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Indybay Feature

8/17&8/18 SF Free Mumia Abu-Jamal Demonstrations

by Justice
World famous journalist and political prisoner Mumia Abu-Jamal, currently on Pennsylvania's death row after having been framed for killing a cop in December 1981, is expected to appear in court on Friday, August 17, 2001. There were will be worldwide demonstrations on that date, including in San Francisco at Noon at Van Ness & McAllister, San Francisco. There will be a second demonstration Saturday, August 18, 2001 at Noon at Powell and Market, Powell St BART station, San Francisco.
World famous journalist and political prisoner Mumia Abu-Jamal, currently on Pennsylvania\'s death row after having been framed for killing a cop in December 1981, is expected to appear in court on Friday, August 17, 2001. There were will be worldwide demonstrations on that date, including in San Francisco at Noon at Van Ness & McAllister, San Francisco. There will be a second demonstration Saturday, August 18, 2001 at Noon at Powell and Market, Powell St BART station, San Francisco. Everyone who can possibly be there should appear as only mass pressure will save Mumia\'s life.

Mumia changed attorneys this year due to unethical conduct on the part of at least one of his previous attorneys, who wrote a book on the case while representing Mumia, thus violating the attorney-client privilege. His new attorneys filed several new declarations and legal briefs in May 2001. The most important declaration is that of Arnold Beverly, which had been signed in June 1999, but not filed in court by his previous attorneys. Mr. Beverly stated that he was hired by the Philadelphia police to murder Office Faulkner since Faulkner was blowing the whistle on the corruption in the Philadelphia police department, which corruption became the subject of a major federal investigation in 1982, leading to many indictments. Thus, while a defendant need only defend his innocence and present reasonable doubt as to the prosecution\'s claims, Mumia now has proven his innocence. These declarations and that of Mumia and others, may be viewed at:

http://www.refuseandresist.org/mumia/2001/050801beverly.html
http://www.refuseandresist.org/mumia/2001/050501affidavit.html
http://www.refuseandresist.org/mumia/2001/050801cook.html
http://www.refuseandresist.org/mumia/2001/051401hersing.html
http://www.refuseandresist.org/mumia/2001/051401washington.html

After issuing a pro-defense decision on July 5, 2001, allowing an attorney to be admitted to Mumia\'s new legal team over the prosecution\'s objections, US District Court Judge Yohn issued a pro-prosecution decision on July 19, 2001, denying Mumia\'s motion to order the prosecution to take the deposition of Arnold Beverly. The judge cited the notorious 1996 Anti-Terrorism and Effective Death Penalty Act, signed by that good Democrat Pres. Bill Clinton, as an excuse for claiming that innocence is no defense. Judge Yohn also stated that Mumia\'s claims in the state court have not yet been exhausted. Yohn\'s July 19, 2001 decision in its entirety is at: http://www.freemumia.com/07-19-01yohnreject.pdf

On August 17, Mumia will appear in the state court, the Philadelphia Court of Common Pleas, in which his attorneys have submitted a 275-page brief which includes Beverly\'s confession, requesting a second Post-Conviction Relief Act hearing.

For continuous updates, please refer frequently to:
http://www.mumia2000.org/

To participate in the San Francisco mobilization, including distribution of leaflets, please call 415/695-7745 or E-mail alerts [at] freemumia.org. The website for the San Francisco Mobilization to Free Mumia Abu-Jamal is http://www.freemumia.org

It is very clear that not only do we need millions of people around the world appearing at demonstrations for Mumia, we need serious labor action in the form of political strikes. The ILWU (longshore workers) took such an action in 1999 and we need to see more such actions in the US and around the world. Mumia is clearly a political prisoner, having been a Black Panther as a teenager, and spent his journalist career exposing police brutality in Philadelphia. He refused to cross a picketline at ABC-TV in December 1998 to speak on his own behalf because he is committed to labor, even though he is on death row, where he sits in a cell for 23 hours per day.

Both Democrats and Republicans are staunch supporters of the death penalty and opponents of Mumia Abu-Jamal. The chair of the Democratic Party, Ed Rendell, was the district attorney who framed Mumia Abu-Jamal. For a complete description of the evil deeds of Democrat Ed Rendell, see:
http://www.aspenlinx.com/mumia/newstuff/rendell2.htm

The workingclass has nothing to gain from the twin parties of capitalism, the Democrat-Republicans. After the acquittal of the New York police who murdered Amadou Diallo with 19 shots from 41 hits because he happened to be a black man standing in his doorway, Mumia wrote a column dated February 2, 2000, reminding everyone that under that good black Democrat, former New York Mayor Dinkins, police brutality was equally horrific. He concludes:

\"No major political party in American can even begin to promise black folks in America the power to stand on their own doorstep, or ride their own car, or walk the streets of the urban center, without the very real threat of being \'accidentally\' blasted into eternity. A politics that cannot, or will not control the agents of that polity (that is, the police) is unworthy of our support.\"

Peace & Freedom Party is the California electoral party that organizes all the California demonstrations for Mumia Abu-Jamal. Black Panthers ran for office on the Peace & Freedom Party ticket, including Kathleen Cleaver, who ran against Democrat Willie Brown for Assembly in 1968. Peace & Freedom is a workingclass socialist party that is always for labor, peace, the environment, gay rights, women\'s rights and all other civil rights. We oppose the death penalty and prison construction. We need your registration now to be on the ballot in 2002 for the important governor\'s race where we will have a public power candidate, running against the PG&E Democrat-Republicans. Just check \"other\" on your voter registration form and write in Peace & Freedom Party. For more information, see http://www.peaceandfreedom.org

by Pat Kincaid (laughter [at] aol.com)
As Jamal slowly sinks under the waves, he grasps desperately at any straw - including now trashing the lawyers that had represented him for over a decade.

I encourage everyone to read his new attorneys' brief regarding this 'conspiracy' to see how pathetic the case has become.

According to their theory, not only did Officer Faulkner have the misfortune of pulling over a taxi-cab that just happened to have as a passenger the hit-man that the Mafia and the corrupt Philly police had hired to kill him - but then just who happens to come along to be conveniently framed for this murder? The cab driver's own brother (Jamal), who just happens to be a gun-toting ex-Black Panther, and self-proclaimed revolutionary!

Boy, how lucky can you get?
by Justice
The good Democrat Pat Kincaid once again shows her true Nazi colors as she does her business on Independent Media. The problems that Mumia is experiencing in his legal case are common in many legal cases. Anyone who sees the course of legal cases over time soon learns that what we are witnessing in Mumia's case is not unusual, and changing attorneys is very common. While some of the attorneys may have been with Mumia for a long time, the writing of this book took place only within the past year, and Arnold Beverly's confession was signed 2 years ago. It would have been difficult for Mumia to fire his attorneys for not filing the confession as that is a strategy decision, but certainly the writing of the book was a basic condition for firing any attorney as it clearly violates the confidential attorney-client relationship. Mumia was clearly a victim of circumstances, and a person who was not a politically well-known opponent of police brutality would never have been charged. Mumia was charged with a crime he clearly did not and could have committed.

Thus, all Pat Kincaid has left is her defense of a bankrupt social order, capitalism, and a very racist capitalist state at that. The corruption in the Philadelphia police department was the subject of federal investigation and indictments at the time of Mumia's trial, yet Pat Kincaid chooses to ignore the bankruptcy of the Philadelphia police. That is most likely becaue the national chair of her party, the Democratic Party, is Ed Rendell, the district attorney who framed Mumia Abu-Jamal.

It is Pat Kincaid's case for the defense of capitalism and her stinking, rotten Democratic Party that is falling apart.
The evidence is all around us. While the US is number one in military hardware and busy making war all around the world to benefit the profits of the munitions makers and the oil companies, our schools, healthcare systems, public transportation systems, affordable housing and all other social needs are falling apart. The United States is by far the most backward country in the industrialist world by all social indicators, for one cannot have both guns and butter. It is also the only major industrialist world to continue to actively promote the death penalty.

If you have had enough of the world of Pat Kincaid, the Democrat-Republicans, and capitalism, join Peace & Freedom Party now. We are always for labor, peace, the environment, gay rights, women's rights, all other civil rights, Mumia Abu-Jamal, and socialism. Just write "Other" on your voter registration form and write in Peace & Freedom Party. For more information, see http://www.peaceandfreedom.org
by Pat Kincaid (laughter [at] aol.com)
Lots of talk about Nazis, captilaists, Democrats, etc.

Total silence on the utter incredibility of the Beverly confession - or why Jamal waited nearly 2 decades to claim that he himself was shot by someone other than Faulkner.

by Justice
The stinking little Nazi, that good Democrat, Pat Kincaid, is trying to hide behind her lies. Mumia has declared his innocence from the beginning of this case, and he defended his innocence in court at trial, to the extent the judge-prosecution team would allow it. This Mafia hit man confession was signed only 2 years ago, and certainly takes a great deal of courage on the part of Arnold Beverly, who signed it, to come forward, as he is saying that he is willing to die in place of Mumia Abu-Jamal. The facts of the case continue to be the same. There is no evidence linking Mumia to the crime and none has ever been established. In fact, the police did everything they could to destroy evidence and no basic tests were conducted. Then we had the infamous incident wherein Officer Faulkner's wife claimed Mumia said something in the courtroom when the record clearly shows Mumia was not in the courtroom that day. Mumia was clearly a victim of circumstances, as is the USUAL situation in most criminal and civil cases.

Thus, we are left with the politics of Pat Kincaid, the same person who has attacked the Palestinian liberation movement on Independent Media, the same person who defends the racist David Horowitz and his contrived, racist attack on reparations, all a smokescreen for a fascist attack on all progressive causes, and Horowitz is bought and paid for by fascists. Keep in mind this is a Democrat, namely Pat Kincaid, who is doing all these evil, fascist deeds.

The workingclass of the world stands firmly in support of Mumia and regularly conducts general strikes for a wide variety of causes. They will not hesitate to do so for Mumia. The weak American economy and the vulnerable, election-frauding Bush Administration, with its Democratic Party lackeys who refused to mobilize the black community to oppose Bush's election fraud, cannot withstand any economic challenges of any kind.

Pat Kincaid and her Democratic Party are excellent advertisements for putting an end to the stinking, rotten Democratic Party, a capitalist party masquerading as defenders of labor, which it never defends, but rather attacks with the same vigor and viciousness as the Republicans. We are witnessing the disappearance of the Democratic Party as it more and more works with the Republicans in their "bipartisan" oppression of the workingclass. Their refusal to fight Bush's election fraud and their voting for his reactionary programs has ended the Democratic Party's effective existence at the national level. In California, a bellwether state, Democratic Gov. Gray Davis is doing his best to become a one-term governor, from his sell-outs to PG&E to his promotion of the death penalty and prisons to his latest cuts in the education budget. That is the short list of grievances the workingclass has against Gray Davis. When Gray Davis is defeated, that will be the effective end of the Democrats in California at the statewide level. Then we have that matter of election-frauding, anti-tenant thug, "mayor" Willie Brown in San Francisco who sits in office with 40% of the vote plus election fraud. His credibility and that of his Democratic Central Committee are now zero, and the Democratic Party is now very weak in San Francisco. For the history of the election fraud of the Democratic Party in the 1970s with the People's Temple, which then included both the current mayor of San Francisco, Willie Brown, and the current mayor of Oakland, Jerry Brown, see http://www.brasscheck.com/jonestown. For Willie Brown's and the Democratic Party's election fraud since and including 1995, see http://www.brasscheck.com/stadium.

Let's finally put an end to this anti-labor, racist, warmongering, death penalty outfit called the Democratic Party so that stinking little fascists like Pat Kincaid can go join an openly fascist party and stop pretending they care. The best way to do that is to join Peace & Freedom Party, a workingclass socialist party that is always for labor, peace, the environment, gay rights, women's rights, all other civil rights and Mumia Abu-Jamal. Just check "other" on your voter registration form and write in Peace & Freedom Party. For more information, see http://www.peaceandfreedom.org
by Pat Kincaid (laughter [at] aol.com)
No evidence except for the gun found in his hand, at the scene, 30 seconds later - with the empty chambers, and the fragments in Faulkner's head.

No evidence except for the nurse at the hospital who reported Jamal saying "I shot the motherf*cker and I hope he dies".

No evidence that Jamal believed in the precepts of the Black Panthers that 'power flows from the barrel of a gun'.

And apart from those facts, you're wrong on another - Jamal never gave an account of what happened for nearly 20 years - saying only "I am innocent of these crimes" - when it's clear that he never thought 'offing a pig' was a crime in the first place.

There's plenty of evidence that after 2 decades, this 'brave revolutionary's' cowardly failure to own up to his own acts is finally catching up with him.

What there is NO evidence for, is the conspiracy now claimed - which his own attorneys thought laughable. (Though they are apparently now being accused of being part of the conspiracy as well).
by Justice
The evidence clearly shows that Mumia Abu-Jamal is innocent.

The Ballistics and Forensics Evidence

The jury never saw the written report of the medical examiner which stated that Faulkner was "shot w/44 cal." Mumia's gun was a .38 caliber. It is common for night-time taxi cab drivers in the USA to carry a gun to protect themselves, and it is legal. The Second Amendment to the Constitution guaranteeing our right to self-defense still exists. Mumia had been robbed several times and he had a license to carry the .38 gun.

The police never tested Mumia's gun to see if it had been fired recently; they never tested Mumia's hands to see if he had fired any gun; they have no proof that Mumia's gun was the fatal weapon because there is none and it was not the fatal weapon; and they have lost a bullet fragment removed from Faulkner by the medical examiner. The prosecution claims Faulkner was shot at "extremely close range" but there was no gunshot residue on the back of Faulkner's jacket, which would indicate such a shot.


The bullet that hit Mumia was not shot upward from Faulkner, as the prosecution claims. Dr. John Hayes, a forensic pathologist who is the New York City Associate Medical Examiner and former chief resident in anatomic pathology at the Boston University School of Medicine, states that the bullet that hit Mumia had a steep downward trajectory, entering his chest at the nipple and stopping at his lower back.

On the basis of the ballistics and forensic evidence, or lack of evidence, alone, Mumia Abu-Jamal should be free today as the prosecution has no case whatsoever.

The Non-Existent Confession

There was no confession. Mumia Abu-Jamal was seriously injured and could not talk. The cop, Gary Wakshul, who guarded Mumia in the hospital, stated in his report "The Negro male made no comments." The jury never heard from Gary Wakshul. When the defense called Wakshul, the prosecution claimed Wakshul was on vacation and not available to testify. "Hanging" Judge Sabo who worked in cahoots with the prosecution instead of being impartial, refused to grant a continuance of the trial so that Wakshul could testify upon his return from vacation. In fact, Wakshul was home at the time and available to testify. None of the attending physicians heard any confession. The doctors reported that a nurse found police with loaded guns pointed at Mumia as he lay unconscious. The nurse also found police standing on the intravenous equipment that was keeping Mumia alive.

When Mumia arrived at the hospital, he was dumped on the floor of the emergency room, handcuffed behind his back, by the police. He was shot through the liver and had a bullet lodged against his spine.

The police or hospital guards who claim to have heard this non-existent "confession" did not report this non-existent "confession" until two months after it supposedly occurred, after Mumia filed police brutality charges.

The myth of a confession was rehashed in the bourgeois magazine, Vanity Fair, in August 1999, only this time the non-existent confession showed up years later, not months later. It turns out that the writer of this article, Buzz Bissinger, was a publicist for then Philadelphia mayor Ed Rendell, the original district attorney who framed Mumia Abu-Jamal, and now the national chair of the Democratic Party. The Vanity Fair article has now been refuted in detail as it has many contradictory statements.

Political Beliefs Barred From Use in Conviction

According to the International Covenant on Civil and Political Rights:
"All persons are equal before the law…In this respect, the law shall prohibit any discrimination and guarantee all persons equal and effective protection against discrimination on any grounds such as…political or other opinions…"

The Supreme Court has outlawed the citing of political speech and affiliation as an argument for the death penalty. In 1992, in Dawson v. Delaware the Supreme Court overturned a death sentence because the prosecutor cited the defendant's association with the Aryan Brotherhood which the US Supreme Court stated was a violation of Dawson's First Amendment rights to free speech. However, the US Supreme Court twice, in 1990 and 1992, refused to review Mumia's appeal on the same grounds. This is one of the many examples of racism and a political frame-up in this case.

Mumia Abu-Jamal was a minor, age 15, when he was a member of the Black Panther Party. The Panthers, and many other political groups of all kinds, often quoted Mao Tse-Tung (1893-1976) as he was an important political figure of the 1960s. One of the often-quoted statements was that political power grows out of the barrel of a gun. It was a very brief way of stating that that all governments enforce their laws with the armed might of their military and police forces. The 15-year-old child, Mumia Abu-Jamal, was simply stating popular phrases of the time, as he understood them, a common activity of teenagers. These statements have nothing to do with this case and cannot be used to prove anything.


20 Years of Defending His Innocence

Mumia Abu-Jamal's statements defending his innocence occurred at his trial, and since his trial, both personally and through his attorneys. All attorneys simply represent a client. The statements they file are on behalf of their client. Sometimes a party represents himself, known as appearing in propria persona or in pro per. Mumia has appeared in pro per as well as through counsel. All of the legal documents, known as pleadings and briefs, Mumia has filed through his attorneys or as his own attorney are his statements of innocence. He has also stated his innocence repeatedly and in detail, including details of the incident, in his many books, taped interviews and in his newspaper columns, which are printed widely across the nation in the African-American press and the socialist press.

Legal Representation

Mumia Abu-Jamal's current attorneys are not new to his case at all; they were his attorneys for the amicus curiae(friend of the court) briefs that were filed on his behalf. The problems Mumia has experienced with his attorneys are very common, especially in this society where the temptation to make a few extra dollars by writing a book always exists. That is why there is an ethics code, which Mumia used to terminate his relationship with the lawyer who wrote a book about his case while representing him, as well as another lawyer, who should have informed Mumia about the book. This is not proof of any conspiracy at all; it is a sign of weakness on the part of those two attorneys. It may later turn out that the attorney writing the book had some ulterior motive, but it is more likely that he was just greedy for the money. Mumia's first attorney was a court-appointed attorney and like all poorly-paid public defenders, he was unable to prepare adequately for Mumia's defense. In the case of this particular court-appointed attorney, there appears to have been some cooperation with the prosecution. This is also not unusual and we are hearing more about the incompetence of court-appointed attorneys for criminal defendants as the issue of the death penalty is now front and center on the political agenda today, with Supreme Court Justice Sandra Day O'Connor openly questioning the death penalty.

Clearly, the good Democrat, Pat Kincaid, is grasping at straws as she, and her fellow Democrat, Ed Rendell, now chair of the national Democratic Party and formerly the district attorney who framed Mumia Abu-Jamal, have no case. They are too busy perpetrating racism. Pat Kincaid also loves to promote David Horowitz who is using the issue of reparations to the black community for a fascist, racist attack on the black community. The black community is solidly in support of Mumia Abu-Jamal, and the more the Democrats attack Mumia, the more votes they will lose. The sooner the black community stops voting for the Democrats, the better, and in fact, a significant percentage of eligible voters in the black community either vote for supporters of Mumia Abu-Jamal or do not vote at all. The Democratic Party is a racist, capitalist party, just like the Republican Party, and thus is incapable of representing the needs and interests of any workingclass community.

If you have had enough of the racist, death-penalty and prison-promoting Democratic Party, register now for Peace & Freedom Party, a party that is for labor, peace, the environment, gay rights, women's rights, all other civil rights, socialism and Mumia Abu-Jamal. We oppose the death penalty and prison construction. Just check "other" on your voter registration form and write in Peace & Freedom Party. For more information, see http://www.peaceandfreedom.org



by Pat Kincaid (laughter [at] aol.com)
Let's try to focus on the case at hand, not the 'Peace/Freedom/Whatever' party which seems to be your pet cause.

Have you even read Jamal's new briefs?

1)In it they acknowledge that a nurse on duty reported that she heard Jamal speak that night.

2)In it they make no reference to any abuse at the hands of the police.

Also, if Weinglass and Williams have committed an ethics breach, where is the charge?

If you don't think support for Jamal has really started to crumble since the Beverly 'confession', you are seriously deluded. Is it any wonder though, that as the appeals wind down, something like this would come out?

Here are 2 exceprts from the latest brief - let everyone judge their worth. (the full brief is available at http://www.mumia.org)

139. Arnold Beverley has now confessed not just once, but on at least three separate occasions that he was the person who shot and killed Police Officer Faulkner, and these confessions have been corroborated by a lie detector test. Arnold Beverley states that he was hired, with another man, to shoot Police Officer Faulkner on behalf of organized crime and corrupt police officers, because Police Officer Faulkner was interfering with the graft and payoffs which were being made to allow illegal activity including prostitution, gambling and drugs without prosecution in the center city area of Philadelphia. Arnold Beverly is equally adamant that the Petitioner did not even arrive on the scene until after he, Beverly, had shot Police Officer Faulkner and that the Petitioner was shot by another police officer who arrived on the scene.

167. One of the most glaring shortcomings in the original prosecution case is the absence of any remotely credible motive for the Petitioner to shoot Police Officer Faulkner. It is completely inconceivable that someone like the Petitioner, a rising star of American radio journalism and black politics with no previous convictions of any kind, should risk throwing away everything and destroying his whole life by an appalling act of this nature. The fact that his brother was being arrested by a police officer cannot possibly explain why the Petitioner should run across the road and "execute" this police officer in the way in which the prosecution allege. Even if, contrary to the prosecution case, Police Officer Faulkner was assaulting the Petitioner's brother, this cannot possibly explain why the Petitioner should behave in the way in which the prosecution contend that he did.

by Charlie's "Angels"
I'd like indymedia to rally to

F R E E C H A R L E S M A N S O N ! ! !

He is our leader, we have sworn a blood oath to him.

He is the anti-shmo, the grzioan of the hyuthp all over the poihusy dhytsjer.

Only when Charlie is free can peace be restored, and the earth will cool it too.

Forget Mumia, he is a pawn of the pigs. He is getting in the way of Charlie's liberation.

F R E E C H A R L E S M A N S O N ! ! !
F R E E C H A R L E S M A N S O N ! ! !
F R E E C H A R L E S M A N S O N ! ! !
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