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Legal battle to free Mumia continues

Published Dec 22, 2008 4:38 PM

The following Dec. 15 legal update was provided by Robert R. Bryan, lead counsel for U.S. death row political prisoner Mumia Abu-Jamal.

Mumia Abu-Jamal remains on Pennsylvania’s death row. Dec. 6 marked the 27th anniversary of his unjust imprisonment. Racism, fraud and politics have been threads that have run throughout the case since its inception, and continue today.

Extensive litigation is occurring on two fronts before the United States Supreme Court. The prosecution is continuing its quest for Mumia’s execution. In a separate case before the court, we seek an entirely new trial and Mumia’s freedom. We are convinced that we can win if the case can just get back before a jury.

The petition for writ of certiorari will be filed on Dec. 19. The issues concern the prosecution’s use of racism in jury selection. Relief was denied last spring by a sharply divided federal court.

This is of great constitutional significance as reflected by the extraordinary dissenting opinion of Justice Thomas L. Ambro. He reaffirmed the bedrock principle that everyone is entitled to a fair and impartial trial by a jury of his or her peers, and that excluding even a single person from a jury because of race violates the equal protection clause of the U.S. Constitution’s fourteenth amendment.

On Nov. 14, the Philadelphia District Attorney filed a petition with the U.S. Supreme Court seeking to overturn the victory we achieved earlier this year in the U.S. Court of Appeals for the Third Circuit. In that ruling, the court ordered a new jury trial on the question of the death penalty. Our opposition brief is scheduled to be filed on Jan. 21.

This is a life and death struggle to save Mumia. He is in greater danger than at any time since being arrested. Your support and activism are needed. That Mumia remains in prison and on death row is an affront to basic human rights. We must aggressively continue this struggle until he is free.

The legal defense for Mumia needs substantial funds. The legal costs for our litigation in the Supreme Court are considerable and will likely reach six figures. To help, please make your checks payable to the “National Lawyers Guild Foundation” (indicate “Mumia” on the bottom left). The donations are tax deductible, and should be mailed to Committee To Save Mumia Abu-Jamal, P.O. Box 2012, New York, NY 10159-2012.