene) were never called. Prosecution "witnesses" who never saw anything were forced to lie by corrupt police. The judge, Albert Sabo, an out-racist, was overheard to say, "yeah, and I'm gonna help 'em fry the n____r"!
On the show, Washington covered the "mitigating factors" issue in the penalty phase of Mumia's 1982 trial. Corrupt and unfair on many levels, Mumia's trial was a mockery of justice from beginning to end. Witnesses who saw men fleeing the scene (who could not have included Mumia, who was shot, almost killed, and found at the scene) were never called. Prosecution "witnesses" who never saw anything were forced to lie by corrupt police. The judge, Albert Sabo, an out-racist, was overheard to say, "yeah, and I'm gonna help 'em fry the n____r"!
Among numerous other violations--which included excluding Mumia from his own trial---this judge issued false instructions to the jury in the penalty phase of the trial. He suggested that the jury had to be unanimous in deciding on mitigating factors (such as the fact that Mumia had no prior convictions for anything). Such factors, if decided according to law, would have "mitigated" (ie, prevented) the jury from issuing a death sentence. These false instructions conflicted with a Supreme Court ruling in Mills v Maryland, in which the Court had said that such factors required a simple majority only.
"The Mumia Exception"
Washington mentioned that federal courts have overturned 32 cases--of which 22 originated in Philadelphia, where Mumia was framed--in which mitigating circumstances were mishandled by state courts.
But in Mumia's case, the rules were changed! After rejecting Mumia's appeal against his unjust conviction last year, the Supreme Court virtually threw out its own Mills v Maryland ruling in early in 2010, in order to defeat Mumia's case. The Court sent the case back to the Third Circuit, with instruction to reconsider their Mills v Maryland reason for setting Mumia's death sentence aside.
It was Linn Washington who coined the term "the Mumia exception," to point out how the courts have consistently changed their own rules and precedents in order to maintain the frame-up of Mumia Abu-Jamal.
"Power flows from the barrel of a gun"
Washington also discussed the 1990 Supreme Court ruling, in which the court denied Mumia's appeal against the prosecutor's use of his (years earlier) membership in the Black Panther Party (BPP), also in the penalty phase of the trial. This dealt with an obvious violation of Mumia's first amendment rights. Mumia had stated at trial that he had been treated unfairly. Such a statement by a defendant is not supposed to be subject to cross examination. But judge Sabo, true to his identification as a "prosecutor in robes," allowed the prosecution to cross examine. It was then that the prosecution entered an 8-year-old news piece against Mumia. This report, taken out of context, attributed a famous quote by Mao Tse-Tung to Mumia: "power flows from the barrel of a gun."
The Supreme Court rejected Mumia's appeal against this violation of his rights in 1990, but--in another example of the Mumia exception--reversed itself months later on two other cases! Washington pointed out how the Court reversed itself on two cases on the same question--one of a racist prison gang member, and one of a devil-worshipper, both murderers. In these cases, the "high" Court said that the prosecutor erred in using prior political association against a defendant, when in Mumia's case, they had not done so!
Chairman Fred Hampton Jr, Mumia's Daughter, & Suzanne Ross
JR also interviewed POCC Chairman Fred Hampton Jr, son of the murdered Black Panther leader Fred Hampton. Hampton talked about the outrageous conditions faced by all prisoners in the US, especially prisoners of color and those falsely accused.
JR then interviewed Mumia's daughter Goldie, who was very moving. She discussed how this bogus case affects a family. Mumia has grandchildren that he's never had the opportunity to touch!
Next up was Suzanne Ross, of the New York Coalition to Free Mumia, who explained and defended the petition which has been submitted to Obama's Attorney General, Eric Holder, on behalf of Mumia. The petition calls for a civil rights investigation of Mumia's case by the US Justice Department. Ross mentioned that the Justice Department has rejected this appeal (which was filed last year) in a recent letter. But she said that, "we plan to go back on April 26th," with a new document proving a conspiracy (which is what is required in order to get around the Justice Dep't's 5-yr statute of limitations on such investigations).
Ross said that the idea of this petition originated with then-Congressman Ron Dellums, who followed up on the 1995 Congressional Black Caucus statement by demanding such a civil rights investigation from the Justice Dep't. Ross apologized profusely for mentioning Dellums in a positive light, in consideration of his current actions. Now the Mayor of Oakland, Dellums was more concerned with property values in downtown than he was with the black community, when he condemned protests against the police murder Oscar Grant. Grant, a young black retail grocery worker was lying face-down on a subway platform on New Years Day 2009 when he was shot in the back for no reason!
The response to Dellums in 1995 from the Justice Department focussed on the fact that litigation in Mumia's case was still proceeding then. Now (in 2009), according to Ross, the idea was revived because, with appeals exhausted, "the gig was up; there was nothing left."
JR then interviewed M1 from the rap group Dead Prez, who was very moved by his recent long interview with Mumia. He got to talk to Mumia for hours, and was very impressed with Mumia's fantastic spirit, and ability to speak on many issues. He planned to incorporate many things that Mumia said into his music. Key quotes from Mumia were "everything is political," and, "the culture of resistance is revolutionary."
Jack Heyman of the ILWU
Jack Heyman's interview then came on. Heyman is an executive board member of the International Longshore and Warehouse Union (ILWU) Local 10, and the key leader of an historic West-Coast port shutdown to free Mumia in 1999. In this action, primarily black longshore workers shut all the ports for one shift, and then marched in San Francisco chanting, "An injury to one is an injury to all, free Mumia Abu-Jamal!"
Heyman, who is also a member of the Labor Action Committee To Free Mumia Abu-Jamal, described the port shutdown in context of labor history. In the 1920's and 30's, the communist-led International Labor Defense (ILD) fought the frame ups of Sacco and Vanzetti and the Scottsboro boys. Interested in what's happening now, JR asked, "why is labor interested in Mumia?" "Mumia represents an important part of the class struggle," said Heyman. "Mumia stood with the working class by refusing to be interviewed about his own case by ABC's 20/20 during a lockout," despite the threat of a death sentence hanging over him. And, as Heyman described, Mumia has consistently supported other workers' struggles over the years. His commentaries have repeatedly been played at workers' rallies.
Heyman also mentioned the Rio de Janeiro teachers in Brazil, who were the first internationally to hold a workers' stop-work action to free Mumia. "Capital is global now," said Heyman. He then mentioned the current struggle of locked out ILWU Rio Tinto miners, in Boron, CA. Mining conglomerate Rio Tinto is international, with operations in South African and Canada as well as the US.
At the end, Jack mentioned that some people in the Mumia movement "have illusions" in appealing to Attorney General Holder. "We think that the system will never grant Mumia a new trial," said Heyman "I agree with that," said JR. Jack concluded by saying "we need to get back into the streets."
Mumia Abu-Jamal: "Law is the tool of those in power"
A short interview with Mumia completed the 2-hour segment. About the "Mumia exception" issues mentioned earlier by Linn Washington, Mumia said that "the law is the tool of those in power, so it's not the law, it's power," that's decisive. Mumia also commented on life on death row, which is "22 & 2." ie, mostly a life of complete isolation. "Some men go mad," said Mumia, "and we've seen a spate of suicides." He also mentioned the case of Amadou Diallo in New York, in which "shoot first and ask questions later" was the rule as cops killed an innocent, unarmed man in a hail of bullets while he stood in his own doorway in 1999. These cops were acquitted, and later transferred to Albany. "What does that say about their attitude to the people they're supposed to serve?" asked Mumia.
And finally, on KPFA, Mumia's own greeting to supporters celebrating his birthday was played on Flashpoints (5 PM weeknights), on Monday the 26th of April. In this brief interview, Mumia said, "the movement is what keeps me alive." "Build the movement," he concluded. Right on!
There was a one-hour program on Mumia on "Where We Live," with Sally O'Brien, on Thursday the 22nd. It began with Mumia's birthday greeting to his supporters (see above) and then moved to a clip from the 1995 PCRA hearing, which O'Brien covered for Pacifica. This was followed by 20 minutes with Linn Washington, an interview with Mumia's sister, and concluded with Suzanne Ross on the demand for a civil rights investigation.
Then on Saturday the 24th, NY State Senator Bill Perkins, Ramona Africa of the MOVE organization, and Suzanne Ross appeared on "On the Count," a prison program hosted by Eddie Ellis, at 10:30 AM on Saturday the 24th. Special birthday tributes to Mumia from Assata Shakur and Angela Davis were also on the show.
The Labor Action Committee To Free Mumia Abu-Jamal is organized to promote a class-struggle defense for Mumia Abu-Jamal. We have no confidence in the courts or Justice Department to grant Mumia a new trial, let alone free him. For labor action to free Mumia!
Write Mumia at: Mumia Abu Jamal, AM 8335, SCI Greene, 175 Progress Dr, Waynesburg PA 15370.
For the first time in the history of Mumia's case, we now have electronic access to his much redacted 900 page FBI file which was all collected several years BEFORE there was any question of a crime or of killing a cop. It is a record of the targeting of Mumia since the time he was 14 years old
by poets, playwrights, journalists, book authors, wordsmiths, & activists
List in formation:
Loretta Campbell
David Lindorff
Susan E. Davis Sister Lupe
Shelley Ettinger Edwuare X. Osayande
Jose Angel Figueroa Ndigo
Robert Gibbons Louis Reyes Rivera
Rashidah Ismaili Yusef Salaam
Atiba Kwabena Nana Soul
Saturday, April 24
2:30-6 p.m.
Program starts promptly at 3
St. Mary's Church
512 West 126th Street
New York, NY 10027-2406, United States
(212) 665-5992
(between Old Broadway & Amsterdam Ave.)
Mumia Abu-Jamal now faces a most critical moment in his decades-long struggle to be granted a
new trial based on solid, incontrovertible evidence of prosecutorial misconduct during the criminal
court trial that led to his conviction on charges of killing a Philadelphia police officer. This
past January, the Supreme Court overturned the Third Circuit Court of Appeals' 2008 decision to set
aside the death penalty based on improper instructions given to the jurors. Instead, the high court
has instructed the circuit court to "reconsider" its earlier decision, particularly reinstitution of
the death penalty.
To celebrate Mumia's birthdate (April 24, 1954), the New York Coalition to Free Mumia Abu-Jamal
and the National Writers Union (NWU/New York Chapter) are organizing Writers for Mumia, an afternoon
of readings and testimonials in Harlem. The event immediately precedes a rally scheduled for Monday,
April 26, in front of the Justice Department's headquarters in Washington, D.C. to demand a civil
rights investigation of Mumia's case.
For more information contact Writers for Mumia through the International Action Center,
212-633-6646; or the New York Coalition to Free Mumia Abu-Jamal, 212-330-8029.
Call the Department of every Thursday, between 9 and 5 p.m. and leave a message
on the hotline 202-353-1555, demanding a civil rights investigation into the case
of Mumia.
The recent decision by the US Supreme Court to send convicted police killer Mumia Abu-Jamal's
case back down to the Third Circuit Court of Appeals in Philadelphia, with instructions for a
three-judge panel there to reconsider its decision to uphold the lifting of the prominent
African-American journalist’s death penalty, is only the latest in a long string of examples of
how courts at all levels have made special exceptions to precedent in order to try and kill this
particular prisoner.
Mumia supporters rally in NYC around the January 19th 2010 US Supreme court ruling
granting appeal by prosecutors. The ruling brings Mumia closer to execution. Hip Hop
Artist Immortal Techinque, a Baruch College professor as well as Danny Meyers of the
National Guild of Lawyers are shown in this clip.
In a dangerous decision and a break with its own precedent, the U.S. Supreme Court, on Jan. 19, opened the door wide to Pennsylvania prosecutors' efforts to execute the innocent political prisoner, murder frame-up victim, award-winning journalist, and world-renowned "Voice of the Voiceless," Mumia Abu-Jamal.
Six months earlier, on April 6, the Supreme Court all but shut the door on Mumia's 28-year fight for justice and freedom when it refused to grant a hearing (writ of certiorari) despite its own decision in the 1986 case of Batson v. Kentucky that the systematic and racist exclusion of Blacks from juries voids all guilty verdicts and mandates a new trial.
In Mumia's 1982 trial, presided over by the infamous "hanging judge," Albert Sabo, Philadelphia prosecutor Joseph McGill, in explicit violation of Batson, used 10 of his 15 peremptory challenges to exclude Blacks from the jury panel. But as with virtually all Mumia court decisions over the past decades, the "Mumia Exception," a consistent and contorted interpretation of the "law," or abject blindness to it, has been employed to reach a predetermined result. Mumia's frame-up murder conviction was allowed to stand.
In contrast, on Jan. 19, 2010, Pennsylvania prosecutors, twice rejected in their efforts to impose the death penalty on Mumia (in 2001 and 2008), were given yet another opportunity to do so when the Supreme Court remanded the sentencing issue of life imprisonment versus execution to the U.S. Court of Appeals for the Third Circuit. The latter was instructed to take into consideration the High Court's new ruling in the Ohio case of Smith v. Spisak.
Frank Spisak was a neo-Nazi who wore a Hitler mustache to his trial, denounced Jews and Blacks, and confessed in court to three hate-crime murders in Ohio. Spisak saw his jury-imposed death sentence reversed in the federal courts when his attorneys, like Mumia's, successfully invoked a critical 1988 Supreme Court decision in the famous Mills v. Maryland case.
The Mills decision required, with regard to sentencing procedures, that both the judge's instructions and the jury forms make clear that any juror who believes that one or more mitigating circumstance exists (sufficient to impose a sentence of life imprisonment as opposed to the death penalty) should have the right to have that issue(s) considered by the jury as a whole. Prior to Mills, Maryland jurors were effectively led to believe that they had to be unanimous on any possible mitigating circumstance for it to be considered in the deliberation process.
Mills explicitly rejected the idea of unanimity; it rejected the notion that a single juror could block from consideration the mitigating circumstances hypothetically found by another juror or even by 11 of the 12 jurors.
Before Mills, the "unanimity" requirement in the way it was presented to juries essentially eliminated the vast majority of mitigating circumstances, and therefore juries had little or no alternative but to impose the death penalty. Under Mills, once all mitigating circumstances were set before the jury, it was then their responsibility to determine whether they were sufficient to impose a sentence of life as opposed to death.
In both Spisak's and Mumia's cases the trial court judge violated the Mills principle and in essence instructed the juries that unanimity on each mitigating circumstance was required for consideration of the jury as a whole. As a consequence, Federal District Courts in both Ohio and in Pennsylvania (in the case of Mumia), later backed by decisions of the U.S. Courts of Appeals, invoked Mills to overrule the jury-imposed death sentence verdicts. They ordered a new sentencing hearing and trial with the proper instructions to the jury and where new evidence of innocence could be presented. The jury remained bound, however, by the previous jury's guilty finding.
Even so, the long-suppressed mountain of evidence proving Mumia's innocence drives Mumia's prosecutors to avoid a new trial at all costs. A new trial of any sort could only expose, with unpredictable consequences, the base corruption of a criminal "justice" system permeated by race and class bias. Executing innocent people does not sit well with the American people. In the courts of the elite, as in life itself, nothing is written in stone. The "law" has more than once been "adjusted" in the interests of the poor and oppressed when the price to pay by insisting on its immutability is too costly in terms of doing greater damage to the system as a whole.
The effect of the 1988 Mills decision was to make it harder for prosecutors to obtain death sentences in capital cases; the effect of Spisak is to make it easier. Armed with this new Supreme Court weapon and order to reconsider the application of Mills, Pennsylvania prosecutors will once again seek Mumia's execution before the Third Circuit.
"States' rights" logic of Spisak decision
Prior to this unexpected turn of events and for the past 22 years, the broad U.S. legal community appeared to agree that Mills applied to all states. That is, if a jury were orally mis-instructed and/or received faulty or unclear verdict forms that implied it needed to be unanimous with regard to mitigating circumstances that would be considered to weigh in against the death penalty, the death penalty would be set aside and a new sentencing hearing ordered.
That is what happened in Mumia's case when Federal District Court Judge William H. Yohn in 2001 employed Mills to set aside the jury's death penalty decision. Yohn gave the state of Pennsylvania 180 days to decide whether or not to retry Mumia or to accept a sentence of life imprisonment.
Since then, Pennsylvania officials have effectively stayed Yohn's order by appealing to the higher federal courts. The Supreme Court gave them the victory they sought.
In deciding to hear Ohio prosecutors' arguments in the Spisak case with regard to Mills the Supreme Court implied that a new interpretation of the concept of federalism was in the making. The political pendulum has swung back and forth on this issue. In past decades, a "states' rights" interpretation was employed to justify racist state laws that denied Blacks access to public institutions and facilities. With the rise of the civil rights movement, federal power was used to compel the elimination of the same racist laws.
Justice is far from blind in America. It is applied to the advantage of the working class and the oppressed only to the extent that the relationship of forces - that is, the struggles of the masses - demand it.
Since Mills was decided based on the facts in the state of Maryland only, Ohio and Pennsylvania prosecutors argued, Mills cannot be automatically applied to other states where a different set of jury instructions and jury forms were involved. Indeed, Ohio prosecutors argued before the Supreme Court on Oct. 13 that Ohio and Pennsylvania were the exception and not the rule and that the norm in other states was to essentially reject a strict interpretation of Mills in favor of various state guidelines regarding jury instructions. It was not by accident that Mumia's Pennsylvania prosecutors filed a friend of the court brief (amicus curiae) in support of the Ohio Spisak appeal.
Undoubtedly, the U.S. Supreme Court found some delight in rendering their Spisak decision. They changed the law in order to allow Ohio to execute a likely deranged Nazi and instructed Pennsylvania prosecutors to use this law to try to execute a revolutionary - that is, Mumia Abu-Jamal.
In every sense Mumia's life is on the line as never before. Pennsylvania Governor Ed Rendell is pledged to sign what could be the third and final warrant for Mumia's execution. Opinions vary as to the timeline for a final decision of the Third Circuit. Indeed, the Third Circuit could in turn remand the Mills issue back to Judge Yohn's Federal District Court, and any decision made therein might well be appealed by either side back to the Court of Appeals and then to the U.S. Supreme Court. The process could take months or years, but the deliberations will be based on new turf that leads closer to the death penalty for Mumia than ever before.
Mumia's supporters around the world and Mumia himself have long noted that the battle for his life and freedom largely resides in our collective capacity to build a massive movement capable of making the political price of Mumia's incarceration and execution too high to pay. Mumia is alive and fighting today because of that movement. Those dedicated to his freedom and who stand opposed to the death penalty more generally are urged get involved. Free Mumia!
Contact the Mobilization to Free Mumia Abu-Jamal in California, (510) 268-9429, or the International Concerned Family and Friends of Mumia Abu-Jamal in Pennsylvania, (215) 476-8812.
Jeff Mackler is the director of the Northern California-based Mobilization to Free Mumia Abu-Jamal.
This article was originally published in Socialist Action newspaper, February, 2010.
To the sound of drums, a little over a hundred of us demanded freedom for Mumia Abu-Jamal outside the United States Embassy in Mexico City on December 9, 2009, as well as for Leonard Peltier, the men and women of MOVE, the Angola 3, Sundiata Acoli, Los Cinco, Francisco Torres, Hugo Pinell, Ruchell Magee, Marilyn Buck, Dr. Mutulu Shakur, the Puerto Rican Independentistas, David Gilbert, Ramsey Muñiz, the environmental prisoners and all the social activists that this government intends to bury alive. We also demanded freedom for the 11,000 Palestinian political prisoners resisting torture and imprisonment in Israeli jails.
We accuse the United States government of kidnapping Mumia Abu-Jamal and holding him in conditions of torture for 28 years and of making an ongoing attempt on his life. In spite of all the evidence of racial discrimination in his trial, the Supreme Court of the United States the highest court in the land has denied him justice and, in so doing, has become party to these crimes. Despite photographic evidence that completely destroys the ridiculous scenario put forward by the Philadelphia District Attorney's office of the shooting death of policemen Daniel Faulkner in 1981, the managers of the national security state are now redoubling their efforts to execute this revolutionary journalist. If they're not able to apply the death penalty, which is nothing but premeditated murder, they plan to hold him captive in silence for the rest of his life. We support the demand for a federal civil rights investigation and all actions necessary to win his freedom.
We also accuse the United States government of fostering political prison and the extermination of the social struggle here in Mexico by training and equipping military and police forces to repress the social movements. We demand freedom for Ignacio del Valle, Felipe Álvarez, and Héctor Galindo, now held with long vengeful sentences which amount to life in prison, and freedom for the prisoners in Molino de Flores, the recently arrested comrades Victor Herrera Govea and Emmanuel Hernández Hernández, and all political prisoners in Oaxaca, Campeche, Guerrero and the entire country. We say NO to Plan México and NO to the construction of more prisons.
Our moderator Armando spoke of Mumia Abu-Jamal as a comrade we've supported for a long time, condemned to death or life in prison for "being a critic of the highly racist society of the United States, whose own Declaration of Independence refers to indigenous people as "merciless Indian savages' and which is built on the slave labor of people brought there from Africa. The history of the United States has been one of slavery, imperialism, and the robbery of the wealth of other peoples, all of which we have experienced in Mexico. And since Mumia is a good critic, he brings out these things. That's why he's in prison".
After reading Mumia's essay on Oscar Grant, whose murder by a BART policeman sparked a rebellion in the streets of Oakland at the first of the year, one of our members, Hilda, commented that although Mumia Abu-Jamal is now officially condemned to life in prison, there is a big effort to execute him and that his life is in grave danger. She explained that this essay is one of many things he has written on different issues, including Atenco, Oaxaca, the war in Iraq, from his small cell on death row where he has no physical contact whatsoever with his family or friends. She mentioned that it's a paradox to speak of this situation on the eve of the celebration of International Human Rights Day, and she also denounced the numerous human rights violations in Mexico by the Army, a body that has no business patrolling the streets.
It gave us great pleasure to have ex political prisoner Jacobo Silva Nogales with us at this rally. He and Gloria Arenas Agis, recently won their freedom after spending ten years in prison for guerrilla activity with Jacobo arguing their right to rebellion. He said: "And who is Mumia Abu-Jamal? The first time I heard that name I was in prison, and I learned that he was also in prison. I learned that he was a political prisoner, and I was also a political prisoner". Mumia is a mirror that we're proud to look at because what we see is admired and respected; it's what the rest of us are, if only slightly and in exceptional moments. But he's also a mirror that's feared because it shows what can happen when self and duty become one and the same thing. The mirror admired and respected; that's Mumia an admirable struggle and a death sentence. So it also reflects those who have sentenced him. It reflects their fear of a better world for the many. That's why they want him dead; that's why we want him alive". It may seem hard, at times, to win freedom when you're in a prison where they try to ban your very dreams, but it's possible to get out of there if the dreams from the outside come together with those on the inside". I know this, because not long ago I was in a place like that, and I was able to get out, and so I'd like to tell him that I think he can get out, too that he can, that we can, win out over those bars that are blocking the freedom of his body, like he's been able to win out over those that block his freedom of spirit. By defending Mumia, we're defending our own selves!"
Also present were family members and comrades of Víctor Herrera Govea, recently arrested in the annual October 2nd march in commemoration of the Tlatelolco Massacre, simply for being young and protesting in the streets of Mexico City. His sisters invited everyone to participate in the activities in his support and read a letter that he sent to the rally, which says in part: "Today it's not only in México that we're experiencing the oppression of the prison system. This is also the case in Philadelphia, Pennsylvania, where Mumia Abu-Jamal, who was once a reporter for the Black Panthers, has been in jail for 28 years, sentenced to death or life imprisonment".The way his trials have been conducted reflects the nature of the ghetto experienced in the United States, a country where 42% of the prison population is made up of African-Americans".Once again, we find ourselves under attack by the neoliberal prison system. As lovers of freedom and anarchists who defend life lived in collectivity, we are not exempt from government espionage and measures of repression and oppression".The only thing left to do is keep on struggling for our prisoners in Mexico and those outside the country like Mumia Abu-Jamal, who's been incriminated for a murder he did not commit".There's no evidence whatsoever against us, either".To Mumia, our heartfelt desire to see him free. To the government, the worst of all possible downfalls".
We read a letter recently published in La Jornada by political prisoner Felipe Álvarez of the Peoples' Front in Defense of the Land (FPDT) of San Salvador Atenco: "Eight years after we launched a resistance struggle against an invasive, oppressive, murderous system, I ask you to keep on struggling. There's no torture that will ever make us give up our ideals; they can chain my body but never my consciousness. Neither can they chain the dignity and spirit of our peoples who are fighting for what belongs to them. The government still intends to dispossess us of what is ours and put it at the service of empire, taking our lands, water, oil, light, and the little wealth we have left".It's only those of us who struggle for land, natural resources and freedom who can gain the independence, sovereignty, and homeland that those who are looting our country talk so much about. Brothers and sisters, you live in my heart! Not one step backwards! Zapata lives! The Front continues!"
Doña Fili spoke: "Mumia, there are a lot of young people here who hadn't even been born when you went to jail. We, as mothers, see you as our son and demand your freedom. We will never tire of demanding your freedom. You live in a highly advanced country. Advanced, yes, but in death"You've resisted a country that has killed our peoples"In our countries, they impose tyrants, but we'll bring them down"You are part of our people, Mumia. You've marked our history. That's why we're here, Mumia. Your spirit lives in each one of us."
We appreciated the presence of the Federation of the Socialist Campesino Students of Mexico (FECSM), which has been in a struggle against government plans to convert rural teacher training schools into mere technical schools in places such as Tiripetío, Michoacán and Ayotzinapa, Guerrero. Their representative Isaías sent his greetings to Mumia, and said: "Comrades, as a Federation, we've had prisoners; as a Federation, we've been beaten; as a Federation, we've been tortured by the federal government, so we lend our solidarity to all those who struggle from below".We've seen how the imperialists have increasingly taken over our freedom and our resources. We have the same enemy and we'll struggle with you against this common enemy."
Daniel, speaking for the collective Shouts of Street Rage (GRC), said: "28 years have gone by. Those numbers may be easy to say. 28 años. But I've reached the conclusion that my mother was a child when a person, a thinker, a journalist was taken prisoner. Why? Because, as we know, the State is afraid of people who, with their words, their gaze, their actions, generate actions that destroy the system we talked about. You mothers walking by in the street, I ask you: What if Mumia Abu-Jamal were your son? What if they had taken away his freedom and what if he were locked up on death row thinking, "Damn! They could shoot me up with drugs tomorrow and end my life!? This comrade, in spite of being behind bars, not being able to see the light of day, not being able to hug his family, has stayed active and is still present in the social processes from inside, yes, but he's part of things. Is it right to just stand by when we see a life in danger right before our eyes? When we see false evidence, a new trial denied, the death penalty, a life sentence, total injustice and impunity? And now the question is what are we going to do?
From Chiapas, we received greetings from the poet Xmal Ton, adherent to the Sixth Declaration of the EZLN: "This song is dedicated to all our comrade political prisoners in Abya Yala, which is America, in all the continents of the world. Thank you for your bravery and your force, which are the breath of life to us. Thank you for your spirit of struggle, which is the road we take every day. For the liberation of all of us who struggle for our great, sacred mother, which is the Earth." We read her poem "Four words," dedicated to all political prisoners and especially to the grandfather Leonard Peltier: "Four words fall from the sky. Do not be sad. Four words fall from the sky. They will heal you. Four words fall from the sky. The morning is ready for you. Four words fall from the sky. The fire will warm your heart. Four words fall from the sky. The air will pray for you""
After reading the poem, our comrade Bisharú commented: "I feel very close to Mumia because of his words, because of the way he talks about the social movements. Sometimes I feel ashamed when I think that somebody in his conditions can be much freer than the rest of us. He has shown us that freedom is not only seen in actions, but also comes through in Mumia's words that have brought life and liberty to many of us."
We denounced the attacks against the Zapatista communities and read a recent letter from the Gómez Saragos brothers, of Bachajón, Chiapas, to all the national and international organizations, where they say: ""we belong to the organization of adherents to the other campaign of the EZLN, and we're here for defending our territory while the government wants the PRI party members to have it, but we"don't want them to take away our land because that's where we work to support our children. That's why we're prisoners. But we thank you for your valuable support and hope that you'll continue to support us in reaching our goals."
Yazmín of the Chanti Ollin spoke of the recent effort by the city government to take this occupied space away from us, and then she read the text written this past November 25 by Nzingha Shakur-Ali, daughter of political prisoner, Dr. Mutulu Shakur: "My dad goes before the parole board December 2nd. Thinking about my family and the families of other political prisoners and freedom fighters around the world" i am SO truly blessed to come from the family i do, from the Hearne clan, from the Shakur clan. It's a different way of life in many ways, being children of revolutionaries. Our parents fought, were imprisoned, were exiled, and died fighting for basic human equality; and all the while growing up in discipline and knowledge, love and respect for not only our people, but for all people. we think differently; we see the world differently". now Mutulu is in Florence, Colorado, the #1 maximum security prison in the united states also known as the ADMAX, Supermax, or The Alcatraz of the Rockies, ADX houses the prisoners who are deemed the most dangerous and in need of the tightest control. It is the highest level security federal prison in the united states, and generally considered the most secure prison in the world. Individuals are kept for at least 23 hours each day in solitary confinement." That means he gets 1 hour, by himself, outside his cell in heavily guarded area. All of our visits are behind glass and he often handcuffed". these things come to mind as his parole hearing draws near. They have and continue to do everything they possibly can to keep him in prison" i am humbled by those who, like mutulu, saw their difficult path before them and even still chose to stand and fight, rather than lay down and continue to be enslaved".i give thanks for the people who fought and are still fighting for freedom and equality". My blood? is a million stories. FREE "EM ALL. Peace."
Victor of the Popular Kitchen of the Che Guevara Auditorium talked about the way prisons exemplify capitalism, commenting that for Mumia Abu-Jamal, "the American dream, for whites only, was just a prison and the Black Panther Party was his road to freedom." He quoted from Mumia's book, We Want Freedom: A Life in the Black Panther Party: "I went to jail". I was here for defending my people. I was here because I was a member of the Black Panther Party. Within a few weeks I was back, no worse for the wear. I was out of jail and back in the swing of things. I was working on the paper, selling them, and editing stuff"The days were long. The risks were substantial. The rewards were few. Yet the freedom was hypnotic. We could think freely, write freely, and act freely in the world. We knew that we were working for our people's freedom, and we loved it. It was the one place in the world that it seemed right to be." In speaking of Mumia Abu-Jamal's relationship to the MOVE organization, Victor said: "Mumia rediscovered people bent on freedom and an organization that was an alternative to the logic of the coercion and degradation of human beings by the panoptic prison. But the prison system still existed along with its forms of repression and sabotage. In the face of the genocidal attacks by the North American system against the MOVE movement, Mumia could not remain silent; he denounced the massacre." Victor concluded his presentation, citing Mumia's essay "Absence of Power": "The police are agents of white, ruling-class, capitalist willperiod. Neither black managers nor black politicians can change that reality. The people themselves must organize for their own defense, or it won't get done."
Pachón of Mexico City Anarchist Black Cross read the following text: "Mumia's case is not isolated; it's part of a strategy of social control by
governments to try to break the righteous social movements and silence people who make them uncomfortable. The United States is the country with the highest percentage of its population imprisoned, the majority of whom are Black or Latinos. More and more people in jail. That's what the goverments and private industry want so they can build more and more prisons".Mumia's example should give us the strength to redouble our efforts to win
his freedom. IN conclusion, we want to call attention to the cases of other political prisoners in the United States and name some of them: Abdul Azeez, Abdul Majid, Alvaro Luna Hernández, Antonio Guerrero, Avelino González Claudio, Bill Dunne, Byron Shane Chubbuck, Carlos Alberto Torres, Chuck Sims Africa, Daniel Mcgowan, David Gilbert, Debbie Sims Africa, Delbert Orr Africa, Ed Poindexter, Edward Goodman Africa, Erik Oseland, Eryn Trimmer,
Francisco Torres, Fred "Muhammad" Burton, Garret Fitzgerald, Gerardo Hernandez, Hanif S. Bey (B. Gereau), Herman Bell, Jaan K. Laaman, Jamil Abdullah Al-Amin, Jalil Muntaqim,
Janet Holloway Africa, Janine Phillips Africa, Jeffery "Free" Luers, Joseph
"Joe-Joe" Bowen, Leonard Peltier, Luce Guillen-Givens, Luis Medina, Malik Smith, Maliki Latine, Marilyn Buck, Marshall Eddie Conway, Matthew Depalpma, Max Specktor,
Michael Davis Africa, Mondo We Langa (D. Rice), Monica Bicking, Dr. Mutulu Shakur, Nathanael Secor, Oscar Lopez Rivera, Rene Gonzalez, Robert Seth Hayes, Romaine Chip Fitzgerald, Ronald Reed, Ruben Campa, Russell Maroon Shoats, Sekou Kambui (W. Turk), Sekou Odinga, Sundiata Acoli (C. Squire), Thomas Manning, Tsutomu Shirosaki, Veronza Bowers Jr., William Phillips Africa, William "Lefty' Gilday, Zolo Agona Azania".
Despite sound problems, the comrades of The Other Culture closed the rally with their original song dedicated to Mumia as a gesture of solidarity, and also brought copies of their new CD highlighting the song. Several images of Mumia were left behind on the ground and the concrete barriers around the Embassy, along with the ashes of the stars and stripes.
On Wednesday, December 9, 2009, join International Concerned Family and Friends of Mumia Abu-Jamal
and the Free Mumia Coalition NYC, as we gather to protest the 28-yearconspiracy to execute Mumia Abu-Jamal
for a crime that an enormous amount of evidence proves he did not commit.
Lynne Abraham, the outgoing District Attorney, and Seth Williams, the newly elected black DA, want to
bury the truth and silence Mumia forever.
THE PROTEST BEGINS AT 4 PM IN FRONT OF THE GOVERNOR'S REGIONAL OFFICE, 200 SOUTH BROAD STREET, NEAR MARKET
STREET, IN PHILADELPHIA.
There will be an indoor meeting following the protest at 7PM at the American Friends Center, 1515 Cherry Street.
To reserve a seat on the bus, call 212 330-8029. For information on our work visit
www.freemumia.com
Contact: Suzanne Ross (917) 584-2135 - Pam Africa (215) 476-8812
International Representatives Join US Activists in Delivering to Attorney General Eric Holder Thousands of Letters Demanding a Civil Rights Investigation of the Case of Mumia Abu-Jamal
PRESS CONFERENCE:
New York Avenue Presbyterian Church
1313 New York Avenue
Washington, DC, 11:30 A.M.
MARCH TO JUSTICE DEPARTMENT AND PRESENTATION OF LETTERS FOLLOWS, ARRIVING AT DEPARTMENT OF JUSTICE 1:30 PM
Supporters of Pennsylvania death row political prisoner Mumia Abu-Jamal will march to the US Department of Justice in Washington, DC, on November 12 to deliver thousands of petitions to Attorney General Eric Holder demanding that the department open an investigation into the multitude of violations of Abu-Jamal's civil rights over the past 28 years.
A press conference at 11:30 AM at the New York Avenue Presbyterian Church will be followed by a march to the Department of Justice where the letters demanding such an investigation will be brought.
Among the speakers at the press conference will be Laura Moye, Director, Amnesty International's Death Penalty Abolition Campaign; Steven Hawkins, Vice President, National NAACP; Marvin "Doc" Cheatham, Sr., President, Baltimore NAACP; Pam Africa, International Concerned Family and Friends of Mumia Abu-Jamal; Fignolé Saint-Cyr, President of Autonomous Unions of Haiti; Berlin Coalition to Free Mumia Abu-Jamal; El-Hajj Mauri' Saalakhan, Washington, DC, Director of Operations, Peace and Justice Foundation; Thomas Ruffin, attorney; Joseph "Jazz" Hayden, Riverside Church Prison Ministry; Panama Alba, National Congress of Puerto Rican Rights, Campaign to End the Death Penalty, and others.
Many Muslim organizations are supporting the call for a civil rights investigation of Abu-Jamal's case. Representatives of these groups will be present both at the press conference and the subsequent rally at the Justice Department to express support for Mumia Abu-Jamal
while pointing out similarities between the due process and human rights violations in his case and those that are perpetrated daily against the Muslim political prisoners and prisoners of war.
This past July the NAACP passed an emergency resolution at its 100th anniversary convention in New York, asking Mr. Holder to conduct a civil rights investigation. "We're going to ask Attorney General Holder to look into this," said NAACP Chairman Julian Bond, during a broadcast of Pacifica Radio's "Democracy Now" on July 20. "As anyone who's followed this case for a number of years knows, similar doubts have been raised about him as were raised about Troy Davis." Later, Hilary Shelton, director of the NAACP's Washington office, told The Final Call, "We had a meeting with the attorney general, and the subject of Mumia Abu Jamal did surface. The attorney general said he was aware of the case and would look into it and get back to us."
Pam Africa, long-time Chair of International Concerned Family and Friends of Mumia Abu-Jamal, has announced that, "We are not coming to the Department of Justice looking for justice. We are bringing justice to the Department of Justice!" Dr. Suzanne Ross of the
Free Mumia Abu-Jamal Coalition adds, "At this critical moment in Mumia's case, a civil rights investigation could mean the difference between life and death for Mumia. It could also open the door for his release."
The call for a civil rights investigation follows the April 2009 U.S. Supreme Court acceptance of the Third Circuit's decision that closed all doors for a new trial or the consideration of
Abu-Jamal's innocence. Meanwhile, the Supreme Court is still considering an appeal by the Philadelphia District Attorney's Office to immediately reinstate Abu-Jamal's death sentence.
International legal bodies such as Amnesty International, the International Association of Democratic Lawyers, the European Parliament, and city councils and national governments around the world have argued for decades that Abu-Jamal was wrongfully convicted in a
widely denounced trial and appeals process for the 1981 killing of a Philadelphia police officer. They point to suppressed evidence, witness intimidation and consequent witness perjury, a very specious confession, an admittedly biased judge and a long string of twisted
appellate court rulings as evidence of a continuing conspiracy by the state of Pennsylvania to execute him. Additionally, and this is a critical basis for a civil rights investigation as occurred during the overturning of the conviction of Senator Ted Stevens of Alaska, there is extensive evidence of consistent withholding of evidence from the defense that could have led to Mumia's acquittal photographs challenging the prosecution's version of what happened on December 9, 1981, and evidence that another person other than Mumia, his brother, and Faulkner were at the crime scene at the time Office Faulkner was shot.
The march to the Justice Department will follow the press conference and is being co-sponsored by International Concerned Family and Friends of Mumia Abu-Jamal, National Lawyers Guild, (NYC Chapter), WESPAC, Riverside Justice Prison Ministry, Iglesia San Romero (UCC), Campaign to End the Death Penalty, International Action Center, Peace
and Justice Foundation, Families United for Justice in America, Nat Turner Rebellion, Black August Planning Committee, National Jericho Movement, , and ANSWER, among others.
The delivery of the petitions is expected to take place at 1:30 pm. The campaign has been endorsed by a broad range of individuals including Angela Davis, Ruby Dee, Charles
Rangel, Cynthia McKinney, Noam Chomsky, Cornel West, and Tariq Ali.
In 1982 Mumia Abu-Jamal was convicted of murdering a Philadelphia police officer and sentenced to death. His case is one of the most contested in U.S. history. Prosecutors, the Fraternal Order of Police and their supporters, and even the judges involved, have always claimed to possess a watertight case justifying Abu-Jamal's conviction and sentence.
Yet Abu-Jamal's trial, conviction, and death sentence have prompted jurists and human rights organizations worldwide to denounce the trial and death sentence as a travesty of justice. They cite the open bias of the original judge, who was overheard to have said
outside his courtroom, "I'm going to help them fry the n - - -- -".
Not only is this a strong indication of racial bias, a reality minimized by the judge who took over the case, but it clearly identified the absence of the requisite "judicial neutrality" expected of a judge.
The racially skewed process of jury selection, furthermore, yielded a disproportionately white jury, the disappearance of key ballistics evidence, and police intimidation of witnesses leading to perjured statements. Amnesty International, in its 2000 report called "A Life in the Balance: The Case of Mumia Abu-Jamal" stated that, "numerous aspects of this case clearly
failed to meet minimum international standards safeguarding the fairness of legal proceedings" and strongly recommended a new trial.
Abu-Jamal's defense team identified 29 claims of violation of his constitutional rights, but Abu-Jamal has been repeatedly denied the opportunity to have evidence of his innocence and of police and prosecutorial efforts to frame and convict him seriously considered.
Abu- Jamal has always asserted his innocence and his affidavit on this is included in the press packet.
Clearly Mumia Abu-Jamal's race and his political views, as well as his widely recognized enormous talent in communicating those views, have played a key role in his being the object of a 28 year conspiracy to forever silence his voice.