Mumia Abu-Jamal - Decision, U.S. Court of Appeals

!Please Circulate Widely!


Dear Friends of Mumia Abu-Jamal,

Today we received the following communication from Robert R. Bryan, chief
counsel for Mumia Abu-Jamal. Bryan considers the decision of the U.S. Court
of Appeals, Third Circuit to grant new certificates of appealabilty on two
critical issues to be extremely important in regard to winning a new trial
for Mumia.

Claim #16 below had already been certified for appeal. But the other two
claims had been rejected by the Federal District Court for consideration on
appeal. That is, the previous Judge William H. Yohn Jr. refused to grant
the necessary "certificates of appealability" to have the higher court
consider vital issues.

With the December 6 decision of the U.S. Court of Appeals, this has now
been reversed, opening the door to arguments that till now been excluded.

We will have additional details in the days to come. For now, we can
celebrate a political and legal victory for Mumia that should open the way
to renewed and extensive work towards winning Mumia's freedom.

Contributions toward this fight can be mailed to:
The Mobilization to Free Mumia Abu-Jamal
298 Valencia Street
San Francisco, CA 94103

In solidarity,

Jeff Mackler and Laura Herrera, Co-coordinators
The Mobilization to Free Mumia Abu-Jamal
298 Valencia Street
San Francisco, CA 94103
415-255-1085
alerts [at] freemumia.org


LETTER FROM ROBERT R. BRYAN:
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Tuesday, 6 Dec 2005
Mumia Abu-Jamal - Decision, U.S. Court of Appeals [PLEASE CIRCULATE]

Dear Friends and Supporters: Today the United States Court of Appeals for
the Third Circuit issued the most important decision affecting my client,
Mumia Abu-Jamal, since the lower federal court ruling in December 2001. An
order was issued this morning that the court will accept for review the
following issues, all of which are of enormous constitutional significance
and go to the very essence of Mumia's right to a fair trial due process of
law, and equal protection of the law under the Fifth, Sixth and Fourteenth
Amendments to the U.S. Constitution:

* Claim 14: Whether appellant was denied his constitutional rights due to
the prosecution's trial summation.

* Claim 16: Whether the Commonwealth's use of peremptory challenges at
trial violated appellant's constitutional rights under Batson v. Kentucky,
476 U.S. 79 (1986).

* Claim 29: Whether appellant was denied due process during
post-conviction proceedings as a result of alleged judicial bias.

Claim 16 concerns the prosecutorial use of racism in jury selection. The
record establishes beyond question that racism is a major thread that has
run through this case since Mumia's 1981 arrest, and continues to today.
Claim 14 relates to the guilt phase. It includes the prosecutor's argument
that if convicted Mumia would have "appeal after appeal." That comment
effectively lessened the burden of the jurors, and turned the concept of
reasonable doubt and presumption of innocence on its head. Claim 29 is
about the bias and incredible racism of Judge Albert Sabo, the trial
judge. Unfortunately, it is limited to his conduct at the 1995 evidentiary
(PCRA) hearing, rather than his monstrous behavior at trial. This
restriction is because all of the prior attorneys mistakenly did not attack
Sabo's misconduct at trial, an unfortunate oversight and mistake The court
has also issued a briefing schedule. The case is now on the fast track, as
I have been predicting. The opening briefs are due to be filed by January
17, 2006. Please post this e-mail and the attached Order on your web
sites, and circulate it. Today we achieved a great victory in the campaign
to win a new trial and the eventual freedom of Mumia. Your support, and
activism, is badly needed and appreciated. With best wishes,

Robert R. Bryan
=============
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123 Lead counsel for Mumia Abu-Jamal

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