Please note the Court Filing that is referenced here will be posted at www.freemumia.com. -------------------------------------- Subject: Mumia Abu-Jamal - Motion for Certificate of Appealability, US Court of Appeals Date: Thu, 30 Jun 2005 Dear Friends: Attached is the Supplemental Motion for Certificate of Appealability prepared on behalf of Mumia. It is being expressed this morning to the U.S. Court of Appeals for the Third Circuit, Philadelphia, for filing tomorrow, July 1. To date only one habeas corpus claim has been certified for review by the Court of Appeals, i.e., Claim 16 which concerns the prosecution's systematic use of peremptory strikes to remove people of color from sitting on the jury. The purpose of this latest motion is to seek expansion of the issues considered on appeal. Those we are presenting are: Claim 6 Petitioner's Appointed Attorney Was Prejudicially Ineffective For Failing To Prepare For Trial, Investigate The Case, Retain And Consult Essential Experts, and Present Available Defenses Claim 11 The Trial Court Deprived Petitioner Of His Right To Self-Representation Claim 12 The Court Forced Removal Of Petitioner From Significant Portions Of His Capital Trial Claim 13 Petitioner Was Denied His Right To Self-Representation And His Right To A Public Trial When He Was Excluded From Two In Camera Conferences Claim 29 The Trial Judge Was Biased Against Petitioner Resulting in a Deprivation of His Right To a Fair Trial and Due Process Of Law These are extremely complicated issues from both a legal and factual viewpoint. However, it all boils down to the fact that Mumia did not receive a fair trial. The jury heard essentially only one side of the case. Further, the trial occurred in an environment of great hostility, racism, and prejudice. What occurred in the 1982 trial in Philadelphia violated the very essence of Mumia's right to a fair trial, due process of law, and equal protection of the laws guaranteed by Amendments 5, 6 and 14 of the U.S. Constitution. The struggle to overturn the murder conviction, secure a new trial, and win Mumia's freedom has been long and difficult. I recall when Mumia and I first corresponded nearly two decades ago, and then met. What was true then remains true today: it is an outrage that Mumia remains is in prison. Even though in the worst of all places, death row, his spirits have not dampened. His weekly commentaries that are heard by so many throughout the world, are a testament to Mumia's overriding concern for the welfare of others. I have faith that we will succeed in righting this terrible wrong. We can win. Your ongoing support for Mumia is appreciated. With best wishes, Robert R. Bryan ============= Law Offices of Robert R. Bryan 2088 Union Street, Suite 4 San Francisco, California 94123 Lead counsel for Mumia Abu-Jamal
