Journalists
in support of a new trial for Mumia Abu-Jamal
This open Letter to the US Federal Court of Appeals was written
November 2007.
Read
about the outcome of Mumia's new trial.
Open letter to the court
We write in support of a new and fair trial for Mumia Abu-Jamal
who, convicted in 1982 of killing a policeman, has spent 25
years in prison, most of that time on Pennsylvania’s death row.
His trial was drenched with racism (see note 16 below), and
people all over the world have campaigned for his conviction to
be overturned. The case has now reached a critical point.
In December 2005, the US Court of Appeals granted a review on
appeal of constitutionally important issues such as racism in
jury selection: in a population which
was 43% Black and
60% people of color, only two jurors were African-American.
If the court rules that his
claim of racism in jury selection is justified, it would be the
first court ruling since his conviction that could lead to a new
trial. And, remarkably, despite having declared his innocence
clearly and unequivocally during his trial, this new trial would
be the first time that Mr. Abu-Jamal – known to millions as
Mumia – would have a chance to put his account of events before
a jury of his peers.
This letter from journalists follows a letter written by
anti-racist professionals in the UK. Distinguished lawyers
wrote asking for redress for the gross
racism of the legal process to which Mumia Abu-Jamal, a
jailhouse lawyer, has been subjected.[1]
Mumia is a former Black Panther – enough by itself for him to be
targeted for conviction.[2]
But he was and is also a journalist. From very early his
activism took the form of investigative journalism, confronting
racism and corruption head-on.
At age 15, Mumia was
writing for The Black Panther (distribution over
130,000). By age 25, with his distinctive voice, Mumia was a
well-known name in Philadelphia radio. “His stories often
reached out to cover people whom the media generally tended to
ignore – poor tenants whose landlords were ignoring them,
elderly project residents who couldn’t get the city to fix their
elevators, students in under-funded city schools and homeless
people. For this he became dubbed ‘The Voice of the Voiceless.’”[3]
In addition to local FM
stations, Mumia broadcast on the National Black Network, the
Mutual Black Network, National Public Radio (NPR), and the Radio
Information Center for the Blind. He interviewed many prominent
figures including Bob Marley, Alex Haley, the Pointer Sisters,
Jesse Jackson, and Julius Erving. He won a Major Armstrong
Award for his coverage of Pope John
Paul II visit. He was called “One to Watch” by
Philadelphia magazine.
The claim, promoted by
the prosecution, that Mumia was not a journalist but a taxi
driver is countered by his lead attorney Robert R. Bryan: “Of
course at the time of arrest he was working a second job driving
a cab [like many other journalists and writers] to
support his family, yet he continued to work daily as a stringer
reporter for various radio outlets . . . He was president of the
Philadelphia Chapter of the Association of Black Journalists.
Eleven months before the homicide, Mr. Abu-Jamal was publicly
recognized because his ‘eloquent, often passionate, and always
insightful interviews bring a special dimension to radio
reporting.’”[4]
The prison authorities are as convinced as his lawyer; they
found him guilty in 1995 of “engaging in the profession of
journalism”.[5]
For many years before and after Mumia’s trial and conviction, a
key figure in Philadelphia was Frank Rizzo, infamous police
chief (1961-71), then mayor (1972-1980). He oversaw what has
been described as an “uncontrolled epidemic of police
brutality”. MOVE, a Philadelphia-based multiracial alternative
community, was at the forefront of challenging Rizzo’s campaign
against Black people.[6]
“One of the few media people to accurately report on MOVE and
make a serious effort to understand the organization was Mumia
Abu-Jamal . . .”[7]
Three examples bear
witness to the quality of his work. They arise from the 1978
year-long campaign of intimidation by police of MOVE that
culminated in a starvation blockade of the MOVE house by several
hundred officers, which ended in the death of a policeman,
Officer Ramp. Nine members of MOVE were put on trial and
convicted for his murder despite evidence that showed that the
officer had died from “friendly fire”.[8]
· On August 8, 1978, Mumia attended a police press
conference in City Hall about this siege. Scenes of police
beating MOVE members had been shown on TV but had been
overshadowed by the death of the officer. In the highly charged
atmosphere, few journalists were digging for the truth, but a
challenging question came from Mumia. Mayor Rizzo responded to
journalists present with a threat: “They believe what you
write, what you say. And it's got to stop. And one day, and I
hope it's in my career, that you're going to have to be held
responsible and accountable for what you do.”[9]
· On May
4, 1980, Judge Malmed pronounced the MOVE 9 guilty and sentenced
them to 30-100 years for the third degree murder of Officer
Ramp. When a few days later Malmed was a guest on a radio talk
show, Mumia called in and asked him who killed Ramp. The judge
replied: “I
haven't the faintest idea…They call themselves a family, I
sentenced them as a family.”
· Sue Africa, a (white) member of MOVE charged with
riot, was prevented from representing herself in court on the
grounds that she was mentally unstable. Sent to Byberry Mental
Hospital, she began to document the abuse of patients she
witnessed there, including overdosing, neglect, and theft by
staff. Trying to publicize these injustices, she found that “nobody
but Mumia would come to interview me.” He gained entry to
the hospital, and secretly recorded an interview about
conditions in Byberry, which also showed that Ms Africa was not
mentally unstable; and this was then broadcast. The authorities
were forced to release her from hospital and she stood trial.
Evidence that Mumia was targeted by the authorities includes a
700-page file the FBI had compiled on him.[10]
Also, “. . . he was singled out by authorities because of
his political journalism. His brother was not charged with the
shooting and was released with a suspended sentence for a
misdemeanor. It is unheard of for two Black men to be involved
in an altercation that results in the death of a white police
officer, and then one of them to just be released. But it was
Jamal that the police wanted . . .”[11]
Since his imprisonment, despite severe restrictions on outside
contact in person or by phone, with only a typewriter and faint
ribbons (all they will sell to prisoners), and access to only
seven books at any one time, Mumia continues his campaigning
journalism. He has published five books and weekly records
“Dispatches from Death Row,” radio commentaries that go out on
100 stations. “Those perceptive, well crafted and often
searing essays quickly gained Abu-Jamal a dedicated national and
international following. . . . As his fame – and notoriety –
grew and spread, so did the government’s determination to
silence, and ultimately to kill him.”[12]
Like many others who
challenge government policies and practices, Mumia has been
subjected to a campaign of censorship. In 1994, NPR contracted
for Mumia to do a series of commentaries on prison life. NPR was
immediately warned by the Fraternal Order of Police (FOP),
The New York Times, and Senate Majority Leader Robert
Dole, against allowing "a convicted cop killer" on the air. NPR
cancelled the series on the day it was to begin. In 1995, when
Mumia's book Live From Death Row was published, FOP
attempted to have the book banned, and members of the state
legislature called for seizure of any proceeds from the book.
As punishment, Mumia was illegally denied visitors and phone.
In 1997 Pacifica Radio's "Democracy Now" program broadcast a
series of Mumia’s recordings to a number of cities. These were
to include Philadelphia, but again the FOP protested and WRTI
and 12 affiliated stations in the greater Philadelphia area
canceled their highest rated show, Democracy Now, minutes before
Mumia’s commentaries were to go on air.
With notable exceptions, reports from the time of his arrest
through to trial and conviction parroted the police-prosecution
slander of Mumia as a violent criminal. One journalist objected
to characterizations that “sparkled with prejudicial passion,
reducing in the public mind, any possibility of innocence on the
part of the suspect.”[13]
Some reports still ooze hatred and prejudice and are riddled
with untruths. “A December 14, 2006 editorial in a
Philadelphia neighborhood newspaper headlined ‘Kill him
already!’ called Abu-Jamal a ‘despicable piece of garbage’.
Some columnists at the Philadelphia Daily News routinely
use the term ‘Mumidiots’ to denigrate anyone who questions the
propriety of Abu-Jamal's controversy-filled conviction.”[14]
Others peddle the myth that Mumia never declared his innocence,
implying that he is an unrepentant cop killer. Such coverage
violates the ethical foundations of journalism, which proclaim
that “deliberate distortion is never permissible” and entreat us
to “give voice to the voiceless.”
[15]
Of course Mumia is not the only journalist whose life is at
risk. There is plenty of evidence, from Belarus and China to
Iraq and Mexico, that journalists who insist on reporting what
they see and know have lost their lives. Russian
Anna Politkovskaya, murdered
for reporting her government’s atrocities in Chechnya; the
bombing of Al Jazeera´s headquarters in Baghdad which killed
Tareq Ayyoub; the “unlawful killing” of UK journalist Terry
Lloyd – two of 19 international journalists killed by US forces
in Iraq; the shooting of Italian Giuliana Sgrena, also by US
troops in Iraq, are recent examples.[16]
Arrests of
journalists within the US are also at an all-time high.[17]
Homeland Security even brought a criminal complaint against a
reporter involved in filming victims of Hurricane Katrina,
claiming this threatened "critical infrastructure".
The Federal Appeal Court, which will soon be ruling on the
appeal of Mumia Abu-Jamal, can either:
grant a new trial because of
prosecutorial misconduct; order the federal district court to
conduct a full hearing into racial bias in jury selection; or
order a new post-conviction hearing at which new evidence of
innocence can be introduced. As journalists who value
the truth, we urge the Court to grant Mr Abu-Jamal a new trial,
enabling him finally to tell his truth to a jury of his peers.
Yours sincerely,
Margaret Prescod, drive-time host/producer
of "Sojourner
Truth" on Pacifica Radio’s KPFK & member of Pacifica’s National
Board*
Signers to date (November 2007)
*Media affiliations for ID purposes only
Judith
Amanthis, Production
editor, Kilombo (Pan-African Journal)
Ernesto Arce,
Pacifica Radio KPFK 90.7FM Los Angeles; The Space KSPC 88.7FM
Claremont
Abayomi Azikiwe,
Editor, Pan-African News Wire
Hans Bennett,
independent journalist and co-founder of Journalists for Mumia
Larry Bensky,
National Affairs Correspondent (Retired), Pacifica Radio
Sherna Berger Gluck,
SWANA Collective/Radio Intifada, KPFK
Evelyn Bethune,
Pacifica National Board
Blase Bonpane, Ph.d,
Director, Office of the Americas
Lydia Brazon, KPFK
Local Station Board and Pacifica National Board
Don Bustany,
Producer/host of “Middle East in Focus”, KPFK Radio
Acie Byrd, Pacifica
National Board
Thandi Chimurenga,
KPFK
Melissa Chiprin
KPFK, Los Angeles, Feminist Magazine Radio Show
Terry Collins, KPOO
San Francisco 89.5
David Crouch,
Assistant UK news editor, Financial Times
Amy Dalton, Philly
IMC and indymedia.us
Lisa V. Davis,
Pacifica National Board; WBAI Local Station Board
Sabrina Deligia, Liberazione
Lisa Dettmer, KPFA Radio’s Women’s Magazine
Jim Fleming, Editor &
Publisher, Autonomedia
Glen Ford, Executive
Director, Black Agenda Report
Michael
Gould-Wartofsky, NYC Independent Media Center
Pat Gowens, Editor,
Mother Warriors Voice
Noelle Hanrahan, Prison
Radio & FSRN
Larry Herman, social documentary
photographer
Esther Iverem,
Author, Editor and Publisher, SeeingBlack.com
John Jonik, Political
cartoonist... freelance writer
Minister of
Information JR, Producer for POCC Block Report Radio Show, on
KPFA and KPOO
Sonali Kolhatkar,
host of Uprising, Pacifica Radio
Dave Lacey, Fairbanks
Open Radio
Ambrose I. Lane, Sr.,
Pacifica National Board
Rod Laughridge,
Producer, Newsroom on Access SF
Bob Lederer,
producer, “Health Action”, WBAI/New York;
member, Pacifica Radio's National
Board of Directors
Roger Leisner, Radio
Free Maine
Dave Lindorff, author
of “Killing Time: An Investigation into the Death Penalty Case
of Mumia Abu-Jamal”
Jeff Mackler,
Socialist Action newspaper
Errol Maitland,
Senior Producer Wakeup Call, Pacifica/WBAI Radio
Peter Manson, Editor,
Weekly Worker
Claude Marks, Freedom Archives
Francisco R.
Martinez, Producer, Centroamerica Sin Censura; KPFK
Pilar Mendez, Radio
Diaspora, WRFG Radio & Latin American and Caribbean Community
Center, Atlanta, GA
Amy Pincus Merwin,
InForm TV, Eugene/OR
Meshá
Mongé-Irizarry, SF
Village Voice Community Radio; Idriss Stelley Foundation
Nathan Moore, Program
director for Pacifica national network
Daphne Muse,
Independent Journalist
Explo Nani-Kofi,
Editor, Kilombo Pan African Journal
Sally O’Brien, Where
We Live Productions, WBAI
Nic Paget-Clarke,
Publisher, In Motion Magazine
Betsey Piette,
Workers World Newspaper
Sarv Randhawa,
Pacifica National Board
Willie & Mary
Ratcliff, publisher & editor, San Francisco Bay View National
Black Newspaper
Sandra D. Rawline,
Pacifica Foundation Director, KPFT – Houston
Berthold Reimers,
Pacifica National Board
Rip Robbins, KSVR
General Manager
Robert B.
Robinson, Pacifica Foundation, Member of the Board
of Directors
Henk
Ruyssenaars, Editor, Foreign Press Foundation, The
Nederlands
Sakura
Saunders, (Prometheus Project) media activist; Corp
Watch
Wendy Schroell, Pacifica Radio - Board of Directors
Tenisio Seanima, WRFG 89.3FM
Aaron Shuman, co-ordinator, Prisoner Solidarity
Project, Prison Activist Resource Center;
contributor, Prison Legal News
Jayati
Vora, Researcher at The Nation
Don
White, Pacifica National Board
Lamar
Williams, Co-producer, Death Row Notebook
Lavarn
Williams, Pacifica Foundation Director
Michael
Woodson, Producer LivingArt, Pacifica Director
Erin Yanke, KBOO Community Radio Independent
Producer, and KBOO Youth Advocate
[1]
They call attention to: “The prosecution’s
systematic removal of Black people from the
jury; the blatant bias and racist conduct of
Judge Albert F.
Sabo.” They also note the quality of
evidence presented at the trial: “No
ballistic tests were done on Mr. Abu-Jamal’s
hands or the gun found at the scene, his
so-called confession was highly suspect and
there was plentiful evidence of police
assault of the defendant at the arrest scene
despite his unconscious state [he had been
shot in the chest] and of police nobbling of
witnesses.”
[2]
The FBI targeted
many Black Panther members including for
assassination; one of the most memorable was
Fred Hampton, killed in Chicago in 1969.
Agents of Repression: The FBI's Secret Wars
Against the Black Panther Party and the
American Indian Movement,
Churchill, Ward, and Jim Vander Wall
(1988).
More recently in January
2007, eight former Panthers were arrested in
Califonia, New York, and Florida on charges
related to the 1971 killing of a San
Francisco police officer. Similar charges
against some of these same men had been
thrown out in 1973 after it was revealed
that police had tortured them to extract
confessions. Information from
Committee for the Defense of Human Rights.
[3]
Killing Time,
David Lindorff, Common Courage Press, 2003
[4]
Response of Appellee and cross-appellant,
Mumia Abu-Jamal, to sur-reply brief.
November 27, 2006. Robert R. Bryan & Judith
Ritter.
[5]
" . . . Jamal is not being charged with a
freedom of speech issue or for the content
of his writings but rather he is charged for
engaging in the profession of journalism
which is a violation of the rules and
regulations . . . “All
Things Censored,
Mumia Abu-Jamal, Seven Stories Press 2000,
p.122.
[6]
MOVE demonstrated frequently against police
abuses and helped others across the city to
set up demonstrations in their own
neighborhoods. As a result, the police began
a concerted campaign of harassment against
MOVE, which included the systematic beating
of various members including pregnant
women. Most notably, it led to the bombing
of MOVE’s headquarters in 1985, causing the
deaths of 11 people, five of whom were
children, and the destruction of a whole
neighborhood. Mumia was already in prison
when the infamous bombing by the
Philadelphia police took place.
[8]
Ballistic evidence showed that Officer
Ramp
was shot in the back of the neck from a
downward angle, suggesting that the bullet
that killed him came from outside the MOVE
house.
[9]
on a move: The Story of Mumia Abu-Jamal,
Terry Bisson, Litmus Books 2001, p.166
[10]
The FBI file on Mumia was released in 1991.
It reveals that Mumia was under intense
surveillance for a number of years and that
he “has not displayed a propensity for
violence”.
[11] All
Things Censored,
ibid.
p 328.
[12]
Killing Time,
ibid. pp.180-1.
[13]
Claude Lewis, Philadelphia Evening
Bulletin, December 11, 1981.
[14]
Remarks: 3rd World Congress on
the Death Penalty, Feb 1, 2007, Paris,
France by
Professor Linn Washington,
Temple University, and Philadelphia
Tribune columnist, who at the time of
Mumia’s arrest was working as a beat
reporter for the Philadelphia Daily News
assigned to cover the shooting of Officer
Faulkner.
[15]
Society of Professional Journalists Code of
Ethics: Seek Truth and Report It <http://www.spj.org/ethicscode.asp>
[16]
Other examples include the 2003 US
military’s attack on the Palestine Hotel, a
media center in Iraq; two journalists were
killed. The International Federation of
Journalists has reported that 146 other
journalists and news staff have been killed
in Iraq, many in targeted attacks. Virtually
all of the killings have gone unpunished.
[17]
“Fascist America in 10 easy steps,” Naomi
Wolf, The Guardian, April 24, 2007.