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----- Original Message ----- 
From: secr <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Sent: Wednesday, December 19, 2001 5:50 PM
Subject: [mobilize-globally] !*MUMIA EMERGENCY: Yohn Ruling is NOT a Victory!



------ Forwarded Message
From: "Marpessa Kupendua" <[EMAIL PROTECTED]>
Date: Tue, 18 Dec 2001 21:48:49 -0500
To: <Undisclosed-Recipient:;>
Subject: [soa] !*MUMIA EMERGENCY:  Yohn Ruling is NOT a Victory!

FORWARDED MESSAGE
==================
From: "Michelle Gross" <mgresist@ minn.net>
Sent: Tuesday, December 18, 2001 9:31 PM


 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 MUMIA EMERGENCY!!  THE MUMIA COALITION MEETING TOMORROW NIGHT (12/19/01)
 will be turned into an emergency planning session.  The meeting is at 7:00
 p.m. at Arise! Bookstore, 2441 Lyndale Ave S, Minneapolis.  BE THERE!
 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
 Judge William Yohn issued a ruling on Mumia's case overturning the death
 sentence and ordering the State of Pennsylvania to hold a new sentencing
 hearing within 180 days or the sentence will automatically become life
 imprisonment.

 THIS IS NOT A VICTORY!  IT IS A TRICK!
 Judge Yohn UPHELD Mumia's murder conviction.  He did not agree to hear the
 large volume of new evidence and witnesses.  He merely agreed that the
 state did a sloppy job during the sentencing hearing and is giving them a
 chance to clean up their act, hoping we will accept another death sentence
 if it looks like it was "done right."

 Mumia is innocent and he's got the evidence to prove it.  But under this
 ruling, this innocent man could actually get resentenced to death OR he
 could get sentenced to life imprisonment.  Nothing else.  No chance to have
 the new evidence heard.

 We've got to let the powers-that-be KNOW this is NOT acceptable and that we
 aren't havin' it!

 THIS IS A MUMIA EMERGENCY.  THE MUMIA COALITION MEETING TOMORROW NIGHT
 (Wednesday, December 19) will be turned into an emergency planning session.
  The meeting is at 7:00 p.m. at Arise! Bookstore, 2441 Lyndale Ave S,
 Minneapolis.  Help us plan a response that lets the real killers know we
 WON'T let them get away with this!
=============================================>

Refuse & Resist!'s Response to Federal Court Ruling in the Case of Mumia
Abu-Jamal

Justice has been denied to political prisoner Mumia Abu-Jamal in a major
federal court ruling today.  His 1981 trial was so marked by police
intimidation of witnesses and prosecutorial misconduct, bias from the
judge, and incompetent defense representation that Amnesty International
called it a travesty of justice   But Judge William Yohn does not have a
problem with any of those outrages in the trial. He only has a problem with
the sentencing phase of the trial, and has ordered the state of
Pennsylvania to hold another sentencing hearing, leaving Mumia still
convicted as guilty of a crime to which he has professed his innocence.

This decision means that the state of Pennsylvania cannot immediately
execute Mumia.  The state has been trying for 20 years to kill him, and
will likely appeal this narrow ruling to the U.S. Circuit Court, arguing
that his death sentence should stand.  If the state does hold a hearing,
jurors could sentence Mumia to death again, or to life in prison.  If they
don't hold another sentencing hearing within 180 days, according to Yohn,
Mumia will remain in prison for life.

The battle to save his life and free Mumia, a powerful voice of dissent in
this country at a time when government officials openly threaten those who
dissent, will demand even more perseverance in court and in the streets.

Judge Yohn had a chance to do what no other court can now do under existing
federal law: look deeply into the evidence and the trial court record to
determine whether Mumia's claims of an unfair trial are true.  But he did
not call a single witness, nor hold a hearing on any evidence excluded from
the original trial, nor any new evidence, including a confession by someone
else for police officer Faulkner's murder.  He narrowly ruled in Mumia's
favor on only one claim (that the form given the jury at sentencing was
confusing) out of 29 errors in the habeas corpus petition.

The worldwide movement to oppose Mumia's execution and demand his freedom
won't stop.  The case of Mumia Abu-Jamal has now become an enormous
battleground in society over issues such as the suppression of political
dissent, imprisonment of Black youth, and unjust application of the death
penalty in the U.S. The movement that has developed around justice for
Mumia is determined to overturn his fraudulent conviction.

Since Mumia is not currently under sentence of death, we demand that he be
removed immediately from his death row cell and returned to the general
prison population.


On behalf of the
National Office of Refuse & Resist!
305 Madison Ave., Suite 1166
NY, NY 10165
http://www.refuseandresist.org
info@ refuseandresist.org
Tel:   212.713.5657





FEAR OF A BLACK PLANET IS REAL.......
AND IN MANY OF OUR OWN PEOPLE YO !
How About You ?

 

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