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UK Lawyers'
petition for the fair trial of Mumia Abu Jamal
150 of the UK’s most distinguished lawyers were signatories to a
letter to the US court of appeal. The letter was initiated by Ian
Macdonald QC and Legal Action for Women. It highlights the racism in the
original trial and subsequent hearings of Mr Mumia Abu-Jamal, an award
winning journalist. After 24 years on Pennsylvania’s death row, Mr
Abu-Jamal, convicted in 1982 of killing a policeman, was granted an
appeal on 17 May 2007.
Read the
about the outcome of Mumia's appeal.
Download the UK lawyers' petition (pages, PDF, KB) - this letter sets
out in detail the reasons for a fair re-trial for Mumia.
Read the
Voice article on this case and other reports in the media.
Seven key reasons Mumia Abu Jamal's trial was unfair
- Mumia's gun was not the weapon used - according to the
medical examiner, the policeman was killed with a .44 calibre gun.
Mr. Abu-Jamal's pistol, which he was licensed to carry as a
night-time taxi driver, was .38 calibre. The trial jury never heard
about this contradiction.
- Mumia's weapon was never tested - the police never tested
Mr Abu-Jamal's gun to see if it had been recently fired. They did
not even examine his hands to see if he had fired a gun.
- Contradictions in police accounts of a confession - at
trial, it was claimed that Mr Abu-Jamal stated, at the hospital
shortly after the shooting, that he fired the fatal shots. Yet, that
was contradicted in a written police report by the officer who was
with Mr Abu-Jamal at the time. When asked about the long time spent
guarding the defendant, the police office reported: "The negro male
made no comment." A week later he was asked by the chief detective
on the case if there was anything he wished to add to his statement,
to which the officer replied: "Nothing I can think of now." He was
hidden from the defence at the 1982 trial. He did not testify to
contradict what other police witnesses claimed was said. Incredibly,
13 years later the officer’s memory 'improved' and he claimed to
have heard Mr Abu-Jamal state while lying on the floor at the
hospital: "I shot him. I hope the motherfucker dies."
- Police account contradicts doctor's - the treating doctor
said that Mr Abu-Jamal was unconscious and said nothing. He reported
that a nurse found police with loaded guns pointed at the suspect as
he lay virtually lifeless in his hospital bed.
- Witness lied under police pressure - William Singletary,
a Vietnam veteran and local businessman, saw the whole incident and
said that Abu-Jamal was not the shooter. However, the police forced
him to change his story and intimidated him into leaving
Philadelphia. Over a decade after, he testified at an evidentiary
hearing that Mr Abu-Jamal did not shoot the cop and was innocent.
The police had put pressure on him to corroborate their version of
events.
- Witnesses harassed and bribed - other key witnesses, such
as Veronica Jones who at the 1995 hearing, testified in support of
Mr Abu-Jamal, were harassed into initially giving false testimony.
Two prosecution witnesses were given special favours, including
exemption from criminal prosecution, for their testimony against
him.
- Incompetent defence counsel - The defence lawyer did not
interview a single witness in preparation for the 1982 trial, and
lacked adequate funds for defending a capital case. Mr Abu-Jamal
could not afford to retain competent counsel, an investigator, or
needed experts in such fields as pathology and ballistics.
The signatories to this petition included many
who are Queen’s Counsel; leading criminal trial lawyers, in some cases
household names such as Michael Mansfield QC, Helena Kennedy QC, Lord
Gifford QC, Gareth Peirce, Clive Stafford Smith and Geoffrey Bindman;
those with experience of doing appeals in the Privy Council in death
penalty cases from the Caribbean; many experienced in race and gender
discrimination cases; and a professor of law. |