Forwarded message: Date: Tue, 8 Aug 1995 09:29:29 -0400 Reply-To: Progressive News & Views List <[EMAIL PROTECTED]> Sender: Progressive News & Views List <[EMAIL PROTECTED]> From: PNEWS <[EMAIL PROTECTED]> Subject: Legal Update 8/7/95 From: [EMAIL PROTECTED] Please Post! Remember a stay is only a temporary relief from the state's will to murder Mumia. We need to double and redouble our efforts. Mumia needs a new trial and to be free! The struggle continues! We must step up the pressure and demand a new trial for Mumia Monday, August 7, 1995 Common Pleas Court, Philadelphia Mumia Abu-Jamal Hearings before Judge Albert Sabo Report from Jamila Levi, Western PA Committee to Free Mumia, Pittsburgh 412-361-2889 Information contact International Concerned Family & Friends of Mumia Abu-Jamal, 215 476-8812 STAY OF EXECUTION GRANTED BY SABO! Amidst growing international pressure in support of Mumia Abu-Jamal, judge Albert Sabo saved face today by granting an indefinite stay of execution, thus lifting the August 17 deadline. The order reads, "While this court's order is not an expression of an opinion on the merits of the Defendant's motion for Post Conviction Belief, the law dictates that this court grant the Defendant ample time to have these proceedings reviewed by the highest court of this Commonwealth and the highest court of the United States. Therefore, since further appellate review is certain, the necessity of this order is obvious." This judicial stay means that Governor Ridge cannot sign another death warrant until a decision is reached by the highest court of the land. It is crucial to remember that this stay of execution does flat grant a new trial, nor does it overturn the death sentence. The momentum gathered must not be lost. The August 12 mobilization is thriving, and must be used as an opportunity to insist on a new and fair trial. The announcement came at 11:10 AM, after another morning of Sabo arguing with the defense and siding with the DA on which witnesses would be allowed to testify. The defense announced that a new witness must be brought in to testify; he is incarcerated in the western portion of the state and will provide eyewitness testimony that Mumia was not the shooter. He will be bought in later this week. Judge Sabo blocked the testimony of two more witnesses, returning to his demand that all witness names along with affidavits be submitted in advance, along with the reason for calling that specific witness and the exact issues that will be raised, allowing the DA to respond. The defense simply cannot comply fully with this demand, due to time constraints and the fact that certain witnesses such as police would-be unlikely to sign an affidavit. A letter was submitted to the court from the defense today, addressing the issue of quashed subpoenas and a motion for reconsideration. The defense contended that the court's repeated requests for "Xeroxed cases" are not made in good faith, and such requests are used to avoid the task of issuing rulings at the moment that such rulings are necessary for the orderly presentation of evidence. Court's hostility to the defense counsel was also addressed, a matter which "unfortunately may not be captured in the record, but has been widely reported by courtroom observers." The defense filed an amended petition which includes new evidence. Citing Brady v. Maryland which was reaffirmed recently by Kyle v. Whitely, the defense discussed introduction of evidence which was suppressed during the original trial. Issues include details about the concocted confession, the selective use of the polygraph, the FBI files, the failure to call cab driver Robert Harkins, the jury pool and jury misconduct, disparate application of the death penalty, the intrusion into the attorney-client relationship through the reading of confidential legal correspondence, and the expert testimony (blocked today) of Dr. John Lambert, who would have spoken about the psychological dynamics of death penalty litigation. About midmorning, Rev. Jessie Jackson arrived in the courtroom. Len Weinglass announced his presence to the court, adding, "He is here to offer counsel to Jamal; we would like you to offer him the opportunity to meet with Jamal during the break." Sabo responded that the matter would have to be taken up with the sheriff After a ten minute recess during which time the matter was raised with the sheriff, it was announced that the meeting had been approved. Five minutes later, Sabo said, "We still have the question of the stay of execution..." and he granted the stay. After lunch, arguments continued about witnesses. Sabo blocked the testimony of former police officer Giordanno and a psychologist who had flown in from Idaho to testify about the polygraph performed on Dessie Hightower. Defense argued that the Commonwealth should turn over the polygraph test so that this expert witness could analyze the results. Sabo teamed up with the prosecution, saying that it didn't matter whether Hightower had passed or failed the test, what mattered was only whether or not he was told he had failed. Court will reconvene on Wednesday-, August 9. Please remember that Tuesday, August 8, is the 17th anniversary of the 1978 confrontation by the city of Philadelphia against MOVE. While the legal team prepares to go back in court, our street action must remind the public that nine innocent MOVE members are serving 30-100 year sentences for a crime everyone knows they didn't commit. Mumia's truthful reporting about that confrontation and the MOVE trials is a strong example of his dedication to justice for all. -- Michael Golden [EMAIL PROTECTED] Department of Biology Grossmont College 8800 Grossmont College Drive El Cajon, CA 92020 619-465-1700 x332
