MUMIA ANTI-DEATH PENALTY NEWS Via NY Transfer News * All the News That Doesn't Fit source - nattyreb@ix.netcom.com MUMIA/ANTI-DP NEWS Comment on the Supreme Court's Decision in Williams I and II by C. Clark Kissinger On April 18, 2000, the United States Supreme Court issued two decisions concerning the new habeas corpus statute, known as the AEDPA, signed into law in 1996. Both decisions affect Mumia's case, now pending before U.S. District Court Judge Yohn. The more important opinion deals with whether or not the new law limits or restricts the authority of federal judges, such as Judge Yohn, to review and overturn a state-court conviction. By a vote of 5 to 4 the conservative majority, led by Justice O'Connor and including Rhenquist. Kennedy, Scalia and Thomas, endorsed Congress's action in placing "a new restriction" and "a new constraint on the power of a federal habeas court to giant a state prisoner's application for a writ of habeas corpus." That new restriction limits the authority of federal judges to order new trials where the petitioner's constitutional rights were concededly violated. Now, in order to get a new trial, Mumia must demonstrate not only that the state court's judges were incorrect or wrong -- but that their action was more -- that it was "unreasonable." In other words Judge Yohn is authorized to deny Mumia a new trial even if the Pennsylvania state courts acted incorrectly -- just so long as their error was not "unreasonable." But when is an incorrect decision by a state court "unreasonable"-- as opposed to merely incorrect? This, the court did not say. That is why, in part, the 4 justices in the minority (Stevens, Souter, Ginsburg and Breyer) decried this word game and insisted that the authority of federal judges should not be diminished by the new law and that if state judges decided constitutional issues incorrectly then federal judges should have the time honored, unfettered right to conduct an independent review and order a new trial. So where does this leave Mumia's case? Without any guidelines, Judge Yohn appears to be free to call any of the decisions by the Pennsylvania Courts on federal constitutional issues "incorrect" and deny relief -- or label them "unreasonable" and order a new trial, Does this new decision give any hint as to whether -- given the facts in Mumia's case -- it's going to be one way or the other? Not really. However, it is worthwhile to note that in that case the Supreme Court reversed the death sentence (Williams v. Taylor) on an issue that's identical to one of the issues raised in Mumia's case: the ineffectiveness of counsel during the penalty phase. And they did it by finding the decision of the highest court of Virginia to be unreasonableon facts less compelling than those in Mumia's case (with Rhenquist, Scalia and Thomas dissenting from that part of the decision.) An example of some of the issues that Judge Yohn will have to decide: 1. Was it unreasonable for the state courts to deny Mumia a new trial when his lawyer admitted he did no investigation and talked to no witnesses? 2. Was it unreasonable for the state courts to deny Mumia a new trial when 3 witnesses claimed they were harassed by the police into changing their account of what they observed and one admitted to testifying falsely? 3. Was it unreasonable for the state courts to deny Mumia a new trial when the district attorney's office admitted to removing 10 qualified African-American jurors? 4. Was it unreasonable for the state courts to deny Mumia a new trial when the one witness who reported that Mumia made no comments on the night he was alleged to have confessed was prevented from testifying by the false report that he was unavailable? 5. Was it unreasonable for the state courts to deny Mumia a new hearing on sentencing when the district attorney introduced evidence of Mumia's political statements and associations 12 years earlier? Or, were these errors about constitutional violations merely incorrect? The second decision (also named Williams) upheld the right to an evidentiary hearing for a petitioner, like Mumia, who was precluded from introducing evidence by actions of the state court. However, in order to get such a hearing Mumia must demonstrate that Judge Sabo and the Pennsylvania Supreme Court prevented him from making a complete record on his claims. This did not change the existing framework of the law relating to evidentiary hearings and was fully briefed to Judge Yohn in our motion for an evidentiary hearing It is worth noting however, that in this Williams case, with abundant evidence supporting the defendant's conviction for a double murder and rape (with evidence linking the defendant to 4 other murders), the court granted a hearing denied by the state courts solely on the issue of whether or not the defendant received a fair trial an issue totally unrelated to the question of his guilt or innocence. ---------------------------------------------------------------- While there is still no date set for Mumia Abu-Jamal's hearing in Federal District Court in Philadelphia, plans are underway for large numbers of people to gather outside the court at 9am on that day, and to get organizational reprentatives, international jurists, foreign observers into the courtroom. Well-known supporters of a new trial for Mumia are recording public service announcements inviting people to join them at the hearing. The first of these from Edward Asner, is available online at http://www.freespeech.org/ both as a RealAudio file, and as a broadcast-quality MP3 file. We encourage broadcasters, artists, and activists to make use of these tapes. Alice Walker's tape will be up soon. Keep alert for the date of the hearing. Check at www.j4mumia.org, or call International Concerned Family & Friends of MAJ at 215-476-8812. via Mark Clement http://www.execpc.com/~ajrc **ABOLISH THE RACIST, CLASSIST DEATH PENALTY!** via congressman@jessejacksonjr.org I recent submitted the ONLY moratorium Bill in the U.S. Congress HR 4162. The following is an excerpt from one of the articles. I need your help to get your Congressman to sponsor this legislation. Even pro-death penalty advocates agree that a moratorium is necessary to avoid the execution of innocent people. Three men who spent years in jail waiting to die for murders they didn't commit came to the Capitol on Wednesday to seek a halt to all U.S. executions until stronger safeguards are in place to ensure innocent people aren't executed. "You cannot bring a man back from the grave after you find those errors," Darby Tillis said. He and co-defendant Perry Cobb are among 13 men freed from Illinois' death row since 1987 after being found innocent of the crimes that sent them there. Tillis, along with former Illinois death-row inmates Ronald Jones and Gary Gauger, support an execution moratorium bill sponsored by Rep. Jesse Jackson Jr. (D-2nd) of Chicago. The legislation would immediately suspend all executions by the federal government and the states for seven years. To resume executions, states would have to provide access to DNA testing to everyone on death row. http://jessejacksonjr.org/issues/ For more information regarding the fight to save Eugene Colvin-El please call: Campaign to End the Death Penalty Ameejill Whitlock 410-554-8273 or Virginia Harabin 301-589-7179 U.S. Supreme Court rejects death sentence appeal of Baltimore man Baltimore, April 25 -- The death sentence appeal of a Baltimore man was rejected Monday by the U.S. Supreme Court, setting the stage for his execution, possibly within the next few months. The court rejected without comment the appeal of Eugene S. Colvin-el, who is on death row for the 1980 killing of a Florida woman who was visiting her daughter in Pikesville. Baltimore County prosecutors said Monday they would seek a death warrant from Judge Robert H. Heller. Heller presided over the Anne Arundel jury sentencing 55 year old Colvin-el to death in 1992 after a series of appeals. Once a warrant is signed, Covlin-el must be executed within four to eight weeks unless Gov. Parris Glendening intervenes, said Gary E. Bair, an assistant attorney general who handles death penalty appeals. The governor, who supports the death penalty, will review the case after the warrant is signed, said his spokeswoman, Michelle Byrnie. John H. Morris Jr., who has represented Colvin-el since 1984, said he plans to appeal to other courts and the governor. Death penalty advocates said they were disappointed with the decision. "It's dismaying that the state's policy leaders have let this case get as far as it has," said Richard J. Dowling, executive director of the Maryland Catholic Conference. **REPORT BACK** Eugene Active Existence Tuesday, April 25, 2000 6:44 Eugene Active Existence kicked off with a torchlight march last night for Mumia's 46th birthday. As was expected, the cops flipped out and arrested 9 people, one of whom is charged with assault 2, the same "mandatory minimum" offense that put June 18 rioter Rob Thaxton behind bars for 7 years. Hopefully it's just a gesture of intimidation and it won't stick. We heard reports of burning dumpsters around downtown all night. Future Political Prisoners of America Communique April 25, 2000 Last night's candlelight march was called in honor of the 46th birthday of Mumia Abu-Jamal, a black revolutionary imprisoned on death row in Pennsylvania, who is alleged to have killed a cop who was beating his brother. Mumia's journalistic and philosophical contributions have rallied millions behind the movement to end the racist death penalty, and the "criminalization of a generation" - the prison warehousing of black youth. But his fight is only one among countless others, and on Monday night we lit candles for all those fighting from the furthest margins of the Empire- the prison industrial complex. 120 Anarchists, radicals, peaceniks and local youth joined together for an evening of remembrance of over 100 prisoners of the Amerikkkan Police State -- jailed freedom fighters who took militant action to end Apartheid, Capitalist exploitation, and ecocide. Their militancy was a direct response to atrocities committed along the warpath of U$ imperialism, not to mention forced colonization of aboriginal communities, some of whom may never exist again. On June 18, 1999, our anarchist comrade Robert Thaxton became the latest trophy for the EPD-- as he dispersed from a march through downtown on an international day of anti-capitalist action, where riotous anarchists evaded arrest for hours and fought for territory with the cops. Rob now faces the next 7 years of his life in Oregon's State Pen in Salem.-for bruising Sgt. Blackwell's shoulder! As the armed guard of Eugene's Business Elite, the EPD (and all cops) must flex its muscle to make the city safe for capital and industry. Intimidation and harassment are basic weapons in their psychological arsenal, and Monday night's march was no exception. Flaunting their newest "less than lethal" tools of repression, Seattle-style military maneuvering put us on the defensive early on. But we were determined to march, despite being constantly contained by police using their bicycles as shields and barricades. Inevitably, up to 10 unprovoked and brutal arrests were made of marchers who straggled behind the crowd, or for minor pedestrian infractions. Obviously, the EPD was intent on showing their readiness to use brute force last night, as a means of intimidation. Although the corporate media was intentionally not invited to last night's Birthday party, they showed up anyway, eager to sensationalize and marginalize anarchists. There should be no question who's interests they serve, judging from the typically cop-biased article in today's Register-Guard, in which individual acts were reported as those of the entire march. That the local mainstream media is complicit in an ongoing misinformation campaign of anarchists is evidenced by their reportage of the bush that caught fire -- after a candle-bearer was tackled by a commando-style EPD officer. Ultimately, anarchists see the mainstream media as more of a threat than a benefit. Generation of our own forms of media has always been our priority -- in the future we hope to disengage from the corporate-controlled media, who by its very nature is unable to tell the truth. Despite the EPD's show of force, we refuse to hide or back down. Anarchists and radicals are here to stay, and we are only getting wiser and more experienced with our resistance -- something for which we partly have the EPD to thank. Police intimidation and brutality are to be expected when we step outside of the state-sanctioned protest models of old, and make bold demands such as "Rob the Rich", "Arm the Poor" and "No Justice, No Peace- no Fascist Police". We are not asking the system to change- we want to see the abolition of the state and capitalism, and all their suffocating institutions. April 24 marked the beginning of the Springtime Revolt!, also known as Eugene Active Existence (EAE). EAE is not about campaigning against singular injustices, but rather building a community of resistance to the systems that produce them. June 18, 1999 marked a departure from the "protest as usual" epidemic-- a strategy that is quickly becoming irrelevant. Seattle was a taste of what is possible when we refuse to limit ourselves tactically. A spark of insurrection has ignited a fire, and the flames are growing stronger! FREE MUMIA! FREE ALL POLITICAL PRISONERS! ABOLISH THE PRISON INDUSTRIAL SYSTEM! No Justice, No Peace! Future Political Prisoners of America (FuPPA) GLOBAL ACTION pob 11331 Eugene, OR. 97440 (541) 302-5020 http://flag.blackened.net/global **INTERNATIONAL SUPPORT** via Anna Weekes South Africa Press Association and Independent Newspapers Robben Island service for Abu-Jamal April 24 2000 at 02:59PM An inter-faith church service calling for a halt to the execution of Philadelphian death-row prisoner Mumia Abu-Jamal will be held on Robben Island on Wednesday, said the Anglican Archbishop of Cape Town, Njongonkulu Ndungane on Monday. The service will also focus on a global need to commit to restorative justice. Abu-Jamal, a former Black Panther, is on death row in Pennsylvania for the 1981 shooting of a police officer. Abu-Jamal, 45, a one-time Black Panther and radio journalist, was convicted of fatally shooting a Philadelphia police officer after the officer stopped Abu-Jamal's brother for driving the wrong way down a city street. Abu-Jamal has repeatedly claimed his innocence and his cause has drawn international support, in part because of his 1995 book, Live From Death Row, about race and the justice system. Known as "the voice of the voiceless", Abu-Jamal was a leading critic of police violence against minority communities in Philadelphia. He has written extensively from his jail cell against the wars in Iraq, Kosovo and Colombia, and also about the racism of the American judicial system. The service on Robben Island will coincide with the opening of a poster exhibition of art dedicated to Abu-Jamal. The aim of this show, which will be travelling to galleries throughout South Africa, Europe and the United States, is to mount international pressure for a retrial. Ndungane said the service and the art show had been organised in association with Amnesty International at the request of the South African poet laureate and former political prisoner, Professor Dennis Brutus. "Very serious questions have arisen about Abu-Jamal's trial and the evidence used against him," said Ndungane. "The former radio journalist has been in solitary confinement for most of his imprisonment since 1982. It is only two years ago that an American court ruled this additional punishment of solitary confinement to have been unconstitutional." Ndungane, who will be the keynote speaker at the service, said it was of grave concern that South Africa, which had set an example to the rest of the world with its commitment to restorative justice was in dire danger of shifting towards retributive justice. Those taking part in the service which starts at 10am include Methodist Bishop James Gribble, Brutus and Judge Dennis Davis. Prayers will be led by Guru Krishna while Imam Rashid Omar and Father Peter-John Pearson will read from the Qur'an and the Bible. An Amnesty International candle will be lit by a former political prisoner on the island. - Sapa via Mark Clement Tuesday, April 25, 2000 5:22 Can anyone help with the information they are looking for? Cologne, 18th of April 2000 Hello Mark, as you probably know the solidarity movement in Germany has started an economic campaign against companies who invest or intend to invest in Pennsylvania. The campaign started with the demonstration for Mumia in Berlin last February, in which over 8.000 people participated, and is concentrating at present on two companies - Bayer (Leverkusen near Cologne) and Haribo (Bonn) On the 20th of May there will be a demonstration to the Bayer plant. The thrust of the demonstration will be a) compensation for forced labour used by Bayer during Nazi rule b) Mumia-Abu Jamal and c) Bayer as a global player. Unfortunately we do not have sufficient knowledge of the role of Bayer in Pennsylvanian (and US) politics and were hoping that you or someone else could be of assistance. We would like to know: - Does Bayer produce in any prison in the United States? - Do they receive subsidies from Pennsylvania? - Were/are they contributing to Ridge's election campaign or to the FOP? - Does Bayer produce the toxic substances used in executions? We would be most grateful for any information that we receive "Gruppe f=FCr die Freiheit der politischen Gefangenen" c/o Infoladen Ludolf-Camphausen-Str. 36 50672 K=F6ln/Germany e-mail: Infoladen.koeln@link-lev.de Thank you in advance and solidarity greetings from Cologne, Mumia Abu-Jamal solidarity group Cologne (end) ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytrc-04.27.00-22:10:01-14072