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In 2007, the widow of Officer Faulkner coauthored a book with Philadelphia radio journalist [[Michael Smerconish]] entitled ''Murdered by Mumia: A Life Sentence of Pain, Loss, and Injustice''.<ref>[http://today.msnbc.msn.com/id/22113744 Excerpt: ‘Murdered By Mumia’ - Books - booksmiscellaneous - TODAYshow.com]</ref> In J. Patrick O'Connor's book ''The Framing of Mumia Abu-Jamal'' the author (editor and publisher of crimemagazine.com) argues that the preponderance of evidence establishes that it was not Abu-Jamal but a passenger in Abu-Jamal's brother's car, Kenneth Freeman, who killed Faulkner, and that the Philadelphia Police Department and District Attorney's Office framed Abu-Jamal.<ref>[http://www.ipgbook.com/showbook.cfm?bookid=1556527446 Review in Independent Publishers Group of The Framing of Mumia Abu-Jamal] May, 2008.</ref>
In 2007, the widow of Officer Faulkner coauthored a book with Philadelphia radio journalist [[Michael Smerconish]] entitled ''Murdered by Mumia: A Life Sentence of Pain, Loss, and Injustice''.<ref>[http://today.msnbc.msn.com/id/22113744 Excerpt: ‘Murdered By Mumia’ - Books - booksmiscellaneous - TODAYshow.com]</ref> In J. Patrick O'Connor's book ''The Framing of Mumia Abu-Jamal'' the author (editor and publisher of crimemagazine.com) argues that the preponderance of evidence establishes that it was not Abu-Jamal but a passenger in Abu-Jamal's brother's car, Kenneth Freeman, who killed Faulkner, and that the Philadelphia Police Department and District Attorney's Office framed Abu-Jamal.<ref>[http://www.ipgbook.com/showbook.cfm?bookid=1556527446 Review in Independent Publishers Group of The Framing of Mumia Abu-Jamal] May, 2008.</ref>


In 2010 independent tests of part of the case against Jamal produced results inconsistent with the case against him. [[Dave Lindorff]] reproduced the described shooting circumstances and showed that the shots which missed should have produced marks visible on the pavement. An expert photo analyst found no such marks visible in the highest-available-quality photo of the part of the crime scene where the body was found.<ref name=Lindorff>[[Dave Lindorff]] and Linn Washington, Jr, ''[[CounterPunch]]'', 20 September 2010, [http://www.counterpunch.org/lindorff09202010.html Sidewalk Murder Scene Should Have Displayed Vivid Bullet Impact Marks]</ref> A ballistics expert medical examiner said that the idea that police could have failed to recognise such marks at the crime scene was "absolute nonsense".<ref name=Lindorff/> Abu-Jamal's lawyer said that the results constituted "extraordinarily important new evidence that establishes clearly that the prosecutor and the Philadelphia Police Department were engaged in presenting knowingly false testimony".<ref name=Lindorff/>
In 2010, Jamal's defense team commissioned a series of tests of part of the case against Jamal produced results inconsistent with the case against him. [[Dave Lindorff]] reproduced the described shooting circumstances and showed that the shots which missed should have produced marks visible on the pavement. An expert photo analyst found no such marks visible in the highest-available-quality photo of the part of the crime scene where the body was found.<ref name=Lindorff>[[Dave Lindorff]] and Linn Washington, Jr, ''[[CounterPunch]]'', 20 September 2010, [http://www.counterpunch.org/lindorff09202010.html Sidewalk Murder Scene Should Have Displayed Vivid Bullet Impact Marks]</ref> A ballistics expert medical examiner said that the idea that police could have failed to recognise such marks at the crime scene was "absolute nonsense".<ref name=Lindorff/> Abu-Jamal's lawyer said that the results constituted "extraordinarily important new evidence that establishes clearly that the prosecutor and the Philadelphia Police Department were engaged in presenting knowingly false testimony".<ref name=Lindorff/>
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Revision as of 16:08, 26 April 2011

Mumia Abu-Jamal
File:Mumia03.jpg
Born
Wesley Cook

(1954-04-24) April 24, 1954 (age 70)
Philadelphia, Pennsylvania
Criminal statusIncarcerated
Conviction(s)First degree murder
Criminal penaltyDeath

Mumia Abu-Jamal (born Wesley Cook on April 24, 1954) is an American who was found guilty of and sentenced to death for the December 9, 1981 murder of Philadelphia police officer Daniel Faulkner.[1] He has been described as "perhaps the best known Death-Row prisoner in the world", and his sentence is one of the most debated today.[2] Before his arrest, he was an activist, radio journalist, and part-time cab driver. He was a member of the Black Panther Party until October 1970.

Since his conviction, his case has become an international cause célèbre,[3] and he has become a controversial cultural icon. Supporters and opponents disagree on the appropriateness of the death penalty, whether he is guilty, or whether he received a fair trial.[4][5][6] During his imprisonment he has published several books and other commentaries, notably Live from Death Row (1995).

Since 1995, Abu-Jamal, Pennsylvania Department of Corrections #AM8335, has been incarcerated at Pennsylvania's SCI Greene,[7] where most of the state's capital case inmates are held.[8] In 2008, a three-judge panel of the U.S. 3rd Circuit Court of Appeals upheld the murder conviction, but ordered a new capital sentencing hearing over concerns that the jury was improperly instructed.[9] Subsequently, the United States Supreme Court allowed his July 1982 conviction to stand,[9] and ordered the appeals court to reconsider its decision to rescind the death sentence.[10]. On April 26, 2011, the Third Circuit Court of Appeals affirmed Jamal's conviction as well as its decision to vacate the death sentence. The issue of Jamal's sentence was remanded for a new sentencing hearing. The death penalty may be imposed again or Jamal may receive a sentence of life without parole.[11]

Early life and activism

Abu-Jamal's father died when Abu-Jamal was nine years old.[12] Abu-Jamal was given the name Mumia in 1968 by his high school teacher, a Kenyan instructing a class on African cultures in which students took African classroom names.[13] According to Abu-Jamal, 'Mumia' means "Prince" and was the name of anti-colonial African nationalists conducting warfare against the British in Kenya at the time of its independence movement.[14] He adopted the surname Abu-Jamal ("father of Jamal" in Arabic) after the birth of his son Jamal on July 18, 1971.[13][15] His first marriage at age 19, to Jamal's mother, Biba, was short-lived.[16] Their daughter, Lateefa, was born shortly after the wedding.[17] Mazi, Abu-Jamal's son by his second wife, Marilyn (known as "Peachie"),[15] was born in early 1978.[18] Abu-Jamal separated from Marilyn and commenced living with his third and current wife, Wadiya, shortly before the events that led to his incarceration.[19]

Involvement with the Black Panthers

In his own writings, Abu-Jamal describes his adolescent experience of being "kicked ... into the Black Panther Party" after suffering a beating from "white racists" and a policeman for his efforts to disrupt a George Wallace for President rally in 1968.[20] The following year, at the age of 15, he helped form the Philadelphia branch of the Black Panther Party,[21] taking appointment, in his own words, as the chapter's "Lieutenant of Information", exercising a responsibility for writing information and news communications. In one of the interviews he gave at the time he quoted Mao Zedong, saying that "political power grows out of the barrel of a gun".[22] That same year, he dropped out of Benjamin Franklin High School and took up residence in the branch's headquarters.[21] He spent late 1969 in New York City and early 1970 in Oakland, living and working with BPP colleagues in those cities.[23] He was a party member from May 1969 until October 1970 and was subject to Federal Bureau of Investigation COINTELPRO surveillance from then until about 1974.[24]

Education and journalism career

After leaving the Panthers he returned to his old high school, but was suspended for distributing literature calling for "black revolutionary student power".[25] He also led unsuccessful protests to change the school name to Malcolm X High.[25] After attaining his GED, he studied briefly at Goddard College in rural Vermont.[26]

By 1975 he was pursuing a vocation in radio newscasting, first at Temple University's WRTI and then at commercial enterprises.[25] In 1975, he was employed at radio station WHAT and he became host of a weekly feature program of WCAU-FM in 1978.[27] He was also employed for brief periods at radio station WPEN, and became active in the local chapter of the Marijuana Users Association of America.[27] From 1979 he worked at WUHY public radio station until 1981 when he was asked to submit his resignation after a dispute about the requirements of objective focus in his presentation of news.[27] As a radio journalist he earned the moniker "the voice of the voiceless" and was renowned for identifying with and giving exposure to the MOVE anarcho-primitivist commune in Philadelphia's Powelton Village neighborhood, including reportage of the 1979–80 trial of certain of its members (the "MOVE Nine") charged with the murder of police officer James Ramp.[27] During his broadcasting career, his high-profile interviews included Julius Erving, Bob Marley, and Alex Haley, and he was elected president of the Philadelphia Association of Black Journalists.[28]

At the time of Daniel Faulkner's murder, Abu-Jamal was working as a taxicab driver in Philadelphia two nights a week to supplement his income.[28] He had been working part-time as a reporter for WDAS,[27] then an African-American-oriented and minority-owned radio station.[29]

Arrest for murder and trial

Main article: Commonwealth of Pennsylvania v. Mumia Abu-Jamal
File:Daniel faulkner.jpg
Daniel Faulkner

On December 9, 1981, in Philadelphia, close to the intersection at 13th and Locust Streets, Philadelphia Police Department officer Daniel Faulkner was shot and killed during a traffic stop. The stopped vehicle belonged to William Cook, Abu-Jamal's younger brother. Abu-Jamal's own vehicle, a taxi, was parked across the street. During the incident, Abu-Jamal was wounded by a shot from Faulkner, collapsed on the sidewalk, and was apprehended by the police. He was taken directly from the scene of the shooting to Thomas Jefferson University Hospital where he received treatment for his wounds. He was later charged with the first-degree murder of Daniel Faulkner.[30]

The case went to trial in June 1982 in Philadelphia. Judge Albert F. Sabo initially agreed to Abu-Jamal's request to represent himself, with criminal defense attorney Anthony Jackson acting as his legal advisor. During the first day of the trial this decision was reversed and Jackson was ordered to resume acting as Abu-Jamal's sole advocate after the judge declared that Abu-Jamal was intentionally disruptive.[31]

Prosecution case at trial

The prosecution presented four witnesses to the court. Robert Chobert, a cab driver who claimed he was parked behind Faulkner, identified Abu-Jamal as the shooter.[32] Cynthia White, a prostitute, testified that a man emerged from a nearby parking lot and shot Faulkner.[33] Michael Scanlon, a motorist, testified that from two car lengths away, he saw a man, matching Abu-Jamal's description, run across the street from a parking lot and shoot Faulkner.[34] Albert Magilton, a pedestrian who did not see the actual murder, testified to witnessing Faulkner pull over Cook's car. At the point of seeing Abu-Jamal start to cross the street toward them from the parking lot, Magilton turned away and lost sight of what happened next.[35]

The prosecution also presented two witnesses who were present at the hospital after the altercation. Hospital security guard Priscilla Durham and Police Officer Garry Bell testified that Abu-Jamal confessed in the hospital by saying, "I shot the motherfucker, and I hope the motherfucker dies."[36]

A .38 caliber Charter Arms revolver, belonging to Abu-Jamal, with five spent cartridges was retrieved beside him at the scene. He was wearing a shoulder holster, and the shell casings and rifling characteristics of the weapon were consistent with bullet fragments taken from Faulkner's body.[37] Tests to confirm that Abu-Jamal had handled and fired the weapon were not performed, as contact with arresting police and other surfaces at the scene could have compromised the forensic value of such tests.[38][39]

Defense case at trial

The defense maintained that Abu-Jamal was innocent of the charges and that the testimony of the prosecution's witnesses was unreliable. The defense was not permitted to inform the jury of Chobert's previous criminal record (Chobert was on five years' probation for felony arson, and was driving his cab illegally as his license was suspended following a DUI conviction), which led later commentators to question whether "such a driver would have deliberately parked his cab behind a police vehicle".[40]

The defense presented nine character witnesses, including poet Sonia Sanchez, who testified that Abu-Jamal was "viewed by the black community as a creative, articulate, peaceful, genial man".[41] Another defense witness, Dessie Hightower, testified that he saw a man running along the street shortly after the shooting although he did not see the actual shooting itself.[42] His testimony contributed to the development of a "running man theory", based on the possibility that a "running man" may have been the actual shooter. Veronica Jones also testified for the defense, but she did not see anyone running.[43] Other potential defense witnesses refused to appear in court.[44] Abu-Jamal did not testify in his own defense. Nor did his brother, who said at the crime scene, "I ain't got nothing to do with this."[45]

Verdict and sentence

The jury delivered a unanimous guilty verdict after three hours of deliberations.

In the sentencing phase of the trial, Abu-Jamal read to the jury from a prepared statement. He was then cross-examined about issues relevant to the assessment of his character by Joseph McGill, the prosecuting attorney.[46]

In his statement Abu-Jamal criticized his attorney as a "legal trained lawyer" who was imposed on him against his will and who "knew he was inadequate to the task and chose to follow the directions of this black-robed conspirator, [Judge] Albert Sabo, even if it meant ignoring my directions". He claimed that his rights had been "deceitfully stolen" from him by Sabo, particularly focusing on the denial of his request to receive defense assistance from non-attorney John Africa and being prevented from proceeding pro se. He quoted remarks of John Africa, and said:

"Does it matter whether a white man is charged with killing a black man or a black man is charged with killing a white man? As for justice when the prosecutor represents the Commonwealth the Judge represents the Commonwealth and the court-appointed lawyer is paid and supported by the Commonwealth, who follows the wishes of the defendant, the man charged with the crime? If the court-appointed lawyer ignores, or goes against the wishes of the man he is charged with representing, whose wishes does he follow? Who does he truly represent or work for? ... I am innocent of these charges that I have been charged of and convicted of and despite the connivance of Sabo, McGill and Jackson to deny me my so-called rights to represent myself, to assistance of my choice, to personally select a jury who is totally of my peers, to cross-examine witnesses, and to make both opening and closing arguments, I am still innocent of these charges."[47]

Abu-Jamal was subsequently sentenced to death by the unanimous decision of the jury.[48]

Appeals and review

PA Gov. Tom Ridge signed the death warrant in 1995.

State appeals

Direct appeal of his conviction was considered and denied by the Supreme Court of Pennsylvania on March 6, 1989,[49] subsequently denying rehearing.[50] The Supreme Court of the United States denied his petition for writ of certiorari on October 1, 1990,[51] and denied his petition for rehearing twice up to June 10, 1991.[52][53]

On June 1, 1995 his death warrant was signed by Pennsylvania Governor Tom Ridge.[53] Its execution was suspended while Abu-Jamal pursued state post-conviction review. At the post-conviction review hearings, new witnesses were called. William "Dales" Singletary testified that he saw the shooting and that the gunman was the passenger in Cook's car.[54] Singletary's account contained discrepancies which rendered it "not credible" in the opinion of the court.[53][55] William Harmon, a convicted fraudster, testified that Faulkner's murderer fled in a car which pulled up at the crime scene, and could not have been Abu-Jamal.[56] However, Robert Harkins testified that he had witnessed a man stand over Faulkner as the latter lay wounded on the ground, who shot him point-blank in the face and then "walked and sat down on the curb".[57][58]

The six judges of the Supreme Court of Pennsylvania ruled unanimously that all issues raised by Abu-Jamal, including the claim of ineffective assistance of counsel, were without merit.[59] The Supreme Court of the United States denied a petition for certiorari against that decision on October 4, 1999, enabling Ridge to sign a second death warrant on October 13, 1999. Its execution in turn was stayed as Abu-Jamal commenced his pursuit of federal habeas corpus review.[53]

In 1999, Arnold Beverly claimed that he and an unnamed assailant, not Mumia Abu-Jamal, shot Daniel Faulkner as part of a contract killing because Faulkner was interfering with graft and payoff to corrupt police.[60] The Beverly affidavit became an item of division for Mumia's defense team, as some thought it usable and others rejected Beverly's story as "not credible".[61]

Private investigator George Newman claimed in 2001 that Chobert had recanted his testimony.[62] Commentators also noted that police and news photographs of the crime scene did not show Chobert's taxi, and that Cynthia White, the only witness at the trial to testify to seeing the taxi, had previously provided crime scene descriptions that omitted it.[40] Cynthia White was declared to be dead by the state of New Jersey in 1992 although Pamela Jenkins claimed that she saw White alive as late as 1997.[63] Mumia supporters often claim that White was a police informant and that she falsified her testimony against Abu-Jamal.[64] Kenneth Pate, a stepbrother of Priscilla Durham who was imprisoned with Abu-Jamal on other charges, has since claimed that Durham admitted to not hearing the hospital confession.[65] The hospital doctors have stated that Abu-Jamal was not capable of making such a dramatic bedside confession at that time.[12] In 2008, the Supreme Court of Pennsylvania rejected a further request from Abu-Jamal for a hearing into claims that the trial witnesses perjured themselves on the grounds that he had waited too long before filing the appeal.[66]

Federal ruling directing resentencing

"Free Mumia" / "Cop killer" Graffiti

Abu-Jamal did not make any public statements about Faulkner's murder until May 3, 2001. In his version of events, he claimed that he was sitting in his cab across the street when he heard shouting, then saw a police vehicle, then heard the sound of gunshots. Upon seeing his brother appearing disoriented across the street, Abu-Jamal ran to him from the parking lot and was shot by a police officer.[67] The driver originally stopped by police officer Faulkner, Abu-Jamal's brother William Cook, did not testify or make any statement until April 29, 2001, when he claimed that he had not seen who had shot Faulkner.[68]

Judge William H. Yohn Jr. of the United States District Court for the Eastern District of Pennsylvania upheld the conviction but voided the sentence of death on December 18, 2001, citing irregularities in the original process of sentencing.[53] Particularly,

...the jury instructions and verdict sheet in this case involved an unreasonable application of federal law. The charge and verdict form created a reasonable likelihood that the jury believed it was precluded from considering any mitigating circumstance that had not been found unanimously to exist.[53]

He ordered the State of Pennsylvania to commence new sentencing proceedings within 180 days[69] and ruled that it was unconstitutional to require that a jury's finding of circumstances mitigating against determining a sentence of death be unanimous.[70] Eliot Grossman and Marlene Kamish, attorneys for Abu-Jamal, criticized the ruling on the grounds that it denied the possibility of a trial de novo at which they could introduce evidence that their client had been framed.[71] Prosecutors also criticized the ruling; Officer Faulkner's widow Maureen described Abu-Jamal as a "remorseless, hate-filled killer" who would "be permitted to enjoy the pleasures that come from simply being alive" on the basis of the judgment.[72] Both parties appealed.

Federal appeal

On December 6, 2005, the Third Circuit Court admitted four issues for appeal of the ruling of the District Court:[73] 1) in relation to sentencing, whether the jury verdict form had been flawed and the judge's instructions to the jury had been confusing; 2) in relation to conviction and sentencing, whether racial bias in jury selection existed to an extent tending to produce an inherently biased jury and therefore an unfair trial (the Batson claim); 3) in relation to conviction, whether the prosecutor improperly attempted to reduce jurors' sense of responsibility by telling them that a guilty verdict would be subsequently vetted and subject to appeal; 4) in relation to post-conviction review hearings in 1995–6, whether the presiding judge, who had also presided at the trial, demonstrated unacceptable bias in his conduct.

The Third Circuit Court heard oral arguments in the appeals on May 17, 2007, at the United States Courthouse in Philadelphia. The appeal panel consisted of Chief Judge Anthony Joseph Scirica, Judge Thomas Ambro, and Judge Robert Cowen. The Commonwealth of Pennsylvania sought to reinstate the sentence of death, on the basis that Yohn's ruling was flawed, as he should have deferred to the Pennsylvania Supreme Court which had already ruled on the issue of sentencing, and the Batson claim was invalid because Abu-Jamal made no complaints during the original jury selection. Abu-Jamal's counsel told the Third Circuit Court that Abu-Jamal did not get a fair trial because the jury was both racially-biased and misinformed, and the judge was a racist.[74] The last of those claims was founded upon the assertion by court stenographer Terri Maurer-Carter in a 2001 affidavit that Judge Sabo had exclaimed "Yeah, and I'm going to help them fry the nigger" in the course of a conversation regarding Abu-Jamal's case.[75][76] Sabo denied having made any such comment.[77]

On March 27, 2008, the three-judge panel issued a majority 2–1 opinion upholding Yohn's 2001 opinion but rejecting the bias and Batson claims, with Judge Ambro dissenting on the Batson issue. If the Commonwealth of Pennsylvania chooses not to hold a new hearing, Abu-Jamal will be automatically sentenced to life in prison.[78] On July 22, 2008, Abu-Jamal's formal petition seeking reconsideration of the decision by the full Third Circuit panel of 12 judges was denied.[79] On April 6, 2009, the United States Supreme Court also refused to hear Abu-Jamal's appeal.[9] On January 19, 2010, the Supreme Court ordered the appeals court to reconsider its decision to rescind the death penalty,[10][80] with the same-constituted appeal panel duly convening in Philadelphia on November 9, 2010, to hear submissions for that purpose.[81][82]

Life as a prisoner

In May 1994, Abu-Jamal was engaged by National Public Radio's All Things Considered program to deliver a series of monthly three-minute commentaries on crime and punishment.[83] The broadcast plans and commercial arrangement were canceled following condemnations from, among others, the Fraternal Order of Police[84] and US Senator Bob Dole (R-KS).[85] Abu-Jamal sued NPR for not airing his work, but a federal judge dismissed the suit.[86] The commentaries later appeared in print in May 1995 as part of Live from Death Row.[87]

In 1999, he was invited to record a keynote address for the graduating class at The Evergreen State College. The event was protested heavily.[88] In 2000, he recorded a commencement address for Antioch College.[89] The now defunct New College of California School of Law presented him with an honorary degree "for his struggle to resist the death penalty".[90]

With occasional interruptions due to prison disciplinary actions, Abu-Jamal has for many years been a regular commentator on an online broadcast, sponsored by Prison Radio,[91] as well as a regular columnist for Junge Welt, a Marxist newspaper in Germany. In 1995, he was punished with solitary confinement for engaging in entrepreneurship contrary to prison regulations. Subsequent to the airing of the 1996 HBO documentary Mumia Abu Jamal: A Case For Reasonable Doubt?, which included footage from visitation interviews conducted with him, the Pennsylvania Department of Corrections acted to ban outsiders from using any recording equipment in state prisons.[26] In litigation before the US Court of Appeals in 1998 he successfully established his right to write for financial gain in prison. The same litigation also established that the Pennsylvania Department of Corrections had illegally opened his mail in an attempt to establish whether he was writing for financial gain.[92] When, for a brief time in August 1999, he began delivering his radio commentaries live on the Pacifica Network's Democracy Now! weekday radio newsmagazine, prison staff severed the connecting wires of his telephone from their mounting in mid-performance.[26]

His publications include Death Blossoms: Reflections from a Prisoner of Conscience, in which he explores religious themes, All Things Censored, a political critique examining issues of crime and punishment, Live From Death Row, a diary of life on Pennsylvania's death row, and We Want Freedom: A Life in the Black Panther Party, which is a history of the Black Panthers drawing on autobiographical material.

See also: Mumia Abu-Jamal in popular culture
Concert at a Free Mumia demonstration in Germany, 2007

Abu-Jamal's supporters protest at perceived injustice or deplore the death penalty in his and other cases. Labor unions,[93][94][95][96] US and foreign city governments,[97] politicians,[6][98] advocates,[99] educators,[100] the NAACP Legal Defense and Educational Fund,[25] and human rights advocacy organizations such as Human Rights Watch[101] and Amnesty International have expressed concern about his case.[4] They are opposed by the family of Daniel Faulkner, the Commonwealth of Pennsylvania, and the Fraternal Order of Police.[102] In August 1999, the Fraternal Order of Police called for an economic boycott against all individuals and organizations that support Abu-Jamal.[103]

Abu-Jamal has been made an honorary citizen of about 25 cities around the world, including Paris, Montreal, Palermo and Copenhagen.[104][105] In 2001, he received the sixth biennial Erich Mühsam Prize, which recognizes outstanding activism on behalf of a liberatory vision of human society in keeping with that of its anarchist namesake;[106] in particular, most of its awardees have been activists in the cause of social justice for persecuted minorities.[107] In October 2002, he was awarded honorary membership of the Berlin-based Association of Those Persecuted by the Nazi Regime – Federation of Antifascists and Antifascist Groups (VVN-BdA).[108]

On April 29, 2006, a newly-paved road in the Parisian suburb of St Denis was named Rue Mumia Abu-Jamal in his honor.[109] In protest of the street-naming, US Congressman Michael Fitzpatrick (R-PA) and Senator Rick Santorum (R-PA) introduced resolutions in both Houses of Congress condemning the decision.[110][111] The House of Representatives voted 368–31 in favor of the resolution.[112]

Anti-Abu-Jamal T-shirt sold in the Philadelphia area[113]

In December 2006, the 25th anniversary of the murder, the executive committee of the Republican Party for the 59th Ward of the City of Philadelphia—covering approximately Germantown, Philadelphia—filed two criminal complaints in the French legal system against the city of Paris and the city of Saint-Denis, accusing the municipalities of "glorifying" Abu-Jamal and alleging the offense "apology or denial of crime" in respect of their actions.[104][114]

In 2007, the widow of Officer Faulkner coauthored a book with Philadelphia radio journalist Michael Smerconish entitled Murdered by Mumia: A Life Sentence of Pain, Loss, and Injustice.[115] In J. Patrick O'Connor's book The Framing of Mumia Abu-Jamal the author (editor and publisher of crimemagazine.com) argues that the preponderance of evidence establishes that it was not Abu-Jamal but a passenger in Abu-Jamal's brother's car, Kenneth Freeman, who killed Faulkner, and that the Philadelphia Police Department and District Attorney's Office framed Abu-Jamal.[116]

In 2010, Jamal's defense team commissioned a series of tests of part of the case against Jamal produced results inconsistent with the case against him. Dave Lindorff reproduced the described shooting circumstances and showed that the shots which missed should have produced marks visible on the pavement. An expert photo analyst found no such marks visible in the highest-available-quality photo of the part of the crime scene where the body was found.[40] A ballistics expert medical examiner said that the idea that police could have failed to recognise such marks at the crime scene was "absolute nonsense".[40] Abu-Jamal's lawyer said that the results constituted "extraordinarily important new evidence that establishes clearly that the prosecutor and the Philadelphia Police Department were engaged in presenting knowingly false testimony".[40]

See also

References

  1. ^ Commonwealth v. Abu-Jamal, Pennsylvania Court of Common Pleas, First Judicial District, Philadelphia, Case Nos. 1357-59.
  2. ^ Death Sentence Overturned In 1981 Killing of Officer New York Times, page 1, December 19, 2001
  3. ^ Associated Press (November 9, 2010). "Mumia Abu-Jamal Case Back in Court Today". NBC Philadelphia. Retrieved April 3, 2011.
  4. ^ a b "A Life in the Balance: The Case of Mumia Abu-Jamal". Amnesty International. February 17, 2000. Archived from the original on December 11, 2007. Retrieved 2007-10-18.
  5. ^ Taylor Jr., Stuart (1995). "Guilty and Framed". The American Lawyer. Retrieved 2008-01-22. {{cite web}}: Unknown parameter |month= ignored (help)
  6. ^ a b "European Parliament resolution 9(f) B4-1170/95 (p. 39 of original, 49 of pdf)". European Parliament. September 21, 1995. Archived from the original (PDF) on October 13, 2007. Retrieved 2008-01-22. {{cite web}}: Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  7. ^ "Pennsylvania Inmate Locator." Pennsylvania Department of Corrections. Retrieved on July 29, 2010. Search with the name or AM8335.
  8. ^ "SCI Greene." Pennsylvania Department of Corrections. Retrieved on May 23, 2010.
  9. ^ a b c "Supreme Court lets Mumia Abu-Jamal's conviction stand". CNN. April 6, 2009. Retrieved 2009-04-06.
  10. ^ a b "U.S. court sends back Abu-Jamal death penalty case". Reuters.com. January 19, 2010.
  11. ^ "Mumia Abu-Jamal Granted New Sentencing Hearing". CNN. April 6, 2009. Retrieved 2011-04-26.
  12. ^ a b Smith, Laura (October 27, 2007). "'I spend my days preparing for life, not for death'". The Guardian. Retrieved 2008-01-22.
  13. ^ a b Burroughs, Todd Steven (2004). "Prologue: Joining the Party". Ready to Party: Mumia Abu-Jamal and the Black Panther Party. The College of New Jersey. Retrieved 2008-01-22.
  14. ^ Abu-Jamal, Mumia (February 7, 2003). "Question for Mumia: Tell Me About Your Name". Mumia Abu-Jamal Radio Broadcast. Prison Radio. Retrieved 2008-01-22.
  15. ^ a b Burroughs, Todd Steven (2004). "Part IV: Leaving the Party". Ready to Party: Mumia Abu-Jamal and the Black Panther Party. The College of New Jersey. Retrieved 2008-01-22.
  16. ^ Bisson, p.119 quoted at "The Religious Affiliation of Mumia Abu-Jamal". Adherents.com. September 3, 2005. Retrieved 2008-01-22.
  17. ^ Burroughs, Todd Steven (2001). "Mumia Abu-Jamal's Family Faces Future While Fighting Fear 20th Anniversary of 1981 Shooting Approaches". NNPA News Service. Retrieved 2008-01-22. {{cite web}}: Unknown parameter |month= ignored (help)
  18. ^ See ages given in: Vann, Bill (April 27, 1999). "Tens of thousands rally in Philadelphia for political prisoner Mumia Abu-Jamal". World Socialist Web Site news. International Committee of the Fourth International. Retrieved 2008-01-22. and Erard, Michael (July 4, 2003). "A Radical in the Family". The Texas Observer. Retrieved 2008-01-22.
  19. ^ Hill, Craig (November 6, 1993). "The fight to save Mumia Abd-Jamal: Wadiya Jamal at NYC Rally". The Michigan Citizen. Retrieved 2008-01-22.
  20. ^ Abu-Jamal, Mumia (1996). Live From Death Row. New York: Harper Perennial. p. 151. ISBN 978-0-380-72766-7.
  21. ^ a b Burroughs, Todd Steven (2004). "Part I: "Do Something, Nigger!"". Ready to Party: Mumia Abu-Jamal and the Black Panther Party. The College of New Jersey. Retrieved 2008-01-22.
  22. ^ Burroughs, Todd Steven (2004). "Epilogue: The Barrel of a Gun". Ready to Party: Mumia Abu-Jamal and the Black Panther Party. The College of New Jersey. Retrieved 2008-01-22.
  23. ^ Burroughs, Todd Steven (2004). "Part II: The Party in Philadelphia". Ready to Party: Mumia Abu-Jamal and the Black Panther Party. The College of New Jersey. Retrieved 2008-01-22.
  24. ^ Burroughs, Todd Steven (2004). "Part III: 'Armed and Dangerous': Tracked by the FBI". Ready to Party: Mumia Abu-Jamal and the Black Panther Party. The College of New Jersey. Retrieved 2008-01-22.
  25. ^ a b c d Shaw, Theodore M. (July 27, 2007). "Brief of amicus curiae" (PDF). Mumia Abu-Jamal v. Martin Horn, Pennsylvania Director of Corrections, et al. NAACP Legal Defense and Educational Fund. Archived from the original (PDF) on December 2, 2007. Retrieved 2008-01-22. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  26. ^ a b c Burroughs, Todd Steven (September–October, 2004). "Mumia's voice: confined to Pennsylvania's death row, Mumia Abu-Jamal remains at the center of debate as he continues to write and options to appeal his police murder conviction dwindle". Black Issues Book Review. Archived from the original on February 22, 2008. Retrieved 2008-01-22. {{cite journal}}: Check date values in: |date= (help); Unknown parameter |deadurl= ignored (|url-status= suggested) (help)
  27. ^ a b c d e "The Suspect – One Who Raised His Voice". The Philadelphia Inquirer. December 10, 1981. Retrieved 2008-01-22.
  28. ^ a b O'Connor, The Framing of Mumia Abu-Jamal, pp. 54–55
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  30. ^ "Trial and Post-Conviction Relief Act (PCRA) hearing transcripts" (PDF). Commonwealth of Pennsylvania. Retrieved 2008-01-22.
  31. ^ "Trial transcript §1.72–§1.73". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 17, 1982. Retrieved 2008-01-22.
  32. ^ "Trial transcript §3.210–§3.211". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 19, 1982. Retrieved 2008-01-22.
  33. ^ "Trial transcript pp.94–95". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 21, 1982. Retrieved 2008-01-22.
  34. ^ "Trial transcript pp.5–75". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 25, 1982. Retrieved 2008-01-22.
  35. ^ "Trial transcript pp.75 ff". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 25, 1982. Retrieved 2008-01-22.
  36. ^ "Trial transcript pp.29, 31, 34, 137, 162 and 164". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 24, 1982. Retrieved 2008-01-22.
  37. ^ "Trial transcript p.169". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 23, 1982. Retrieved 2008-01-22.
  38. ^ Prosecution expert witness Charles Tumosa said such tests were "unreliable...It doesn't work if you grab a piece of metal like this or put your hand on a car or touch a firearm or touch a person who has touched a firearm or if you put your hand on the clean city streets or whatever." "Trial transcript, pp.57–61". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, First Judicial District of Pennsylvania, Criminal Trial Division. June 26, 1982. Retrieved 2010-06-15.
  39. ^ Defence expert witness George Fassnacht said "I don't know where he was grasped, but if you are saying that they had contacted his hands, particularly where a great deal of pressure was applied, they could have very well destroyed traces of powder residue if in fact such did exist. That is a possibility." "PCRA hearing transcript, pp.118–122". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, First Judicial District of Pennsylvania, Criminal Trial Division. August 2, 1995. Retrieved 2008-01-22.
  40. ^ a b c d e Dave Lindorff and Linn Washington, Jr, CounterPunch, 20 September 2010, Sidewalk Murder Scene Should Have Displayed Vivid Bullet Impact Marks
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  42. ^ "Trial transcript p.127". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia County, Criminal Trial Division. June 28, 1982. Retrieved 2008-01-22.
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  47. ^ "Trial transcript, pp.10–16". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia Criminal Trial Division. July 3, 1982. Retrieved 2008-01-22.
  48. ^ "Trial transcript, pp.100–103". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, Philadelphia Criminal Trial Division. July 3, 1982. Retrieved 2008-01-22.
  49. ^ Pennsylvania v. Abu-Jamal, 555 A.2d 846 (1989).
  50. ^ Pennsylvania v. Abu-Jamal, 569 A.2d 915 (1990).
  51. ^ Abu-Jamal v. Pennsylvania, 498 U.S. 881 (1990).
  52. ^ Abu-Jamal v. Pennsylvania, 501 U.S. 1214 (1991).
  53. ^ a b c d e f Yohn, William H., Jr. (2001). "Memorandum and Order" (PDF). Mumia Abu-Jamal, Petitioner, vs. Martin Horn, Commissioner, Pennsylvania Department of Corrections, et al., Respondents. US District Court for the Eastern District of Philadelphia. Retrieved 2008-01-22. {{cite web}}: Unknown parameter |month= ignored (help)CS1 maint: multiple names: authors list (link)
  54. ^ "PCRA hearing transcript pp.204 ff". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, First Judicial District of Pennsylvania, Criminal Trial Division. August 11, 1995. Retrieved 2008-01-22.
  55. ^ "PCRA hearing transcript pp.16 ff". Commonwealth vs. Mumia Abu-Jamal aka Wesley Cook. Court of Common Pleas, First Judicial District of Pennsylvania, Criminal Trial Division. August 14, 1995. Retrieved 2008-02-02.
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  59. ^ Pennsylvania v. Abu-Jamal, 720 A.2d 79 (1998).
  60. ^ Beverly, Arnold (June 8, 1999). "Affidavit of Arnold Beverly". Free Mumia Coalition. Retrieved 2008-01-22.
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  69. ^ "Abu-Jamal's death sentence overturned". BBC News. December 18, 2001. Retrieved 2008-01-22.
  70. ^ See p.70 of the July 2006 appeal brief for Abu-Jamal before the US Court of Appeal citing Yohn's ruling in the US District Court, the Eighth and Fourteenth Amendment to the United States Constitution, and the United States Supreme Court precedent of Mills v. Maryland, 486 U.S. 367 (1988)
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  72. ^ Rimer, Sara (December 19, 2001). "Death sentence overturned in 1981 killing of officer". The New York Times. Retrieved 2008-01-22.
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  77. ^ Conroy, Theresa (September 4, 2001). "She's 'scared' by impact of her allegation – Says Mumia judge made a racist remark". Philadelphia Daily News.
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  105. ^ O'Connor, J. Patrick, The Framing of Mumia Abu-Jamal, page 199
  106. ^ Chief page for the prize at the Web site of the Erich Mühsam Society (in German)
  107. ^ Auxiliary commentary about the prize at the Web site of the Erich Mühsam Society (in German)
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  115. ^ Excerpt: ‘Murdered By Mumia’ - Books - booksmiscellaneous - TODAYshow.com
  116. ^ Review in Independent Publishers Group of The Framing of Mumia Abu-Jamal May, 2008.
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