Pennsylvania court rejects a Mumia appeal
By
LeiLani Dowell
Published Feb 21, 2008 12:18 AM
The struggle to free world-renowned journalist and political prisoner Mumia
Abu-Jamal continues after Pennsylvania’s racist courts again ruled
against him on Feb. 19, rejecting an appeal filed by his lawyers on his
behalf.
However, his supporters are still awaiting a separate, major ruling from the
U.S. Court of Appeals for the Third Circuit that will determine if he is
granted a new trial, has his conviction overturned, or sees the death sentence
reinstated.
Abu-Jamal was convicted, in a political frame-up and a thoroughly corrupt
trial, of killing police office Daniel Faulkner in 1982.
The appeal that was rejected on Feb. 19 by the Pennsylvania Supreme Court had
challenged a 2005 ruling against a Post Conviction Relief Act (PCRA) petition
filed on the case.
The PCRA petition was based on affidavits by Yvette Williams and Kenneth Pate,
who stated that two of the key witnesses who testified against Abu-Jamal during
his original trial had later confessed to them that they had been lying.
Williams testified that she had shared a jail cell with Cynthia White, who said
the Philadelphia police had coerced her, with death threats and monetary
compensation, to falsely accuse Abu-Jamal as the killer. Pate testified that
his stepsister, hospital security guard Priscilla Durham, told him the police
peer-pressured her into falsely claiming that Mumia boasted while at the
hospital about killing Faulkner.
Despite the fact that these new revelations of witness tampering only became
known shortly before the PCRA petition was filed in 2003, Pennsylvania Court of
Common Pleas Judge Pamela Dembe dismissed the petition on the grounds that it
was “untimely.”
The Pennsylvania Supreme Court is led by former Philadelphia District Attorney
Ron Castille, who has refused to recuse himself from the case despite the fact
that, during his tenure as district attorney, he fought against
Abu-Jamal’s appeals.
After the ruling Hans Bennett, co-founder of Journalists for Mumia, interviewed
several prominent figures in the struggle to free Abu-Jamal. Robert R. Bryan,
lead counsel for Abu-Jamal, stated: “We were not surprised since that
court has a history of not addressing the racism and fraud that has dominated
the prosecution since its inception over a quarter of a century ago. By
dismissing the appeal on procedural grounds, the court avoided dealing with the
compelling facts establishing that the prosecution of my client was based upon
lies, half-truths and bigotry.”
Other recent developments in Abu-Jamal’s case include the release of
photographs taken at the scene of the shooting that reveal police manipulation
of the scene and discredit testimony from prosecution witnesses. The
photographer had offered the pictures to the prosecution during the original
trial, but was never called.
Organizers in the struggle to free Abu-Jamal are asking people to reach out to
their networks with updates on his case. Pam Africa of International Concerned
Family and Friends of Mumia Abu-Jamal said, “I urge readers to please
help fight the media bias by going to Abu-Jamal-News.com to see the new photo
evidence, download the information and spread the word at this urgent time in
Mumia’s case.”
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