Update on Mumia's Pending Appeal
From Gloria Rubac:
Dear Friends:
We continue to await a decision from the U.S. Court of Appeals for the Third
Circuit, Philadelphia, concerning my client, Mumia Abu-Jamal. This complex
case was orally argued before a three-judge panel on May 17, 2007, following
extensive litigation which included voluminous briefing and motions. In my
experience of successfully defending a large number of murder cases
involving the death penalty, it was a great day.
It is impossible to know what the federal court ruling will be. If the
judges follow the law and fairly apply the U.S. Constitution, we will win.
As to when, long ago I projected a decision would be forthcoming this fall;
it could come any day. One thing is certain: whomever loses will seek a
rehearing and petition the U.S. Supreme Court.
I have previously described the different rulings that the federal court
could make. Nevertheless some people have recently sent out e-mail
containing false information. Contrary to their claim, the federal court
cannot impose a sentence of "life in prison without parole". Only a jury
verdict could result in such an outcome, unless in the event of a penalty
reversal the prosecution elected not to seek the death penalty. Likewise
the court unfortunately cannot order that Mumia be released, for that would
require a new guilt-phase jury trial and a favorable verdict which is
certainly our goal. To once more clarify the legal situation, the scenarios
of how the U.S. Court of Appeals might rule include:
- Grant an entirely new jury trial of the guilt phase;
- Order a new jury trial limited to the issue of life or death;
- Remand the case back to the U.S. District Court for further proceedings;
or
- Deny all relief.
Racism, fraud, and politics are threads that have run through this case
since Mumia's 1981 arrest. The issues in this matter concern the right to a
fair trial, the struggle against the death penalty, and the political
repression of an outspoken journalist.
Mumia's objective is a reversal of the murder conviction and death sentence,
and the granting of an entirely new trial. At the end of that jury trial I
expect to win and see my client freed so that he can finally go home to his
family.
Thank you for your interest in this campaign for human rights.
Yours very truly,
Robert R. Bryan
Law Offices of Robert R. Bryan
2088 Union Street, Suite 4
San Francisco, California 94123-4117
Lead counsel for Mumia Abu-Jamal
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