12/6 Court Decision Details;12/9 Philly Mtg, Films;12/10 NYC Event

- More info on 12/6 decision in Mumia Abu-Jamal's case

- 12/9 Philadelphia - Noon, films on Mumia's case; 5pm, important meeting
- info below

- 12/10 NYC - 4pm - 7pm, Human Rights Day (with focus on Mumia) - info below


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Major court victory for Mumia Abu-Jamal

BY JEFF MACKLER

In a decision that will likely stun the Pennsylvania legal establishment
that has been trying to railroad innocent death row political prison and
award winning 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 December 6 rulings granted "certificates of
appealabilty" 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 this writer 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 January 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 on this issue in the famous 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. While legal
analysts doubt that Pennsylvania prosecutors will be successful in pursuing
this "victory" for reaction, if they are, Mumia may be once again be
subject to an order for his execution by lethal injection.

"The Third Circuit decision opens the door to a new trial and freedom for
my client," said Bryan. "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 them issue a decision or set a date for a hearing and
oral arguments.

There are several possible outcomes, from the worst, but least expected
scenario where Sabo's unconstitutional sentencing instructions are upheld
and Mumia faces execution, to a decision of Third Circuit to either order a
new trial or to remand the case to the Federal District Court to re-hear
the issues where 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 to high to pay. In Philadelphia
contact: International Concerned Family and Friends of Mumia Abu-Jamal at
215-476-8812. In San Francisco contact: The Mobilization to Free Mumia
Abu-Jamal at 415-255-1080.

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International Concerned Family and Friends of Mumia Abu-Jamal:
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From: icffmaj [at] aol.com
Date: Wed, 7 Dec 2005 19:03:30 EST
Subject: [icffmaj] Major Breakthrough in Mumia's case requires Major Action!


OnaMOVE! The latest breakthrough in Mumia's case is very encouraging.
However, people must not be tricked into thinking that these judges will do
justice for Mumia on their own. We must work to put pressure on them so
that they have no choice. It is very necessary that people become involved
on whatever level they can. This December 9th marks 24 years since Mumia
was shot and severely beaten by the Philadelphia police and later
railroaded to death row.

Join us on Friday, December 9th at the Friends Center at 15th and Cherry
Sts. in Center City Philadelphia. At noon we will begin showing a series of
films on the case of Mumia Abu-Jamal. At 5pm we will have an important
meeting to plan further action to work for Mumia's release. Attending the
meeting will be Fred Hampton Jr., son of assassinated Black Panther
organizer, Philadelphia Attorney Michael Coard, Howard Wilson who has
recently been released from death row, and world renowned activist Amiri
Baraka. The fight to save Mumia's life is at a critical point and your
involvement is necessary! Please spread the word.

We also strongly encourage you to attend the Human Rights Day event in NYC
which will have a major focus on Mumia's case:

HUMAN RIGHTS DAY DECEMBER 10, 4PM to 7PM
$10 INCLUDING FOOD
Salem United Methodist Church on 129th Street and Adam Clayton Powell Jr.
Blvd., NYC

Join the Free Mumia Abu-Jamal Coalition, NYC alongside legal, political and
cultural activists for an exciting, informative and revolutionary evening
of examining systematic human rights denial. Issues will range from Mumia
and Political Prisoners, to Hurricane Katrina, the war on Iraq, Assata
Shakur, Lynne Stewart, the assassination of Comandante Filiberto Ojeda
Rios, plus much more.

SPEAKERS: PAM AFRICA, INTERNATIONAL CONCERNED FAMILY AND FRIENDS OF MUMIA
ABU-JAMAL; HERMAN FERGUSON, CO-CHAIR NATIONAL JERICHO MOVEMENT; LYNNE
STEWART, TO BE SENTENCED IN DECEMBER BY THE US GOVERNMENT: MASAI EHEHOSI,
FREE IMAM JAMIL ABDULLAH AL-AMIN (RAP BROWN) CAMPAIGN; ESPERANZA MARTELL;
ROSEMARI MEALY; AND OTHERS.

THE WELFARE POETS WILL ALSO BE PERFORMING!

New merchandise and revolutionary gear will be available for purchase
including buttons, shirts, videos, audio and of course Mumia's books
written straight from death-row! As always, information, updates and
literature will be provided for free!

Endorsers: National Jericho Movement, Patrice Lumumba Coalition, The
Justice Committee, Fred Hampton Jr., International Action Center,
Pro-Libertad, WESPAC, City Council Member Charles Barron, New York
Committee to Free the Cuban Five, December 12th Movement, Members of the
Ossining NAACP, Viola Plummer, Daughters of Harriet, NEFAC/Open City,
Harlem Tenants Council, Vieques Brigade, and more

"We declare our right on this earth to be a human being, to be respected as
a human being, to be given the rights of a human being in this society, on
this earth, in this day, which we intend to bring into existence by any
means necessary ." - Malcolm X

For more information please visit the Free Mumia Abu-Jamal Coalition, NYC's
website at: http://www.freemumia.com

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