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Mumia Emergency: 5/17 Oral arguments, Philadelphia's 3rd Circuit; SF Organizing Meeting 3/

by Mobilization to Free Mumia
3/31 - Organizing Meeting - SF
4/15 - Hip Hop for Mumia - NYC
4/21 - Writers for Mumia - NYC
4/24 - Rally - Mumia's Birthday - Philadelphia
**5/17** Oral arguments - 3rd Circuit Court of Appeals - Philadelphia
Please Distribute Widely!

Dear Friends of Mumia Abu-Jamal,

The letter below from Attorney Robert Bryan indicates that oral
arguments have been set for May 17, 2007 for Mumia Abu-Jamal's case.
We have been waiting for this moment for over a year. There will be a
mass mobilization in Philadelphia - details TBA (for now, see other
important dates in NY and PA below). We are planning events in
northern California in solidarity with MUMIA and need your help.

Organizing Meeting:

Sat, 3/31, 10:30 am
298 Valencia St. (at 14th St., near 16th St. Bart Station)
San Francisco, CA
415-255-1085

Please join us as we plan future events including a celebration of
Mumia's 53rd birthday, April 24th.

!!FREE MUMIA!!


In solidarity,

Jeff Mackler and Laura Herrera
Co-Coordinators
The Mobilization to Free Mumia Abu-Jamal
San Francisco, CA
415-255-1085
The freemumia.org website will be available on Saturday night, 3/24
(very sorry for temporary tech problem)


[Note: "help 'em fry the ni - - er" is misspelled only to avoid email
profanity filters that would prevent this message from reaching some
recipients if the text were to be copied for email distribution]


---------------------------------------------------------------------------------------


March 22, 2007
Legal Update

Re: Mumia Abu-Jamal v. Martin Horn, Pennsylvania Director of Corrections
U.S. Court of Appeals Nos. 0 1-90 14,02-900 1 (death penalty)

Dear Friends:

Today notification was received that oral argument in the case of my
client, Mumia Abu-Jamal, is scheduled on Thursday, May 17, 9:30 am,
in the U.S. Court of Appeals for the Third Circuit, Ceremonial
Courtroom, 1" Floor, U.S. Courthouse, 6"' and Market Streets,
Philadelphia. The NAACP Legal Defense and Educational Fund, Inc., and
the National Lawyers Guild, which have filed amicus curiae (friend of
the court) briefs, are also participating.

This case concerns Mr. Abu-Jamal's right to a fair trial, the
struggle against the death penalty, and the political repression of
an outspoken journalist. Racism and politics are threads that have
run through this case since his 1981 arrest. The complex issues under
consideration, which are of great constitutional significance,
include:

Whether Mr. Abu-Jamal was denied the right to due process of law and
a fair trial under the Fifth, Sixth and Fourteenth Amendments because
of the prosecutor's "appeal-after-appeal" argument which encouraged
the jury to disregard the presumption of innocence and reasonable
doubt, and err on the side of guilt.

Whether the prosecution's use of peremptory challenges to exclude
African Americans from sitting on the jury violated Mr. Abu-Jamal's
rights to due process and equal protection of the law under the Sixth
and Fourteenth Amendments, and contravened Batson v. Kentucky, 476
U.S. 79 (1986).

Whether the jury instructions and verdict form that resulted in the
death penalty deprived Mr. Abu- Jamal of rights guaranteed by the
Eight and Fourteenth Amendments to due process of law, equal
protection of the law, and not to be subjected to cruel and unusual
punishment, and violated Mills v. Maryland, 486 U.S. 367 (1988),
since the judge precluded the jurors from considering any mitigating
evidence unless they all agreed on the existence of a particular
circumstance.

Whether Mr. Abu-Jamal was denied due process and equal protection of
the law under the Sixth and Fourteenth Amendments during
post-conviction hearings as the result of the bias and racism of
Judge Albert F. Sabo which included the comment that he was "going to
help'em fry the ni - - er".

Recently the Philadelphia District Attorney's Office sent a letter to
the court suggesting that the entire Third Circuit should disqualify
itself from deciding the case of my client. We filed a reply strongly
objecting to this absurd request, explaining that the position of
opposing counsel was "utterly unfounded and should be rejected." On
March 10 the court rebuked the prosecution, advising that it had
failed to follow proper procedure and thus no action would be taken.

Professor Judith L. Ritter, associate counsel, and I are in this case
to win a new and fair trial for Mr. Abu-Jamal. The goal is for our
client to be free. Nevertheless, he remains in great danger. If all
is lost, he will be executed. Your interest in this struggle for
human rights and against the death penalty is appreciated.

Yours very truly,
Robert R. Bryan
Lead counsel for Mumia Abu-Jamal


---------------------------------------------------------------------------------------
---------------------------------------------------------------------------------------

From: International Concerned Family and Friends of Mumia Abu-Jamal

From: icffmaj [at] aol.com
Date: Fri, 16 Mar 2007 15:02:46 -0400
Subject: [icffmaj] Events/Actions for Mumia in Philly & NYC

Ona MOVE!

There is a lot happening for Mumia! We need your help! Publicize
and attend the following events. Take action for our brother's life!

1. Writers for Mumia Celebrating upcoming Birthday, NYC
2. FOP Attacks Donald Payne
3. Sign onto letter to John Conyers
4. Hip Hop for Mumia! April 15, NYC
5. April 24 be in Philly or organize where you are!


1. WRITERS FOR MUMIA CELEBRATING UPCOMING BIRTHDAY
The New York Chapter of the National Writers Union has issued a call,
WRITERS FOR MUMIA, in preparing to host a birthday celebration for
renown journalist and political prisoner Mumia Abu-Jamal. The event
is scheduled to take place on Saturday, April 21 (details to follow).

All poets, fiction and non-fiction writers interested in
participating should contact Susan E. Davis (sednyc [at] earthlink.net) or
Louis Reyes Rivera (Louisreyesrivera [at] aol.com). There'll be a
ten-minute restriction on speakers.

**************************************************************

2. The FOP Attacks Donald Payne, one of the 31 representatives who
opposed the House Resolution condemning the naming of "Rue Mumia" in
Saint-Denis, France

The Fraternal Order Of Polive (FOP), having successfully intimidated
Chaka Fattah, is now going after Donald Payne, former chair of the
Congresssional Black Caucus, signer of the 1995 Fattah pro-Mumia
letter, a clear ally in the past, and having recently been one of the
courageous 31 who opposed the House Resolution condemning
Saint-Denis. See below for the details of this campaign in the form
of the FOP press release.

Call Congressman Payne's office, write, fax, etc. to express your
support. Details will be forthcoming. This is the government/FOP
terrorism. Note how the FOP describes its power to intimidate those
who might even consider opposing them.

Please call, fax, or e-mail Congressman Donald Payne of New Jersey,
to thank him for his principled "no" vote re the December 6th vote to
condemn Saint-Denis for naming a street in honor of Mumia Abu-Jamal.
Urge him to stay strong in the face of the FOP attempts to punish and
intimidate him.

ATTENTION NEW JERSEY RESIDENTS, PARTICULARLY IN PAYNE'S CONGRESSIONAL
DISTRICT: YOUR SUPPORT IS PARTICULARLY IMPORTANT.

Donald Payne's contact info:
phone: (202) 225-3436
fax: (202)- 4160

Long live the people's resistance! We will not be intimidated by
these cowardly, fascistic, organizations and individuals that pretend
to be defenders of "safety". They are violent defenders of the
war-making, prison-building, torturing, and killing that violates
international law and all standards of justice but which they try to
pass off as "law enforcement".

Suzanne Ross, for the Free Mumia Abu-Jamal Coalition
---------------------

FOP PRESS RELEASE

POLICE OFFICERS DEMAND PAYNE BE DROPPED FROM ST. PATRICK'S DAY

HONORTRENTON, NJ

The Fraternal Order of Police * New Jersey State Lodge has asked
organizers of Newark's St. Patrick's Day parade to reverse their
decision to dedicate this year's parade to U.S. Congressman Donald M.
Payne.

The police organization made its request by letter to Kevin P. Frey,
general chairman of the St. Patrick's Day Parade
Committee."Congressman Payne does not deserve this honor," said FOPNJ
president Edward R. Brannigan. "His disrespect for police officers
and apparent sympathy for a convicted cop killer is repugnant and
undeserving of any honor."

On December 6, 2006 the U.S. House of Representatives voted to
condemn a decision by St. Denis, France to rename a street in honor
of Mumia Abu-Jamal. Known at the time as Wesley Cook, Abu-Jamal was
convicted of murdering 25-year-old Philadelphia Police Officer Daniel
Faulkner on December 9, 1981.The House resolution condemning the
street renaming passed by an overwhelming 368-31 vote. Payne was one
of the 31 House members to vote against the resolution."Congressman
Payne's vote against condemning an honor for a convicted cop killer
is a slap in the face of every law enforcement officer and the family
of Daniel Faulkner," said Brannigan, a retired Newark police officer
and Grand Marshal of the city's 2004 St. Patrick's Day Parade.
"Newark's St. Patrick's Day Parade Committee should reverse its
decision to honor Payne, or risk sullying it's own reputation by
disrespecting Officer Faulkner's sacrifice."

The Fraternal Order of Police is the world's largest organization of
sworn law enforcement officers, with more than 318,000 members in
more than 2,100 lodges. The FOP is the voice of those who dedicate
their lives to protecting and serving our communities. It is
committed to improving the working conditions of law enforcement
officers and the safety of those we serve through education,
legislation, information, community involvement, and employee
representation.

CONTACT: Ernest Landante, Jr., Novita, 609-989-1000
------------------------


Free Mumia Abu-Jamal Coalition (NYC) * info [at] freemumia.com * (212) 330-8029

**************************************************************

3.TO SIGN ON TO THIS LETTER, SEND YOUR NAME AND ORGANIZATION TO:
<mailto:mark.taylor [at] ptsem.edu>mark.taylor [at] ptsem.edu

An Open Letter To John Conyers, Jr.
Chair, House Committee on the Judiciary, U.S. House of Representatives

1. We the undersigned demand that you initiate formal
hearings and inquiry to reconsider House Resolution 1082 (December 6,
2006) that condemned the city of St-Denis, France, for naming a
street in honor of Mumia Abu-Jamal, and also called upon France's
national government to take action against St-Denis.

2. We denounce the Resolution's intervention into
St-Denis' municipal affairs and into those of a foreign sovereign
nation. We would not expect the U.S. government to take action
against one of its own cities because a foreign legislative body
disagrees with a decision made by a U.S. city, and it is outrageous
for a U.S. legislative body to now call for French governmental
action against St-Denis. We commend the 31 House members who voted
against such an unacceptable resolution.

3. We reaffirm what was clear from St-Denis's inaugural
act for creating "Mumia Abu-Jamal Street:" its intention to express
opposition to the death penalty world wide, and appreciation for
Abu-Jamal's exemplary advocacy for justice. We applaud St. Denis for
its vision and courage in highlighting Abu-Jamal's struggle.
4. We protest the haste of the Resolution, a condemnation
of St-Denis that was rushed through the House of Representatives in
the last three days of the previous, 109th Congress, and under a
suspension of rules without benefit of a single hearing or of any of
the usual considerations by the House Committee on the Judiciary.

5. We disapprove of the Resolution's interjection of
legislative powers into a judicial matter that is still alive and
pending before a court of law. H.R. 1082 conveniently hides this
fact, being silent about four crucial claims in Abu-Jamal's case that
are now being considered by the U.S. Court of Appeals for the Third
Circuit.

6. We object to the Resolution's false claim that
Abu-Jamal was tried by "a jury of his peers." The truth is that this
very issue was accepted as a ground for appeal of his conviction by
the Third Circuit. In fact, Abu-Jamal's jury was purged of 11
qualified African-American jurors by the prosecutor's
unconstitutional use of peremptory challenges, leaving only 2 African
Americans among the 12 who decided on his case and his sentence in a
city that is 44% African American.

7. We find scandalous that the language of the Resolution
has such careless disregard for the facts that it invents new
inflammatory rhetoric about the case, claiming wrongly, for example,
that Abu-Jamal "struck Officer Faulkner four times in the back with
his gun," a point not even made by the prosecutors at the original
trial.

8. We register our grievance that this Resolution was
passed over your vote and spurns past actions of support by the
Congressional Black Caucus (CBC) and the National Black Caucus of
State Legislators (NBCSL). In 1999, the CBC claimed that in
Abu-Jamal's case "treatment of evidence and application of justice
had been arbitrary and inconsistent," and a 2004 resolution of the
NBCSL joined with organizations the world over to call for a new
trial and his release from prison.

9. We deplore how this hastily-enacted resolution
entangles the U.S. Congress in making Abu-Jamal more vulnerable to a
hasty execution. The rush to judgment and execution leaves numerous
issues insufficiently addressed by the courts, even by the
Pennsylvania Supreme Court, whose comprehensive rulings against
Abu-Jamal, according to a meticulous study by Amnesty International
in 2000, were sullied by the connections of at least five of the
Pennsylvania justices to the Fraternal Order of Police that still
campaigns openly for his execution. One of the justices ruling
against Abu-Jamal, Ron Castille, did not recuse himself, even though
he was a former Philadelphia D.A. who had previously filed briefs
against Abu-Jamal. Among the issues still awaiting adequate and full
airing are these: (a) the failure of police to do basic investigative
acts like ballistics checks, fingerprinting, and securing of the
crime scene; (b) the bribing, exclusion or intimidation of important
witnesses against Abu-Jamal; (c) prosecutors' intentional efforts to
prevent African Americans serving on Abu-Jamal's jury; (d) the
existing and mounting evidence that yet another man was in the car
stopped by Officer Faulkner on the night of his killing and that
Faulkner had this other man's driver's license in his pocket; (e) a
court stenographer's affidavit that she heard the original trial
judge, Albert Sabo, say about Abu-Jamal's case, "Yeah, and I'm going
to help them fry the ni - - er"; (f) the fact that the original
prosecutor, Joseph McGill, has been quoted as saying in the
Philadelphia Inquirer that Abu-Jamal "could have been convicted of a
lesser offense" had he waged "a true defense."

10. We renounce the Resolution's false claim that
honoring Abu-Jamal with a street name in St-Denis is an affront to
law enforcement. On the contrary, St-Denis' action guards the
integrity of law and justice, and even the legacy of Officer Daniel
Faulkner, by insisting that all claims about violations of
Abu-Jamal's due process and Constitutional rights be investigated and
aired fully in courts of law.

THEREFORE, we reaffirm our demand that the House
Committee on the Judiciary begin a formal hearing to reconsider the
egregious misstep of H.R. 1082, which was passed so hastily by the
109th Congress. The formal inquiry would have the following purposes:
(1) to allow all sides, especially representatives from St-Denis,
France, to be present and give expression to their views before
Congress, and (2) to allow Congress to find an appropriate voice on
the matter of Abu-Jamal's case - a voice that respects House
legislative processes that are free of hasty decision-making, a voice
that does not interject itself into the active legal case of
Abu-Jamal, and a voice that would respect the sovereign matters of
another nation's city.

Pam Africa, International Concerned Family and Friends of Mumia Abu-Jamal
Suzanne Ross, Free Mumia Coalition (NYC)
Mark L. Taylor, Educators for Mumia Abu-Jamal
Julia Wright, CO

**************************************************************

4. Hip Hop for Mumia!

Join us Sunday, April 15, 8 pm at the Remote Lounge for a Fundraiser for Mumia!
Featuring:
C Rayz Walz
Immesiah Soul
Queen Godis
A-Alikes
Pat-riot
Seeds of Wisdom!

The Remote Lounge 327 Bowery St (Between 3rd St. and E. 2nd St), NYC
$12, all funds go to International Concerned Family and Friends of
Mumia Abu Jamal
Spread the word!

http://mumia.org

**************************************************************

5. April 24 -- Be in Philly! Save the date!
We will be at the Clef Club, 738 S. Broad St., Philadelphia, PA.
If you can't be in Philly, organize where you are!

Join:
Ron Hampton, of the National Association of Black Police Officers;
Danny Glover, acclaimed actor and activist;
Sonia Sanchez, reknowned poet and revolutionary;
Linn Washington, award-winning journalist and professor;
Harold Wilson, recently exonerated 18 year death row resident;
Ramona Africa, MOVE member and May 13, 1985 survivor!

View "Framing of an Execution," Learn where Mumia's case is at and
what we can all do to bring him home!

http://mumia.org
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