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While
Yohn’s decision
is a hard-won concession
Struggle
must
intensify to free
Mumia Abu-Jamal
U.S.
Federal District Judge William Yohn, in a 272-page ruling issued on
December 18, 2024, threw out the death sentence for revolutionary
journalist Mumia Abu-Jamal that resulted from his sham of a trial
in 1982. Yohn
threw out the death sentence based on his findings that instructions
given to the jury were flawed. The judge concluded that information
was withheld from the jury that could have led to a different sentence.
There can be no question that lifting the 1982 death sentence--a concession
wrested by the worldwide movement in support of Abu-Jamal--is a painful,
bitter pill for the cops and judges in the court system in Philadelphia
to swallow. They want to quietly kill Abu-Jamal. And had it not been
for the movement, he would be dead.
While
freedom loving people worldwide are understandably happy that the
imminent threat of execution is no longer hanging over the head of
Mumia Abu-Jamal, Yohn's decision stopped short of overturning the
first-degree murder conviction. The judge has called for a new sentencing
hearing for Mumia that could result in Mumia receiving life in prison
or once again receiving a death sentence.
Judge
Yohn was assigned to Abu-Jamal's case in October 1999 after Mumia's
state appeals had been exhausted. Yohn was charged with determining
whether Abu-Jamal should have an evidentiary hearing. Such a hearing
would have allowed suppressed evidence to finally be heard and entered
into the court record, whic could have led to a new trial.
Yohn
avoided the issue of an evidentiary hearing by ruling on only one
of 29 constitutional rights violations that occurred during the 1982
trial.
Now
that Yohn has made this recent ruling, the system that framed Mumia
is hoping that everyone will lose interest in the case and that they
will get away with their racist conspiracy to keep an innocent man
in jail. The growing worldwide movement for social justice will continue
to fight for Mumia's freedom. Judge Yohn's ruling is not justice.
It is part of a political cover-up through legal means.
Let
the facts speak for themselves.
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Why have both the federal and state courts refused to acknowledge
the Arnold Beverly confession to the murder of policeman Daniel
Faulkner? This evidence alone should have overturned Abu-Jamal's
murder conviction. On January 9, 2024, attorneys for Mumia Abu-Jamal
filed an appeal to the Pennsylvania Supreme Court asking it to order
Common Pleas Court Judge Pamela Dembe to hear the testimony of ex-mob
hit-man Arnold Beverly about how he killed Faulkner in 1981. Beverly
admits that he was hired by corrupt elements in the Phila delphia
Police Department and organized crime because Faulkner was an obstacle
to the "protection racket" corrupt officers were running in center
city Philadelphia.
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During the 1996 post-conviction relief hearing the courts refused
to accept the real testimony of a number of eyewitnesses who had
testified against Abu-Jamal under the coercion of the Fraternal
Order of Police. They have all recanted their previous bogus statements
that Abu-Jamal killed Faulkner.
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Mumia Abu-Jamal was denied the legal counsel of his choice in 1982.
His court-appointed attorney, Anthony Jackson, and the district
attorney's office were in collusion to railroad Mumia to a conviction.
This collusion has been well documented. And when Abu-Jamal attempted
to legally represent himself during his trial, he was physically
removed from his own proceedings.
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A startling revelation was made by Terri Maurer-Carter, a stenographer
who overheard Judge Albert Sabo, the presiding judge in Abu-Jamal's
original trial and in the 1996 post conviction relief hearing, make
a horrendous racist epithet about Abu-Jamal. When Carter attempted
to bring this horrendous statement to the attention of other judicial
authorities, she was ignored. Sabo has the reputation of being a
"hanging" judge since he has sent more people to death row than
any other judge. At the time, Sabo was a card carrying member of
the Fraternal Order of Police, a group that has wanted to permanently
silence Mumia for his strong opposition to police brutality.
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And what about the ballistic evidence? A forensic analysis originally
said a .44-caliber bullet killed Faulkner. Mumia had a registered
Charter Arms .38-caliber gun. Bullet fragments were lost while under
police custody and the prosecution now claims it was a .38-caliber
bullet. The prosecution's own ballistic expert says that it cannot
be determined if the bullet that killed Faulker was fired from Mumia's
gun.
If
it had not been for an international grassroots move ment including
people from France, Germany, the Nether lands, South Africa and
the U.S. and many other lands; if it were not for the countless
marches and rallies that have propelled the conspiracy to murder
Mumia Abu-Jamal into the light of day, the courts, police and jailers
of Pennsylvania would have legally murdered him a long time ago.
And this struggle will not be over until an innocent journalist,
political activist as well as father and grandfather--perse cuted
for his courageous and effective leadership in the struggle against
racist police brutality, the death penalty, war and social injustice--is
free.
The
Yohn ruling is not the final chapter.
Ninety-nine wrongly convicted people have been released from
death row from Florida to Illinois to Pennsyl vania based on evidence
proving their innocence. The system can free Mumia but they will
not voluntarily free him unless the mass, grassroots pressure is
intensified.
Photo;
Bill Hackwell
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Photo: Deirdre Griswold
On Dec. 8 a videotape was shown from a flat bed truck
at 13th and Locust Streets, the site where Abu-Jamal's
arrest took place 20 years ago.
The tape allowed everyone there to see
and hear the confession of Arnold Beverly.
The cops then carried out a vicious attack.
What can you do to help free Mumia?
- Put
pressure on local media to show the Arnold Beverly confession
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Reach
out to campuses, unions, churches, l/g/b/t groups, women, and
anti-repression organizations about Mumia’s case
- Send
donations for Mumia’s legal defense and organizing. Make checks
out to National Black United Fund/Mumia Abu-Jamal account and mail
to NBUF, 40 Clinton St., 5th Fl., Newark, NJ 07102.
- Organize
with MFM/IAC for April 6th actions in Philadelphia and internationally
coordinated actions for Mumia on April 24th (Mumia’s birthday.)
Contact your local MFM/IAC chapter and/or Free Mumia Committee in
your area for more information.
- Attend
Tuesday MFM/IAC volunteer meetings in NYC to get important updates
and get involved with Mumia’s case.
Let's free Mumia!
Millions for Mumia/International
Action Center
39 W. 14th St., Rm. 206, NY, NY 10011
email: iacenter@action-mail.org
En Espanol: el_iac@yahoo.com
web:
www.iacenter.org
Phone:
212 633-6646
Fax: 212 633-2889
To
make a tax-deductible donation online,
go to www.peoplesrightsfund.org/
ANTI-DEATH PENALTY PROJECT
or send check to
PEOPLE’S RIGHTS FUND,
39 W.14 St., Rm.206 NY, NY 10011
Download PDF version of brochure
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