PHILADELPHIA
(FinalCall.com)�The day before Thanksgiving, a Philadelphia
judge denied a state court appeal for Mumia Abu-Jamal.
Mr. Jamal was convicted of killing city police officer
Daniel Faulker in 1982 and given the death penalty. Since that time Mr.
Jamal, an award-winning journalist and ex-Black Panther, has emerged as
an international cause for death penalty opponents, who argue he did not
have a fair trial and is innocent.
Common Pleas Court Judge Pamela Dembe ruled Mr. Jamal�s
appeal filed in August, by his new legal team, did not fall within
deadlines set by the Pennsylvania legislature. Her decision will be
reviewed by the Pennsylvania Supreme Court, once Mr. Jamal�s lawyers
file an immediate appeal. Losing in that court will exhaust his state
appeals, and only leave ongoing appeals at the federal level.
Mr. Jamal�s appeal centers around a 1999 confession by
Arnold Beverly, who signed an affidavit and took a lie detector test
confessing that he fatally shot Officer Faulkner.
Judge Demby in her 24-page order stated that Mr. Jamal
failed to direct his attorneys to bring the confession to the attention
of the court or to do so himself.
She wrote: "The defendant is a literate and articulate
man who has participated actively in his case from its inception. There
can be no argument that he is or was unable to articulate or write a
petition."
The judge�s decision drew immediate international
protest. A letter written to the court by the International Association
of Democratic Lawyers, a professional organization of lawyers and
jurists in over 90 countries, obtained by The Final Call, was
scathing in its denunciation of the judge�s decision.
It read in part, "Recently Arnold Beverly has come
forward to confess that he committed the murder and has agreed to
testify on behalf of Abu-Jamal. When advised of this fresh evidence as
well as other newly discovered information that support Abu-Jamal�s
exoneration, the Philadelphia District Attorney is arguing that the
Pennsylvania Courts have no jurisdiction to schedule a hearing for the
presentation of exculpatory testimony and other evidence that supports
Mumia Abu-Jamal�s innocence, as if there were a statue of limitations on
evidence which can prove the innocence of someone on death row."
What many activists are arguing is that Judge Dembe is
hiding behind procedural technicalities. Pam Africa, head of the
International Concerned Family and Friends of Mumia Abu-Jamal, called
the decision cowardly.
"During the hearing she requested Mumia�s lawyers break
his post-conviction appeal down to 15 pages that would convince her that
he has a right to a post-conviction hearing. His lawyers did that. Here
comes the day before Thanksgiving, in a cowardly move Judge Dembe claims
she has no jurisdiction. If she had no jurisdiction what was everybody
doing sitting in her court room on Aug. 17?" Ms. Africa asked.
"What that woman did, she didn�t do it out of power, she
did it out of fear. Because if she was doing something out of power, she
clearly would not have made that statement on Aug. 17. She did it out of
fear and the fact that she is wrong. "All this does is further prove to
the people that this government is in a conspiracy to commit cold
blooded murder," Ms. Africa stated.
A letter written by the International Association of
Democratic Lawyers concluded, "To condone the execution of an innocent
man by excluding newly found exculpatory evidence because of alleged
procedural technicalities would constitute a gross violation of
internationally recognized standards of due process including Article 14
of the International Convention on Civil and Political rights."
The Final Call attempted to contact the District
Attorney�s Office for comment but found them unavailable due to a
holiday office closing.
Ms. Africa said her organization is planning a
large-scale rally on Dec. 8.
Due to negative publicity and adverse reaction over Mr.
Jamal�s change in defense teams donations have slowed down, Ms. Africa
added. For more information on the Abu-Jamal case, contact (215) 476-
8812.
