ムミア・アブ・ジャマルの再審請求を却下する動きが、ペンシルバニア州最高裁で出始めているようです。そして、リッジ知事は、「最高裁が再審請求を却下したら、（もしすれば、ではなく、したら、と言っているnot if, but when）死刑執行命令書に署名する」と述べたと伝えられています。
事態は予断を許さなくなっています。
支援者達は、緊急のカンパと動員体制および、抗議行動などを呼びかけています。
州最高裁が棄却し、知事がサインすると、ムミアはフェイズ２と呼ばれる執行体制に組み込まれ、メディア等との接触を断たれることになります。残されるのは連邦裁判所への人身保護令状請求だけとなり、これが棄却されれば知事の恩赦がないかぎり執行されてしまいます。就任当初からムミアの執行に執念を燃やしてきたリッジ知事が恩赦する事はまず考えられません。
以下、この件についての緊急のレポートです。全文を翻訳する時間がいまありません。
From: Mumia@aol.com
Date: Thu, 20 Feb 1997 00:08:23 -0500 (EST)
Subject: From International Concerned Family and Friends of Mumia Abu-Jamal URGENT CALL T
Sender: owner-spg-l@asterix.xs4all.nl
URGENT CALL TO ACTION
ALL THE SIGNS SHOW THAT THE PA STATE SUPREME COURT IS GETTING READY TO TURN MUMIA'S APPEAL FOR A NEW TRIAL DOWN:
Governor Ridge is on record saying that when (not if, but when) the PA State Supreme Court turns Mumia's appeal for a new trail down he WILL SIGN A NEW DEATH WARRANT.
This will place Mumia in Phase II custody.
Then the only recourse is to file for a stay in the Federal Courts and then file for a Federal Writ of Habeas Corpus. If this is turned down Mumia could be executed immediately.
The Fraternal Order of Police and State Representative Michael McGeehan and other officials have gone on record stating that if Mumia gets a new trial he would be set free.
We believe this is the course that Pennsylvania is taking based on the following facts and recent actions by the Department of Corrections.
In the Summer of 1995 Judge Albert Sabo threw out all the evidence presented in the Post Conviction Relief Petition. He actually stopped the hearing while Mumia was presenting his case. The hearing was never completed. Sabo denied the request for a new trial.
Mumia's lawyers then filed an appeal of this decision in the PA State Supreme Court not only demanding a new trial for Mumia but to recuse Judge Sabo.
In September 1996 A witness Veronica Jones came forward to recant her original testimony stating that she had been intimidated by the police. This new development (her affidavit was filed as an addendum to the appeal). This new testimony is automatic grounds for a new trial if it is entered into the record.
In December Mumia filed another brief demanding a complete dismissal of his case based on Judge Ambrose's decision.
[The district court issued, inter alia, the following findings of fact in support of its conclusion that the Commonwealth "actually injured" Jamal by violating his sixth and fourteenth amendment rights:
1. Following the interception, opening and reading of Plaintiff's attorney-client mail, all communications between Plaintiff and his lawyer, even those marked "confidential/attorney-client" were conducted "with the expectation" that they would be "opened and reviewed." (September 5, 1995 HT at 56) (Docket #: 50)
2. The reading of Plaintiff's attorney-client mail by state officials "interfered entirely" with counsel's ability to represent Plaintiff during his collateral appeal. (id. at 102)
3. Plaintiff's counsel considered it important to file Plaintiff's Petition for Post-Conviction Relief in the state court prior to the Governor's signing of a warrant of execution. Counsel failed in this effort, untimely filing the petition "two or three days" after the warrant was signed. Among a number of factors responsible for this delay was the unwillingness of counsel and of Plaintiff to communicate freely by mail after having been informed that legal mail had been opened by prison officials. (September 6, 1995, HT at 37) (Docket #: 51)
Abu-Jamal v. Price (W. D. Pa. December 4, 1996), pp. 2-3.] Part of Actual Decision
December 1996, The DA then filed a reply briefs with the PA State Supreme Court answering these briefs
December 6, 1996 the publication of Mumia痴 new book Death Blossoms On February 3, 1997, the State Supreme Court rejected the reply brief Mumia filed on Veronica Jones. The following is a short summary on how briefs are handled.
Briefs are filed in the following order: First an opening brief is filed. Mumia did this on Veronica and the Court accepted it. Then the opponent files an answering brief. The DA did that and it contained scurrilous misrepresentations concerning Veronica and her hearing. Mumia then filed a reply brief in an effort to set the record straight. It was that brief that the Court has now rejected. Why? No reason given. Our guess was that perhaps the Court does not accept reply briefs on supplemental filings. However, there does not seem to be any Rule to that effect.
February 10th Mumia's legal team was informed that the DA is moving to also strike Mumia's reply on the Ambrose issue. We fear this will be granted as well,
DESPITE THE FACT THIS DECISION BY JUDGE AMBORSE IS GROUNDS FOR COMPLETE DISMISSAL OF THE CASE ACCORDING TO PENNSYLVANIA LAW.
AT THE VERY LEAST MUMIA SHOULD BE GRANTED A NEW TRIAL!
On Thursday, February 13th Mumia Abu-Jamal was notified by the authorities at SCI Greene that he would have to cut off his waist length uncombed hair or face disciplinary detention at a hearing to be held in 10 days. If placed in disciplinary detention Mumia would not be allowed any visits other than immediate family once a month and no phone calls at all.
Mumia wears his hair in natural "dreadlocks" for religious reasons just as other prisoners wear religious head coverings. He has worn his hair this way for the 16 years he has been held captive. In 1985, immediately after the bombing of the MOVE house in Philadelphia, Mumia was ordered to cut his hair.
He refused, and was thrown into "the hole" until 1992 when major protests world wide forced then Gov. Casey rescinded the order .
Sunday February 16th Mumia's attorney, Jere Krakoff of Pittsburgh, who is handling his Federal civil suit that gave us the Ambrose's decision, was barred from visiting Mumia on the pretext that he wasn't on his attorney list. The Prison knew him well because he subpoenaed Superintendent Price and other prison personnel for the suit that Judge Ambrose decision refers to. He has visited Mumia as his attorney on six previous occasions.
Chris Zimmerman, a member of the Bruderhof community and the Pennsylvania Prison Society was grabbed and thrown out of the prison following a visit. He has now been permanently barred from the Pennsylvania Prison system.
Chris is a Mumia supporter and visited Mumia.
Recently Mumia was handed a letter on legal matters sent by his attorney Leonard Weinglass, where the envelope had been torn open and the words "cop killer" were written across the front. This is a direct violation of Judge Ambrose's order.
MUMIA WILL NOT CUT HIS HAIR!
Why is this same harassment happening now?.
1. The Judge Ambrose decision denying the State's appeal in the Civil Suit.
2. The possible announcement of new adverse decisions by the Pennsylvania State Supreme Court. The placing Mumia in Disciplinary Custody would cut off his phone privileges and his access to the media completely. Acting like an "official gag."
3. The publication of Mumia's new book Death Blossoms. This time officials may not wish to attack him directly for writing a book, and are looking for other ways to silence Mumia because of the Ambrose decision above and because his case is now before the State Supreme Court and this will keep Mumia silent before they go to court and Gov. Ridge signs a new DEATH WARRANT!.
These outrages must be responded to immediately. In addition to mounting visible public protest, prominent people, religious and governmental officials must be called on to speak out.
SEND YOUR FAXES, LETTERS E-MAIL AND MAKE PHONE CALLS TO:
Martin F. Horn, Secretary
Commissioner, PA. Dept. of Corrections
Department of Corrections
2520 Lisburn Road
P. O. Box 598
Camp Hill, PA 17001-0598
717-975-4859 - Tel
717-977-0132 fax
World Wide Web Page: http://www.state.pa.us/PA_Exec/Corrections/overview.html E-Mail to State of Pennsylvania: webmaster@state.pa.us
SCI Greene
Acting Superintendent Varner
SCI Greene
1030 East Roy Furman Hwy.
Waynesburg, PA 15370-8020
Phone 412-852-2902
Fax 412-852-2909
Contact Judge Ambrose to let her know that the Prison Authorities are violating her court order. She needs to bring the prison authorities up on punitive action now or they will continue break the law without punishment
Judge Donetta Ambrose
6th Floor
US Court House
Pittsburgh, PA 15219
Voice 412-644-3572
Fax 412-644-5969
Call them and ask them what they are doing to stop this harassment?
ACLU - Pittsburgh Office
Witold Walczak
ACLU
237 Oakland Ave.
Pittsburgh, PA 15213
Voice 412-681-7864
Fax 412-681-8707
Call them and tell them to get involved with this whole struggle around the
harassment of Mumia and the banning of their member Chris Zimmerman
The Pennsylvania Prison Society
215-564-6005
WHAT YOU CAN DO TO HELP
International Concerned Family and Friends of Mumia Abu-Jamal believes that
these are not encouraging signs, and these actions by the Court only
emphasizes the need for:
FUND RAISING: A much stronger push for raising more funds. The
investigations are continuing and cost money. We need funds for telephone,
copy service, stamps, sound equipment, travel and other organizing expenses.
MOBILIZATION AND DEMONSTRATIONS: We need to be ready to come to
Philadelphia at a moments notice to demand a new trial for Mumia. Organize
and have busses reserved now!
OUTREACH AND ORGANIZATION: We need to redouble our efforts and intensify
this struggle. We need to reach out to celebrities, Religious groups, Campus
organizations, schools, Unions and get people ON THE MOVE! To SAVE MUMIA NOW!
For Further information call:
International Concerned Family and Friends of Mumia Abu-Jamal at:
Pam Africa 215-476-8812
Susan Burnett 203-847-6721
Please send copies of protest letters to the International Concerned Family &
Friends of Mumia Abu-Jamal, PO Box 19709, Philadelphia, PA 19143.
Phone 215-476-8812;