From: the defenestrator Sent: Wednesday, October 04, 2000 1:40 AM 2 Things: Ernst Ford, a dedicated activist who works closely with Friends and Family of Mumia Abu-Jamal and MOAPT (Mothers Organized Against Police Terror), was followed home from a Mumia demo and threatened by police. There's going to be a demonstration and march on the precint in his neighborhood in Kensington. This precint is the same one that Christopher DiPasquale, the officer who killed the unarmed Donta Dawson, works out of. 12 NOON, SATURDAY, OCTOBER 7TH CORNER OF KENSINGTON & ALLEGHENY Help is needed doing publicity and media work for this demonstration. Please call Ernst Ford, 215.426.3657 Also MOAPT (MOTHERS ORGANIZED AGAINST POLICE TERROR) is having a meeting this Thursday, October 5th, at 6:30 at the Friends Center to start preparing for the October 22nd National Day of Action Against Police Brutality. They're hoping to have a number of events the entire weekend of October 22nd. For more info call 267.979.4794 or 610.932.5798 Or email lorenzoella@brandywine.net or carolt300@hotmail.com ==================================================> ------------------------- Via Workers World News Service Reprinted from the Oct. 5, 2000 issue of Workers World newspaper ------------------------- PAM AFRICA CALLS FOR ACTION ON LEGAL BRIEFS By Betsey Piette Philadelphia An emergency meeting was held in Philadelphia Sept. 23 to bring Mumia Abu-Jamal's supporters up to date on recent developments in his legal case. On Aug. 7 Federal District Court Judge William H. Yohn Jr. denied four amicus curiae, or "friend of the court," briefs filed in support of Abu-Jamal. The decision was without legal precedent and of great significance, according to Pam Africa of International Concerned Family & Friends of Mumia Abu-Jamal. She said the briefs addressed legal issues crucial to Abu-Jamal's pending review for a new trial. Africa said that Yohn had not commented when two amicus briefs were filed earlier this year. One of the briefs was filed on behalf of the National Lawyers Guild, National Conference of Black Lawyers and other attorneys' groups. The other was issued jointly by the NAACP and the Pennsylvania American Civil Liberties Union. But it was a different matter when 22 members of British Parliament and the Los Angeles-based Chicana/Chicano Studies Foundation submitted two more briefs this summer. 'REVERSE MUMIA'S CONVICTION' The last two briefs cut straight to the court's denial of Abu-Jamal's right to self-representation in his 1982 trial, where he was sentenced to death for the killing of Philadelphia Police Officer Daniel Faulkner. Supporters of the award-winning journalist and former Black Panther say the racist Philadelphia Police Department framed him. The Chicana/Chicano Studies Foundation brief also presented evidence, previously unknown to Abu-Jamal and his supporters, of a conspiracy between court-appointed defense attorney Anthony Jackson, Judge Albert Sabo and Prosecutor Joseph McGill. The brief called for Abu-Jamal's conviction to be reversed. In refusing the briefs, Yohn said, "I will deny the petitions as unnecessary and unhelpful, without comment on the merits of the arguments raised or the merits of the petitioner's underlying claims." "He says he didn't look at them, even though these briefs suddenly seemed to require action," noted Marlene Kamish, an attorney for the Chicana/Chicano Studies Foundation, at the Sept. 23 meeting. "Yohn can't say he looked at a brief raising the issues of the denial of Mumia's right to self-representation and Jackson's conspiracy and say it wasn't important, and have this stand up," she explained. Kamish said several U.S. Supreme Court decisions had overturned convictions when the Sixth Amendment right of self-representation was violated. She went on to explain that an essential element of any trial is an adversarial relationship between the defense attorney and the prosecutor. "It's this conflict that is supposed to allow the truth to come out. When you don't have this, you don't have a trial." DEFENSE COLLABORATION CHARGED Kamish described transcripts of discussions between Jackson, Sabo and McGill in the judge's chambers, where they discussed how to get a conviction that would be protected from appeal. These transcripts were the basis of the Chicana/Chicano Studies Foundation brief. The transcripts also show that Jackson discussed Abu-Jamal's defense strategy with the prosecutor and the judge, in clear violation of attorney/client privilege, Kamish said. The court's refusal to allow Abu-Jamal to represent himself or to have John Africa as a lay advisor in the courtroom was addressed in the British Parliament members' brief. Kamish explained that five months before his own trial, then- reporter Abu-Jamal had seen MOVE Organization founder Africa effectively defend himself in federal court and walk out a free man. When he was in a battle for his own life, Abu- Jamal fought for the right to have someone he trusted sit with him to assist his defense. Sabo denied Abu-Jamal's request to have Africa's assistance. Instead he appointed Jackson to sit at the defendant's table and eventually let him take over the case, despite Abu- Jamal's repeated objections. "It's often said that the problem is that Jackson was ineffective," noted Pam Africa. "But actually he was very effective--only for the prosecution, not for the defense." Africa and Kamish said Jackson gave no opening statement on Abu-Jamal's behalf. He failed to subpoena key witnesses, including Police Officer Wakshul, whose testimony could have refuted the prosecution's phony "confession" story. He failed to present any character witnesses during the sentencing phase that resulted in the death sentence. CHARACTER WITNESSES The Chicana/Chicano Studies Foundation brief also presented compelling testimony from Abu-Jamal's 1995 Post Conviction Relief Appeal hearings. At that time the defense, now headed by renowned civil rights attorney Leonard Weinglass, presented several character witnesses, including late Pennsylvania State Representative David P. Richardson, whose testimony should have been grounds for a reversal of the death sentence. The witnesses all said they had been willing to testify in 1982, but Jackson never called on them. So credible was their testimony about Abu-Jamal's compassionate and non-violent nature that the district attorney in the appeals hearing conceded it was "not characteristic" of Abu-Jamal to have committed murder. Kamish explained that there are no grounds to seek the death penalty when the defendant has no prior conviction and is shown to have value to other people, relationships and ties in the community and a non-violent character. Sabo, who also presided over the 1995 appeal, "unreasonably and erroneously" ruled that the mitigation evidence at the PCRA hearing was "irrelevant," Kamish said, even though the prosecution conceded its relevance. In 1982 Sabo engineered a Black woman juror's removal with Jackson's and McGill's collaboration. That juror was the only one selected by Abu-Jamal during the two days when he was allowed to act as his own counsel. Sabo replaced the woman with a white male who became jury foreman, although the man admitted three times that he couldn't be impartial. When Jackson tried to exercise a peremptory challenge, Sabo denied it, saying, "I select him." Kamish said, "He had no right whatsoever to put this man on. Sabo stacked the jury." Africa and Kamish urged Abu-Jamal's supporters to read all four amicus briefs and the writ of habeas corpus presented by Weinglass. An appeal of Yohn's ruling is underway. The briefs are available on the Web site www.mumia2000.org, along with instructions on how to support the appeal effort. - END - (Copyleft Workers World Service: Everyone is permitted to copy and distribute verbatim copies of this document, but changing it is not allowed. For more information contact Workers World, 55 W. 17 St., NY, NY 10011; via e-mail: ww@workers.org. For subscription info send message to: info@workers.org. Web: http://www.workers.org) ==================================> From: C. Clark Kissinger Sent: Tuesday, October 03, 2000 5:44 PM On June 9, 1982, during the voir dire (the examination of prospective jurors), Mumia Abu-Jamal was suddenly and without good cause removed from conducting the examination for the defense. This was done at the request of the prosecution, and was the first step toward removing him as pro se counsel, and eventually expelling him from the courtroom entirely. The transcript of June 9 covering this shameful episode is now available at www.refuseandresist.org/mumia/100100voirdire.html. ==========================================> From: Dear Friends, In a unanimous vote on Tuesday evening, September 26th, the City Council of Harrisburg, Pennsylvania, joined Philadelphia, Pittsburgh, Erie, and Rouseville (Venango County) in calling for an immediate halt to executions in the state. The resolution was sponsored by Sandra Mosten, a board member for the Pennsylvania Prison Society. Once again, at the the local level, the people of Pennsylvania are making their concerns about the death penalty known. And once again, Governor Ridge has given his increasingly unconvincing and ludicrous response that "the death penalty still enjoys very strong support among the people of Pennsylvania." This is a time to celebrate yet another victory in the struggle to stop state-killing, but even more it is a time to continue to build the grassroots momentum that will eventually rid Pennsylvania of this racist and violent institution -- and, if need be, to rid our public offices of those who refuse to respect the will of the people and the demands of justice. What can you do? First, the Moratorium Committee of Pa. Abolitionists (which is open to all interested individuals) has developed a strategy to advance the moratorium over the next 6 months. By the end of 2000, we would like to see at least 10 municipalities in the state calling for a halt to executions -- there are already 5; your local council could be next. Copies of resolutions and local organizing resources are available from Pa. Abolitionists, as well as from Equal Justice USA, our colleagues at the national level (visit the information on the web at .) If you would like to discuss strategies for reaching your city council, please feel free to contact me at (215) 724-6120. To date, every Pennsylvania city council presented with a moratorium resolution has voted in favor of it -- WITH A VOTE OF 75% OR HIGHER! Second, we are supporting the Pennsylvania Prison Society in a significant event taking place on October 10th, in the State Capitol Building in Harrisburg. PPS is delivering petitions gathered from thousands of Pennsylvanians calling for a halt to executions and a comprehensive investigation into the use of the state's death penalty. "Speak Out Against the Death Penalty" will begin with a press conference at 10:00 a.m. in the Main Rotunda of the State Capitol. Following the press conference, there will be informational sessions in room 8-EA until 1:00 p.m. At 1:00 p.m. citizens are are encouraged to visit their legislators to encourage them to support the call for a moratorium. Participants who choose to remain for the Senate session beginning in the late afternoon can visibly support our moratorium bill sponsor, Senator Edward Helfrick as he officially delivers the petitions to the floor of the Senate. Join us for the day at the State's Capitol. For more information and to confirm attendance and participation, and to be listed among the participating individuals and organizations on publications, RSVP by Friday, October 4, 2000 to Kimberly Harrington at the Pennsylvania Prison Society by calling 215-564-6005 x110 Below, you can read the Patriot-News coverage of the Harrisburg City Council vote and view the text of their unanimously-passed resolution. Continue the struggle. Peace, Jeff Garis, Executive Director _____________________________________________ HARRISBURG PATRIOT NEWS COVERAGE OF HARRISBURG CITY COUNCIL RESOLUTION: SUSPEND EXECUTIONS, CITY SAYS COUNCIL JOINS CALLS FOR CLOSER LOOK AT FAIRNESS OF DEATH PENALTY By Jack Sherzer OF THE PATRIOT-NEWS Harrisburg City Council has joined several other municipalities across Pennsylvania in asking the state to suspend the death penalty until its fairness can be examined. Councilwoman Sandra K. Mosten, who also sits on the board of the Pennsylvania Prison Society, introduced the resolution, which was adopted Tuesday. "Once you kill someone, it's over," Mosten said. "I just think we need to do a better job in (ensuring it is) fair, just and equal." Resolutions calling for the state to take another look at how capital punishment is applied have already been adopted by city councils in Pittsburgh, Erie and Philadelphia. Earlier this year, the society also began a drive to collect signatures on anti-death penalty petitions, which spurred the four city council resolutions. They plan to deliver the petitions to death-penalty foe state Sen. Edward W. Helfrick, R-Northumberland, on Oct. 10 as part of a public-awareness event. In June, the Prison Society had called for the state to re-examine its use of the death penalty and Gov. Tom Ridge, who at that time was still being considered as a running mate for pro-death penalty George W. Bush, said he did not favor a study. Groups in Pennsylvania and across the country have been raising questions about the use of the death penalty - especially in how it is meted out to minorities. Some of those questions also have revolved around the price of justice and whether those who can afford good legal representation are spared from capital punishment while those forced to use court-appointed attorneys are not. Bolstering the criticism of how capital punishment is handled was a U.S. Justice Department study of the federal death penalty released earlier this month and a previously released Columbia Law School review of cases at the state level. Among its findings, the Justice Department study, which looked at cases between 1995 through July, said that in 74 percent of the cases U.S. attorneys sought the death penalty for minorities, as opposed to 26 percent of the time for whites. The numbers did show, however, that the percentages reflected the racial percentages of the pool of defendants charged with capital crimes. The Columbia Law School survey of death-penalty cases nationwide between 1973 and 1995 found that courts found "serious, reversible error" in nearly seven out of every 10 cases, or 68 percent. And after state judges tossed 47 percent of the death cases for serious flaws, federal judges axed a remaining 40 percent, the study found. After the Justice Department review, U.S. Attorney Janet Reno asked U.S. attorneys in the various federal districts to submit more information about the cases they recommended for capital punishment. Reno, who personally reviews and signs off on all prosecutor requests to seek the federal death penalty, said she is also seeking proposals from experts to do a further review on whether racial bias is playing a role in the system. In Pennsylvania, where 233 inmates are on death row, blacks outnumber whites two-to-one. While bills supporting either a moratorium on the death penalty or a study of its application sponsored by Helfrick failed to win support, the Legislature is considering two bills aimed at making the system more fair. Sen. Stuart J. Greenleaf, R-Montgomery, and chair of the Senate's Judiciary Committee, has introduced bills to make DNA testing more available to death-row inmates and lifers and also to establish a resource center to give more training and support for defense attorneys in capital cases. The DNA legislation is expected to pass this year. Ridge spokesman Tim Reeves said the governor remains opposed to a moratorium and a study because he does not feel that credible evidence has shown problems with how Pennsylvania handles cases. It could be argued, Reeves said, that the appellate courts are too lenient because the only executions that have been carried out have been on three inmates who voluntarily ended their appeals. And, he said, when the courts overturn a death sentence, that is further proof that the system is working. "The death penalty still enjoys very strong support among the people of Pennsylvania, that's why it is still the law and the opponents of the death penalty have been unable to convince their fellow Pennsylvanians to change their view," Reeves said. "(Death penalty opponents) are trying to accomplish through studies and court appeals what they haven't been able to accomplish through democracy," he said. Thursday, September 28, 2000 © 2000 The Patriot-News. _________________________________________________________ RESOLUTION PASSED BY HARRISBURG CITY COUNCIL, SEPTEMBER 26, 2000: Introduced by Councilwoman Sandra Mosten and approved by all 5 Council members present. WHEREAS, the death penalty is an extreme, irreversible act of violent punishment carried out by the representatives of our government; and WHEREAS, The American Bar Association, the Pennsylvania Bar Association, and the Philadelphia Bar Association have all called for a moratorium on the death penalty; and WHEREAS, every nation in Europe and the vast majority of democratic nations of the world have abolished the death penalty and now the United Nations Human Rights Commission has called for an international moratorium on executions; and WHEREAS, more than 90% of the people on Pennsylvania's death row are indigent and cannot afford private counsel. The quality of counsel for the poor in Pennsylvania capital cases has been characterized as a "problem of major proportions" by a joint task force of Pennsylvania State & Federal courts; and WHEREAS, almost 70% of the inmates on Pennsylvania's death row are people of color, giving Pennsylvania one of the highest percentages for people of color on death row in the nation; and NOW THEREFORE BE AND IT IS HEREBY RESOLVED that the City Council of Harrisburg calls on the Pennsylvania legislature to enact legislation which results in a two-year moratorium on executions and the signing of death warrants in the Commonwealth of Pennsylvania. We call for a moratorium to remain in place until the legal, political, racial, economic, moral, and ethical problems surrounding the death penalty are fully resolved and the policy of State execution can be certified as a legal, just and humane form of capital punishment. BE IT FURTHER RESOLVED that copies of this resolution shall be forwarded to the members of the Pennsylvania legislature in Harrisburg, Pennsylvania **************************************************************************** * PENNSYLVANIA ABOLITIONISTS United Against the Death Penalty P.O. Box 58128, Philadelphia, PA 19102 Phone: 215-724-6120 Fax: 215-729-6189 **************************************************************************** * From: epicalc@aol.com Dear Friends Saturday, October 7th You are invited to gather at the San Francisco Opera House On the Opening Night of "Dead Man Walking" for a Silent, Candlelight Vigil calling for an End to the Death Penalty Please gather at 9:45 to 10:00 pm to prepare for the vigil Vigil from 10:15 to 10:45 We will greet those who has attended the Opening Night with a silent witness and memorial to the twelve people who have died in California and the 570 people who remain on Death Row in California as well as those who have been victims of violence. We will stand in silence and the people exiting the opera will be offered an opportunity to sign the Moratorium 2000 call. The Social Justice Coordinators of the Northern California chapter of the Leadership Conference of Women Religious, the Buddhist Peace Fellowship, the American Friends Service Committee, California People of Faith against the Death Penalty, the Northern California Interreligious Conference and the Ecumenical Peace Institute, as well as several congregations have been invited to attend. Please bring candles and wear Religious symbols as appropriate. The SF Opera House is located on Van Ness Boulevard, at the corner of Grove Street, across from City Hall. It is accessible by several Muni lines. The BART stop is Civic Center. Walk 2 blocks up Grove. For more information: Call Juliet Spohn Twomey at 415-592-2726 or email jtwomey@stanthonysf.org. ________________________________________________________ Juliet Spohn-Twomey Justice Education/Advocacy St. Anthony Foundation (note new phone and email: jtwomey@stanthonysf.org) Phone: (415)592-2726 Fax: (415)252-1635 _________________________________________ #1 - Free Earl Washington! THIS ACTION IS FROM VIRGINIANS FOR ALTERNATIVES TO THE DEATH PENALTY On Monday, 25 September 2000, Congressman Bobby Scott of Virginia held a press conference in Richmond highlighting the need for the Federal Innocence Protection Act and highlighting the case of former Virginia Death Row prisoner Earl Washington, who after 3 months is still waiting for DNA testing results from the Governor's office. You can read all about Earl's case by going to the News and Updates page at , as well as accessing the recent articles written on the case. At this point Earl's defense team is requesting that we turn up public outrage over how long it is taking to make these results public. Especially, after it took 2 days recently to test DNA in the Barnabei case. You can do this by writing letters to the Editor of your local newspaper or contacting the Governor at . Please also contact your state legislators about this matter. The point of your letters should be your outrage over why the Governor is taking so long to release the results of the testing which apparently has been completed. #2 - IPA THIS ACTION IS FROM THE FRIENDS COMMITTEE ON NATIONAL LEGISLATION (we changed it a little bit) (from FCNL's 9/21/00 Legislative Action Message) FEDERAL DEATH PENALTY MORATORIUM ACT: Two weeks ago (Sept. 14), Sens. Feingold (WI), Boxer (CA) and Wellstone (MN) introduced S. 3048, a bill which would immediately suspend federal executions in the U.S. while a commission reviews the administration of the federal death penalty. The moratorium would bar the execution of individuals sentenced under federal statutes. The first federal execution since 1963 was scheduled to take place in August, but was postponed so that Juan Raul Garza could make use of new clemency procedures. Mr. Garza's execution was recently rescheduled for December 12, 2000. Another inmate on federal death row, David Paul Hammer, has been scheduled to be killed on Nov. 15. The introduction of the Federal Death Penalty Moratorium Act followed the release by the Department of Justice of its "Survey of the Federal Death Penalty." The survey found evidence of racial and geographic disparities in the application of the federal death penalty. (You can access this report at http://www.usdoj.gov/dag/pubdoc/dpsurvey.html or by following the link on FCNL's website at http://www.fcnl.org/issues/cri/deaindx.htm ) In addition to S. 3048, two other bills now pending in the Senate would call for a halt to executions. S.1917 would completely abolish the federal death penalty. S. 2463 would impose a NATIONAL moratorium on executions while a national commission reviews the administration of the death penalty. The moratorium would bar execution of individuals sentenced under either state OR federal statutes. Currently 38 states have death penalty statutes on the books. FCNL seeks abolition of the death penalty. We believe that the death penalty denies the sacredness of human life and the capacity of people to change. (CUADP also seeks total abolition, recognizing that the death penalty is nothing if not BAD PUBLIC POLICY.) This irreversible penalty cannot be applied equitably and without error, and it is currently applied in a racially-disparate manner. As we work towards abolition, FCNL and CUADP support the effort to impose a moratorium on the death penalty at both the federal and the state level. ACTION: Please urge your senators to co-sponsor all three bills: S. 3048, the Federal Death Penalty Moratorium Act; S. 1917, the Federal Death Penalty Abolition Act; and S. 2463, the National Death Penalty Moratorium Act. Make letter-writing easier! Click on http://congress.nw.dc.us/cgi-bin/issue.pl?dir=fconl&command=bills and select a bill. Find out if your senators have already co-sponsored these bills. Use our sample messages either to thank senators for their co-sponsorship or to urge them to take action. ******* ALSO - be ready for special actions regarding the upcoming first federal execution! POSTED BY: Abraham J. Bonowitz Director, CUADP ******************************************************** YES FRIENDS! There is an Alternative to the Death Penalty Citizens United for Alternatives to the Death Penalty (CUADP) works to end the death penalty in the United States through aggressive campaigns of public education and the promotion of tactical grassroots activism. Visit or call 800-973-6548 ******************************************************** International Concerned Family & Friends of MAJ P.O. Box 19709, Philadelphia, PA 19143 Phone - 215-476-8812/ Fax - 215-476-6160/ E-mail - icffmaj@aol.com To communicate directly w/Mumia please write to him at: Mumia Abu-Jamal AM 8335 SCI-Greene 175 Progress Drive Waynesburg, PA 15370 Stop the execution! New trial for Mumia! Youth & Students for Mumia http://www.mumia2000.org