Mumia Abu-Jamal - Legal Update / 30 May, 2008

Mumia Abu-Jamal - Legal Update [Please Circulate] From Robert R. Bryan, lead
counsel for Mumia Abu-Jamal / 30 May, 08

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Date: May 30, 2008

From: Robert R. Bryan, lead counsel for Mumia Abu-Jamal

To: Supporters

Subject: Legal Update



This Legal Update is made on behalf of my client, Mumia Abu-Jamal, who is on
Pennsylvania's death row.



United States Court of Appeals for the Third Circuit, Philadelphia The U.S.
Court of Appeals has granted my motion for a 14-day extension of time to file
the Petition for Rehearing and Rehearing En Banc. It will be submitted on
June 10, 2008. The following is a related news story:

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Inquirer

Posted on Wed., May. 28, 2008

Abu-Jamal lawyers granted two-week extension


The U.S. Court of Appeals for the Third Circuit yesterday granted a two-week
extension for lawyers for death-row inmate Mumia Abu-Jamal to file a petition
for a rehearing on his effort to get a new trial.



Abu-Jamal was convicted in 1982 of the murder of Philadelphia Police Officer
Daniel Faulkner and was sentenced to death. In late March, a three-judge panel
of the Third Circuit affirmed Abu-Jamal's conviction but vacated the death
sentence. The court said Abu-Jamal should be sentenced to life in prison or
get a chance to persuade a new Philadelphia jury that he deserves a life sentence
rather than death.



Defense lawyer Robert R. Bryan of San Francisco intends to seek a rehearing
before the court on his contention that Abu-Jamal deserves a new trial, or at
least a hearing on his argument that some blacks were intentionally excluded
from his jury. The court said the new filing deadline is June 10.

- Emilie Lounsberry

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On March 27 the U.S. Court of Appeals court ordered a new jury trial on
whether Mumia should be sentenced to life or death, because of unconstitutional jury
instructions. Mumia remains on death row since the ruling has not taken
effect and the prosecution has vowed to appeal and continue its quest to see him
executed. It is always good when there is a determination that the death
penalty was wrongfully imposed, especially where, as here, it could help
others sentenced to death. Yet, we are not pleased with the ruling because the court
refused to reverse the conviction and order a new trial on the question of
innocence. The indisputable facts are that the prosecutor engaged in racism
to select the jury, made a misleading argument to the jury that turned the
concept of reasonable doubt on its head, and the trial judge was biased.



The bright side of the federal decision is that Justice Thomas L. Ambro wrote
a lengthy dissenting opinion on the issue of racism in jury selection. The
first sentence set the tone: "Excluding even a single person from a jury because of
race violates the Equal Protection Clause of our Constitution." He concluded
that the "core guarantee of equal protection, ensuring citizens that their
State will not discriminate on account of race, would be meaningless were we
to approve the exclusion of jurors on the basis of . . . race. . . . I
respectfully dissent." These words are a light in the darkness in our effort
to seek a rehearing before the full court.



Donations for Mumia's Legal Defense in the United States

With Mumia's authorization, a process now exists in the U.S. guaranteeing both that
donations will go only to the legal defense and are tax-deductible. This is
the exclusive process in this country for donations to the legal defense.

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

United States Supreme Court

I have filed pleadings in the U.S. Supreme Court
on issues we litigated in the Pennsylvania Supreme Court, e.g., that the
prosecution use false testimony and fabricated evidence. Justice David H.
Souter has granted my motion and set the petition filing date as July 18,
2008.

This has no bearing on the proceedings pending in the U.S. Court of Appeals
for the Third Circuit.



Conclusion

My goal remains a new jury trial in which Mumia will be found "not
guilty" so that he can return home to his family. The ongoing concern by so
many people for human rights is appreciated. Mumia and I humbly thank you.



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

RobertRBryan@aol.com