The Legal Ordeal of Mumia Abu-Jamal
Pam Africa asked the United African Movement for assistance in 1995. Pennsylvania had agreed to accord Mumia Abu-Jamal a post-conviction hearing to be decided by the same judge who had accorded Mumia a kangaroo trial in 1982.
Judge Albert Sabo, who was associated with the Fraternal Order of Police, has sent more people to death row than any other judge in the country. His assignment to this case, on its face, amounted to a conflict-of-interest.
In 1981, Mumia had moonlighted as a cab driver to supplement his income to ensure that Blacks enjoy a free press. He had also been a member of the Black Panther Party and was committed to fair reporting, as a journalist, including his reporting of MOVE which was at the center of controversy in Philadelphia.
The Philadelphia Police Department got an opportunity to strike back on December 9, 1981 at approximately 4:00 a.m. Mumia heard gunshots after he had dropped off a fare and was parked at 13th and Locust Streets.
He observed a uniformed police officer, Daniel Faulkner, lying on the ground. A uniformed police officer shot Mumia without any justification. Faulkner died and Mumia was arrested and hospitalized. He had been set up and his pre-determined, murder conviction would arrive in 1982.
In addition to being framed, Mumia was assigned a Black attorney who reported directly to Judge Sabo in contravention of the attorney-client privilege and rights under the Sixth Amendment. Mumia requested that John Africa, founder of MOVE, represent him. This application was denied.
The upshot was that Mumia would be the victim of an age-old problem the lack of legal representation. This was the result in Powell v. Alabama which was reviewed by the U.S. Supreme Court. The nominal right of legal representation was upheld.
Any attorney who competently and zealously represented an unpopular Black person would be attacked. See the case of Tennessee v. Ed Johnson. The only option for an attorney is to work for the prosecution against his or her own client.
The evidence, supposedly against Mumia, was rife with inconsistencies. Faulkner was shot with a .44 caliber handgun. Mumia’s legally registered weapon was a .38 caliber handgun. To make matters worse, no test was administered to see if his hands had gunpowder residue. This inconsistency in ballistics was kept from the jury.
At trial, a police officer testified that Mumia had confessed at the hospital although his police report read, “The Negro male made no comments.” This belated “confession” was never published until two months after the arrest. The attending physician said he never heard Mumia engage in any conversation with anybody.
The star witness against Mumia was Cynthia White, a prostitute. No other witness saw her at the crime scene. In an earlier trial of Mumia’s brother, Billy Cook, White testified that someone was at the crime scene who had fled before the police arrived.
Pamela Jenkins, in a 1997 hearing, testified that White was a police informant. White’s status was kept from the jury. Other witnesses later stated that the police had altered their accounts of December 9, 1981. Judge Sabo had his head in the sand.
An unpopular Black defendant is not only routinely denied legal representation but he or she has to face a well-organized police union like the FOP in addition to a pro-police prosecutor and a biased judge. The conviction was pre-arranged.
In 2001, the court stenographer came forward and stated that in 1982 Judge Sabo said, “Yeah, and I am going to help them fry the nigger.” When a defendant is Black and unpopular, judges are routinely shielded from judicial inquiries.
To save face, Pennsylvania has to keep Mumia behind bars. The federal judiciary has aided and abetted the Commonwealth. So far, Mumia has received limited relief in the federal courts. A federal court has held that Mumia is entitled to a new hearing but only on the question of sentencing. This limited hearing will keep the lid on the exculpatory evidence.
Throughout this ordeal, Mumia has enjoyed the perennial and undivided support of Pam Africa who is a veteran of struggle and an uncompromising voice. Pam Africa has demonstrated an ability to engage in protracted struggle and to keep the pot stirred. She is a survivor of the attack on MOVE. History repeated itself in Philadelphia on May 13, 1985. Compare Tulsa, OK 1921.
Pam Africa asked the United African Movement for assistance in 1995. Pennsylvania had agreed to accord Mumia Abu-Jamal a post-conviction hearing to be decided by the same judge who had accorded Mumia a kangaroo trial in 1982.
Judge Albert Sabo, who was associated with the Fraternal Order of Police, has sent more people to death row than any other judge in the country. His assignment to this case, on its face, amounted to a conflict-of-interest.
In 1981, Mumia had moonlighted as a cab driver to supplement his income to ensure that Blacks enjoy a free press. He had also been a member of the Black Panther Party and was committed to fair reporting, as a journalist, including his reporting of MOVE which was at the center of controversy in Philadelphia.
The Philadelphia Police Department got an opportunity to strike back on December 9, 1981 at approximately 4:00 a.m. Mumia heard gunshots after he had dropped off a fare and was parked at 13th and Locust Streets.
He observed a uniformed police officer, Daniel Faulkner, lying on the ground. A uniformed police officer shot Mumia without any justification. Faulkner died and Mumia was arrested and hospitalized. He had been set up and his pre-determined, murder conviction would arrive in 1982.
In addition to being framed, Mumia was assigned a Black attorney who reported directly to Judge Sabo in contravention of the attorney-client privilege and rights under the Sixth Amendment. Mumia requested that John Africa, founder of MOVE, represent him. This application was denied.
The upshot was that Mumia would be the victim of an age-old problem the lack of legal representation. This was the result in Powell v. Alabama which was reviewed by the U.S. Supreme Court. The nominal right of legal representation was upheld.
Any attorney who competently and zealously represented an unpopular Black person would be attacked. See the case of Tennessee v. Ed Johnson. The only option for an attorney is to work for the prosecution against his or her own client.
The evidence, supposedly against Mumia, was rife with inconsistencies. Faulkner was shot with a .44 caliber handgun. Mumia’s legally registered weapon was a .38 caliber handgun. To make matters worse, no test was administered to see if his hands had gunpowder residue. This inconsistency in ballistics was kept from the jury.
At trial, a police officer testified that Mumia had confessed at the hospital although his police report read, “The Negro male made no comments.” This belated “confession” was never published until two months after the arrest. The attending physician said he never heard Mumia engage in any conversation with anybody.
The star witness against Mumia was Cynthia White, a prostitute. No other witness saw her at the crime scene. In an earlier trial of Mumia’s brother, Billy Cook, White testified that someone was at the crime scene who had fled before the police arrived.
Pamela Jenkins, in a 1997 hearing, testified that White was a police informant. White’s status was kept from the jury. Other witnesses later stated that the police had altered their accounts of December 9, 1981. Judge Sabo had his head in the sand.
An unpopular Black defendant is not only routinely denied legal representation but he or she has to face a well-organized police union like the FOP in addition to a pro-police prosecutor and a biased judge. The conviction was pre-arranged.
In 2001, the court stenographer came forward and stated that in 1982 Judge Sabo said, “Yeah, and I am going to help them fry the nigger.” When a defendant is Black and unpopular, judges are routinely shielded from judicial inquiries.
To save face, Pennsylvania has to keep Mumia behind bars. The federal judiciary has aided and abetted the Commonwealth. So far, Mumia has received limited relief in the federal courts. A federal court has held that Mumia is entitled to a new hearing but only on the question of sentencing. This limited hearing will keep the lid on the exculpatory evidence.
Throughout this ordeal, Mumia has enjoyed the perennial and undivided support of Pam Africa who is a veteran of struggle and an uncompromising voice. Pam Africa has demonstrated an ability to engage in protracted struggle and to keep the pot stirred. She is a survivor of the attack on MOVE. History repeated itself in Philadelphia on May 13, 1985. Compare Tulsa, OK 1921.
posted by Attorney Alton Maddox at 7:45 PM
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