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.
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
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