Update on Mumia's case from Robert R. Bryan, lead counsel (unedited)

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Dear Friends,
Mumia's case is so important, politically and legally, to all of those on
death rows across the country, to all political prisoners, and all
revolutionary and progressive activists.

This letter is from his attorney explaining the recent state court ruling
and the federal court appeal that was heard last May 17.

We must be ready to respond to the 3rd Circuit's ruling whenever it comes
out.

Liberation Now!
Gloria

March 10, 2008

Dear Friends:

This is an update on the case of my client, Mumia Abu-Jamal, who has been on
Pennsylvania’s death row for over a quarter of a century.

U.S. Court of Appeals for the Third Circuit, Philadelphia We continue to
await the decision of the U.S. Court of Appeals for the Third Circuit. I am
in contact with the court, and will alert everyone immediately upon the
issuance of a ruling. Oral argument was on May 17, 2007, thus people ask
why the court is taking so long. This is a highly complex case involving
issues of great constitutional significance and a voluminous amount of
material. In three decades of successfully defending people in numerous
murder cases involving the death penalty, I have not seen one more
complicated.

It is impossible to know how the federal court will rule, but the briefing
and arguments could not have gone better even though there have been
problems due to mistakes by prior counsel. If the federal court follows the
mandate of the U.S. Constitution, the decision should be favorable.
However, Mumia's remains in jeopardy because courts are so unpredictable.

The pending issues, as set out in our federal briefing, are:


*

Whether Mr. Abu-Jamal was denied the right to due process of law and
a fair trial under the Fifth, Sixth and Fourteenth Amendments because of the
prosecutor’s “appeal-after-appeal” argument which encouraged the jury to
disregard the presumption of innocence and reasonable doubt, and err on the
side of guilt.
*

Whether the prosecution’s use of peremptory challenges to exclude
African Americans from sitting on the jury violated Mr. Abu-Jamal’s rights
to due process and equal protection of the law under the Sixth and
Fourteenth Amendments, and contravened Batson v. Kentucky, 476 U.S. 79
(1986).
*

Whether the verdict form and jury instructions that resulted in the
death penalty deprived Mr. Abu-Jamal of rights guaranteed by the Eight and
Fourteenth Amendments to due process of law, equal protection of the law,
and not to be subjected to cruel and unusual punishment, and violated Mills
v. Maryland, 486 U.S. 367 (1988), since the judge precluded the jurors from
considering any mitigating evidence unless they all agreed on the existence
of a particular circumstance.
*

Whether Mr. Abu-Jamal was denied due process and equal protection of
the law under the Sixth and Fourteenth Amendments during post-conviction
hearings as the result of the bias and racism of Judge Albert F. Sabo which
included the comment that he was “going to help 'em fry the nigger”.

There are many scenarios of how the federal court might rule. Among these
are: (1) grant an entirely new jury trial; (2) order a new jury trial
limited to the issue of life or death; (3) remand the case back to the U.S.
District Court for further proceedings; or (4) deny everything, thereby
leaving the death judgment intact.

Pennsylvania Supreme Court For over two years we have been litigating
issues in the Pennsylvania Supreme Court regarding the prosecution falsely
manipulating eyewitness testimony and fabricating evidence. Recently the
court denied relief. (Commonwealth v. Abu-Jamal, ___ A.2d ___, 2008 WL
434567 (Pa. Feb. 19, 2008) .) Mumia and I talked just after the ruling on
February 19, and I then issued the following public statement:

"Mumia and I had a long conference this afternoon, shortly after the
Pennsylvania Supreme Court made its ruling. We were not surprised since that
court has a history of not addressing the racism and fraud that has
dominated the prosecution since its inception over a quarter of a century
ago. By dismissing the appeal on procedural grounds, the court avoided
dealing with the compelling facts establishing that the prosecution of my
client was based upon lies, half-truths, and bigotry. It is sad that the
state court used possible mistakes of the previous lawyers in the case as an
excuse to dodge the truth.

This state ruling has no bearing on the proceedings pending in the U.S.
Court of Appeals for the Third Circuit. If the federal decision is
favorable, then the Pennsylvania Supreme Court judgment will be moot.
Otherwise, I plan to seek relief in the U.S. Supreme Court. I will not rest
until Mumia is free."

Germany On January 12, 2008, I spoke on behalf of Mumia at the annual Rosa
Luxemburg Conference in Berlin. As I concluded, the thousands in attendance
gave a long and enthusiastic ovation. It was a nice tribute to my client
who has become a symbol in the international struggle against the death
penalty and human-rights abuses. Mumia asks that I convey his gratitude to
the many good people in Germany who work so tirelessly for justice. These
include especially his longtime German publisher and confidant Jürgen
Heiser, the human-rights attorney Eberhard Schultz, Sabine Schubert, Petra
Siemering, Victor Grossman, George and Doris Pumphrey, the distinguished
actor Rolf Becker, the renowned Berlin filmmaker Thomas Giefer, the
prominent writer Sabine Kebir, and German PEN.

France Professor Claude Guillaumaud-Pujol has written an excellent book,
Mumia Abu-Jamal, un homme libre dans le couloir de la mort, which was
published late last year. It has Mumia's endorsement, and has sold well.
Claude has donated the proceeds from her book to help the defense of Mumia
in our struggle for his freedom. The author represents the highest standard
in the movement for she is totally committed to justice and the freedom of
Mumia, and does not seek to exploit my client. Mumia expresses his
gratitude to Claude, Jacky Hortaut, Mireille Mendes-France, Jacques Lederer,
the Collectif Unitaire National de Soutien à Mumia Abu-Jamal, Senator Nicole
Borvo Cohen-Seat, the Paris Bar, and the many others in France who have done
so much.

England Mumia asked that I also thank Niki Adams, the legendary Selma
James, and their colleagues at the Legal Action for Women, London, for their
ongoing work on behalf of justice not only in England but throughout the
world. I am particularly indebted for their extraordinary commitment that
has resulted in programs on Mumia in the Inns of Court and other British
venues, a petition for justice and a new trial signed by over 100 prominent
lawyers there, and drawning public attention to the injustice in this case.
And, of course, the efforts of Ian Mcdonald QC, Garden Court North Chambers,
an outstanding barrister and friend, have been significant.

In Prison My Whole Life, British film The new documentary film on Mumia, In
Prison My Whole Life, has been shown at a number of prestigious film
festivals, e.g., International Film Festival & Forum on Human Rights,
Geneva, Switzerland; Sundance Film Festival; Belfast Film Festival; London
Film Festival; Rome Film Festival; Copenhagen International Film Festival;
Dublin International Film Festival. It was also recently screened by
members of the House of Commons, London. Mumia and I are grateful to Colin
and Livia Firth, and their associates, for having the courage to make this
extraordinary film. They have my full support and that of my client, for
this worthwhile film which deals with the larger issues of the death
penalty, racism and injustice.


Donations in the United States for Mumia's Legal Defense With Mumia's
authorization, a process exists which guarantees that U.S. donations go only
to the legal defense, and are tax-deductible. Checks should be made payable
to the National Lawyers Guild Foundation (indicate "Mumia" on the bottom
left), and mailed to:

Committee To Save Mumia Abu-Jamal

P.O. Box 2012

New York, NY 10159-2012

Conclusion The issues in this case concern the right to a fair trial, the
struggle against the death penalty, and the political repression of a
courageous writer and journalist. My goal is to win a new and fair trial
for Mumia, and a jury acquittal upon his retrial. I want him to go home to
his family. Nevertheless, Mumia is in great danger, for if all is lost he
will be executed. We must never forget that racism, fraud, and politics are
threads that have run through this case since the beginning and continue
today.

Your interest is appreciated.

Cordially yours,

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