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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 07:59 AM
Original message
Ruling near on Abu-Jamal jury
Source: Philly Inquirer


A U.S. court is weighing race and other issues in death sentence.

In the nearly 26 years since his conviction for the murder of Officer Daniel Faulkner, the international tempest over Mumia Abu-Jamal has fixed primarily on this question: Did he do it, or was he framed by Philadelphia police?

Yet inside the chambers of the U.S. Court of Appeals for the Third Circuit, Abu-Jamal's innocence or guilt is not the issue. Since May, three judges have been weighing whether to reinstate his death sentence, overturned in 2001. If they do, his last hope will be the U.S. Supreme Court, which hears fewer than 2 percent of all petitions filed each year.

...

The subject of racial discrimination in jury selection dominated the spirited oral argument in May between Abu-Jamal's legal team and the Philadelphia District Attorney's Office before the Third Circuit panel.

...

He also could be awarded a new trial, though most do not expect that. Any ruling in Abu-Jamal's favor would likely prompt the District Attorney's Office to ask the Supreme Court to intervene.

Philidelphia Inquirer


Read more: http://www.philly.com/philly/hp/news_update/20080127_Ruling_near_on_Abu-Jamal_jury.html
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 09:26 AM
Response to Original message
1. Mumia has never explained what happened that night. I wish he would.
We've never heard from his mouth an account of what actually happened. He stayed silent on the events of that night at the time, and has done for 26 years. That has never sat well with me. He could help to clear up all the conflicting accounts of what happened, but he has chosen not to. He seems to want to preserve the mystery.
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flashl Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 10:36 AM
Response to Reply #1
2. That question will surely be answered after the constitutional questions raised are answered.
The Third Circuit's decision, expected soon, will be based on knotty constitutional questions relating to the fairness of his 1982 trial in Philadelphia Common Pleas Court and subsequent state appeals:


  • Were the jury instructions confusing?
  • Was the trial judge biased in a later hearing?
  • In addressing the jury, did the prosecutor downplay the likelihood of a capital sentence's ever being carried out?
  • And - a key contention in Abu-Jamal's appeals - were African Americans purposely excluded from the jury?


He was convicted by 10 white and two black jurors on July 2, 1982. They sentenced him to death the next day.
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 03:24 PM
Response to Reply #2
4. The question can only be answered by Mumia.
What really happened that night, and why, has nothing to do with knotty constitutional questions.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 12:32 PM
Response to Reply #1
3. Or his brother - he also has never spoken
Edited on Mon Jan-28-08 12:33 PM by RamboLiberal
Although one Jamal supporter claims Mumia admitted in prison to him that he regretted shooting Officer Daniel Faulkner.

I've read a lot on this trial through the years and I'm of the opinion Mumia did the crime. I also think he got a fair trial and jury and he did quite a bit himself to sabotage his own trial.
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 03:52 PM
Response to Reply #3
5. Yes, he put on quite a show, in true MOVE fashion.
He wanted the trial to be a spectacle and it was. This city was still in the mode of not knowing how to handle MOVE, and MOVE was able to manipulate city officials to react badly—and boy, did they, big time. I started out sympathetic to him. His fellow journalists liked & respected him (I was hanging out with reporters at the time, and was at the press bar that night when a reporter came in to say Mumia had been shot), and the police force here did have a history of brutality, but he seemed more interested in making the trial pure theater than in clearing his name. I know he wasn't legally obligated to testify in his own defense, but I just couldn't get past how, if it had been me, I would've been dying to tell my side of the story. He never seemed to want to do that. It's not that I buy the police's story either, they obviously bungled things (in true Philadelphia fashion), but Mumia does not have my full sympathy. I think he's where he wants to be, a symbol and a martyr to a movement. All those Hollywood actors and international supporters should've been here for the whole thing, I think they might have a different take on Mumia as martyr.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Jan-28-08 04:37 PM
Response to Reply #5
6. I agree - Philly cops were notorious and still are
for brutality. I could've understood that Mumia went to the defense of his brother being beaten by the cop since it was in the testimony of the witnesses that his brother struck Faulkner and Faulkner swung back with either his flashlight or baton. Now that didn't excuse Mumia shooting Faulkner.

But instead Mumia and MOVE made a spectacle of the trial and neither he nor his brother ever explained what happened that night. The silence of the brother is what has always puzzled me.

IMHO the celebrities who picked this case picked the wrong one for racial injustice and as protest against the death penalty.

I can't say whether Faulkner was a good or a bad cop but I've always felt bad for his widow Maureen who has endured a lot of crap from many of the Mumia supporters.
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wintersoulja Donating Member (390 posts) Send PM | Profile | Ignore Mon Jan-28-08 09:40 PM
Response to Reply #5
8. MOVE had themselves and a city block bombed?
Edited on Mon Jan-28-08 10:05 PM by wintersoulja
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Mon Jan-28-08 10:12 PM
Response to Reply #8
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Name removed Donating Member (0 posts) Send PM | Profile | Ignore Mon Jan-28-08 09:35 PM
Response to Reply #3
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pdcsupporter Donating Member (1 posts) Send PM | Profile | Ignore Tue Jan-29-08 07:55 PM
Response to Reply #1
10. Actually, he has.
Mumia's affidavit describes exactly what he did and didn't see. The linked pamphlet also includes the affidavit of Arnold Beverly, whose confession has not been admitted into evidence by the courts. There's a great fact sheet on Mumia which goes through what happened that evening in detail, along with citations to all the appropriate legal documents.
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Demit Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-30-08 06:25 AM
Response to Reply #10
11. Thanks for that. I wouldn't have known about his affidavit if you hadn't posted.
Now I'm wondering why he waited 20 years to make it. Understand, I'm not without sympathy for him, I'm just yearning to see the facts of the original story stressed, rather than being told that I must automatically support him because the system is racist. What interests me in having read the fact sheet you link to is the assertion that Officer Faulkner was targeted by the mob. That would've been a GREAT story, but I don't remember any reporters following that down at the time—and the early 80s was a time of great Mafia upheaval in Philadelphia, and reporters were all over it, after Angelo Bruno was murdered in 1980. There would have been reporters who'd have loved to write an exposé like that.

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NoGOPZone Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-30-08 12:57 PM
Response to Reply #11
13. There are several reasons why this is an important hearing
not the least of which is that it involves fair trial issues at a time when our civil rights are threatened. At least two of the issues the appeals court is going to consider, were the jury instructions confusing and did the prosecutor downplay the likelihood of a captial sentence, may possibly affect defendants in the future regardless of race. As the article states, the issue in this hearing is not Muima's guilt or innocence.
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RamboLiberal Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Jan-30-08 11:17 AM
Response to Reply #10
12. And what about Mumia sitting on the curb
Edited on Wed Jan-30-08 11:22 AM by RamboLiberal
Faulkner's bullet in his chest. Mumia's revolver which was proven to be his empty and with a shoulder holster on? And why did it take till 1999 for him and his brother to start declaring his innocence?

Sorry but I think the Mumia puts out a lot of conspiracy crap that they cherry-pick like the 9-11 conspiracies of explosives in the WTC towers and a plane didn't hit the Pentagon.

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