MUMIA'S FIGHT FOR MEDICAL TREATMENT
Path to Mumia's Freedom
New Legal Action is a Path to
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February 27, 2018
For over three decades thousands of organizations and hundreds of thousands of individuals around the globe have mobilized to save Mumia Abu-Jamal from execution, to overturn his conviction, to demand his freedom. Without these international mobilizations, crucially including the organized labor movement, we would not have saved Mumia from two warrants of execution and compelled the state to concede defeat in trying to execute him. Mumia is now off death row and out of solitary confinement in prison general population. Mumia remains on “slow death row,” life imprisonment without parole. During the past two years an international campaign of call-ins, protests at the prison and at the Pa. Department of Corrections (DOC), and letters including labor resolutions won medical treatment for his hepatitis-C. Medical malfeasance has left Mumia with cirrhosis of the liver and the secondary symptoms of his decades-long hepatitis-C, including a painful skin condition. Quality medical care in prison is an oxymoron. Now, unfolding in the Philadelphia Court of Common Pleas is the latest legal battle for Mumia’s freedom. It is a constitutional challenge to his conviction, pursuant to a precedent-setting U.S. Supreme Court case, Williams v. Pennsylvania (2016), based on the due process right to an impartial appeal process which is violated if a prosecutor who had a significant personal involvement is later a judge in the same case. The prosecutor who aggressively fought and prevailed in getting the Pennsylvania Supreme Court to uphold Mumia’s conviction and death sentence in 1989 and to prevent the U.S. Supreme Court from considering Mumia’s case was District Attorney Ronald D. Castille. Then as a justice in the Pa. Supreme Court, Castille participated in the Pa. Supreme Court’s deliberations, agreed with the arguments he had made as District Attorney (DA), and denied those and numerous new legal challenges made in Mumia’s appeals from 1998-2012. If Mumia wins this court action the Pennsylvania state court appeal denials from 1998-2012 upholding his conviction are vacated and appeal rights restored; his conviction is open to be reversed in new appeals. This is now the legal path to Mumia’s freedom. All last year the District Attorney’s Office (DAO) insisted documents evidencing DA Castille’s personal involvement in Mumia Abu-Jamal’s appeal process and death sentence did not exist. Since January 2, 2018 Mumia’s case and fourteen other similar cases have been in the hands of District Attorney Larry Krasner, newly elected on a “progressive program.” Notably, retired Justice Castille was appointed to DA Krasner’s post-election advisory board. In court on January 17 and again on February 26 Krasner’s DAO continued the stonewalling. The DAO requested time for “further investigation” and “to “formulate an office policy for their approach to these cases.” At the conclusion of the court hearing on February 26, 2018 Judge Leon Tucker once again ordered the DAO to produce a critical document and curtailed the requested time for the next court proceedings. Another status report conference is set for March 27, 2017. A full court hearing will be April 30, 2018. In fact, Judge Tucker already has in his hands—released from the DAO files—the evidence that District Attorney Castille was pushing to ensure that capital cases, including Mumia Abu-Jamal’s, were expedited and that death warrants signed by the governor. This is the proof required under Williams v. Pa. April 30, 2018 is set to be decisive point in Mumia’s legal fight for his freedom. An international campaign is being re-ignited to free Mumia. To win this legal action and the victory of Mumia’s freedom the activity of the recent months must grow and deepen, making it clear that we will not rest until Mumia walks out of prison a free man. The San Francisco Labor Council (SFLC), comprised of 150 unions, with more than 100,000 union members and family, unanimously adopted a “Resolution to Free Mumia Abu-Jamal” on February 12, 2018. It is powerful support, stating that Mumia’s new legal action “is an opening toward Mumia’s freedom that again requires a massive campaign of workers’ organizations worldwide.” The SFLC follows International Longshore and Warehouse Union (ILWU) Local 10 and the actions of Doro-Chiba (Japanese Railway Workers Union); the International Dockworkers Council, an association of 100,000 dockworkers over the world; the National Union of Metalworkers of South Africa, the largest trade union in South Africa; the Maritime Union of Australia (Queensland), UNITE, the largest union in Great Britain with 1.4 million members; Oakland Educators Association, United Steelworkers, Local 8751, School Bus Drivers Union (Boston) and others in calling for Mumia’s freedom. The International Offensive to Free Mumia Abu-Jamal is underway in coordination with a demonstration in Philadelphia on April 30. This follows the outpouring of international solidarity toward Mumia shown by over 500 organizations and individuals from every continent except Antarctica who responded to the December 9, 2017 International Call to Release the District Attorney and Police Files Relevant to Mumia Abu-Jamal’s Case and to Free Him (International Call). Signatories included long-time advocates for Mumia—Archbishop Desmond Tutu, Angela Davis, Edward Asner, Danny Glover, Dr. Cornel West, Alice Walker, Chris Hedges, and Tariq Ali. The International Call was initiated by Mireille Fanon- Mendes-France, President, Franz Fanon Foundation and Dr. Suzanne Ross, International Spokesperson for International Concerned Family and Friends of Mumia Abu-Jamal (ICFFMAJ). Fighting and winning Mumia’s freedom is not the struggle for just one man. Using his voice and pen, having written eight books and recorded over 3000 commentaries, Mumia Abu-Jamal inspires and educates millions around the globe who identify with his fight against “the system” and for justice for all humanity. Mumia: “Fighting to Create Revolution” In a 1989 interview on death row Mumia stated he is “fighting to create revolution in America. Revolution means total change.” Mumia continues to be steadfast in his political views. He has not been intimidated into silence despite the decades on death row or now serving life imprisonment without parole. Mumia continues opposition to the policies of the American imperialist state, at home and abroad: the political repression, racial oppression and class exploitation, imperialist war and colonial depredations. To the American capitalist state, governed through both the Democratic and Republican parties, Mumia represents the specter of black revolt, of defiant opposition to their system of racist oppression. All elements of the criminal injustice system, with the Fraternal Order of Police (FOP) in the forefront, colluded to kill this innocent man and have never stopped in their attempts to silence him. Mumia Abu-Jamal is in his 37th year of imprisonment, innocent and framed for a murder he did not commit and sentenced to death for being a former spokesman for the Black Panther Party, a MOVE supporter and a radical journalist, known as the “voice of the voiceless.” No court, not the Pennsylvania state courts nor the federal courts, have taken account of the evidence of Mumia’s factual innocence in the 1981 murder of police officer Daniel Faulkner, or the total denial of due process at his trial or post-conviction hearings, including that Judge Albert Sabo was exposed and admitted that he was biased in favor of the prosecution and police, and a racist determined to see Mumia convicted and executed. At the time of Mumia’s trial, Judge Sabo remarked to another judge, “Yeah, and I’m going to help them fry the n----r.” If Mumia’s petition is granted he can re-appeal all the Pa. Supreme Court denials from 1998-2012. This could result in a new trial or dismissal of the charges based on Mumia’s actual innocence and the police, prosecutorial and judicial misconduct that resulted in his frame-up conviction and death sentence. A new appeal by Mumia could strike down his conviction because of the racial bias of judge Albert Sabo who presided over both Mumia’s trial and post-conviction hearings from 1995-1997. for entire article |
MUMIA MEDICAL CRISIS UPDATE: WADIYA SPEAKS TO MUMIA.
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May 18, 2015
The DOC agreed this morning to allow Wadiya a 15-minute call with Mumia. He sounded very good, said he's been given lots of tests and his skin is much better. Wadiya is relieved and on a "Mumia high" after talking with him. The lawsuit is still being filed today. The DOC has made clear that it is the DOC that is making the all the decisions--not the hospital. In emails from the DOC counsel and the hospital lawyer, they are feeling the pressure of phone calls + people who went to the hospital searching for Mumia. We can't rely on or take at face value their medical assessments. We can't let up on the international campaign as well as having an aggressive legal approach. The press conference is going forward, of course!! Mumia must be freed!!! In the struggle to free Mumia, Wadiya Jamal (with Big Pride!!) and Rachel Wolkenstein |
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The FOP Campaign to Defeat the Adegbile Nomination
The Issue Is Mumia Abu-Jamal:
Innocent and Framed!
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By Rachel Wolkenstein
Originally issued March 13, 2014 edited and expanded for publication On September 15, 2014, Debo Adegbile, president Barack Obama’s nominee to head the Civil Rights Division of the U.S. Justice Department withdrew his candidacy and returned to legal practice at the global law firm WilmerHale as a commercial litigator. |
Rachel Wokenstein, Mumia Abu-Jamal and his wife, Wadiya Jamal
February 6, 2012, SCI Mahanoy
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His candidacy was defeated with the failure to get a majority vote in the Senate last March 5 after a campaign waged by the Fraternal Order of Police (FOP). Adegbile had been an attorney with the NAACP Legal Defense Fund (LDF) and in that capacity was part of the defense team for Mumia Abu-Jamal securing the reversal of his death sentence. Contrary to the general description of the controversy, this was not, in fact, an abstract constitutional dispute over the Sixth Amendment right to counsel. For the FOP any defense of Mumia Abu-Jamal is grounds for a rabid attack.
In response, Adegbile and the NAACP Legal Defense Fund (LDF) and most supporters of the nomination, from the Obama administration though the liberal left, distanced the LDF and the nominee from Abu-Jamal’s legal defense. They discounted the very idea that either the LDF or he had, or could have, challenged Abu-Jamal’s conviction for the murder of police officer Daniel Faulkner. This, despite the fact that Christina Swarns, Director of the LDF Criminal Justice Project, has been co-counsel of record for Mumia Abu-Jamal since February 2011, following some twenty years of LDF defense efforts on behalf of Abu-Jamal.
The Executive Director of the LDF, Sherilyn Ifill, described the FOP-led campaign as a “smear campaign” against Debo Adegbile, accepting the premise that legal representation of Mumia Abu-Jamal is a “smear” instead of insisting that as a lawyer this is a point of pride, responsibility, and a cornerstone of American jurisprudence.
But the smears—the lies—propagated by the FOP are against Mumia Abu-Jamal, on the grounds he is an unrepentant, vicious cop-killer who should have been executed.
There is an unambiguous and unequivocal answer to this attack: Mumia Abu-Jamal is innocent and framed for the December 1981 murder of Philadelphia police officer Daniel Faulkner.
The Debo Adegbile nomination controversy was and is squarely about the meaning and import of the case of Mumia Abu-Jamal. Examining his case is akin to opening Pandora’s box—it explodes the myth of American “justice.”
To read the whole article ...
In response, Adegbile and the NAACP Legal Defense Fund (LDF) and most supporters of the nomination, from the Obama administration though the liberal left, distanced the LDF and the nominee from Abu-Jamal’s legal defense. They discounted the very idea that either the LDF or he had, or could have, challenged Abu-Jamal’s conviction for the murder of police officer Daniel Faulkner. This, despite the fact that Christina Swarns, Director of the LDF Criminal Justice Project, has been co-counsel of record for Mumia Abu-Jamal since February 2011, following some twenty years of LDF defense efforts on behalf of Abu-Jamal.
The Executive Director of the LDF, Sherilyn Ifill, described the FOP-led campaign as a “smear campaign” against Debo Adegbile, accepting the premise that legal representation of Mumia Abu-Jamal is a “smear” instead of insisting that as a lawyer this is a point of pride, responsibility, and a cornerstone of American jurisprudence.
But the smears—the lies—propagated by the FOP are against Mumia Abu-Jamal, on the grounds he is an unrepentant, vicious cop-killer who should have been executed.
There is an unambiguous and unequivocal answer to this attack: Mumia Abu-Jamal is innocent and framed for the December 1981 murder of Philadelphia police officer Daniel Faulkner.
The Debo Adegbile nomination controversy was and is squarely about the meaning and import of the case of Mumia Abu-Jamal. Examining his case is akin to opening Pandora’s box—it explodes the myth of American “justice.”
To read the whole article ...
