Showing posts with label LifeWithoutParole. Show all posts
Showing posts with label LifeWithoutParole. Show all posts

Friday, March 14, 2014

Mumia Abu-Jamal Status Update



The FOP Campaign to Defeat the Adegbile Nomination
The Issue Is Mumia Abu-Jamal: Innocent and Framed!
by Rachel Wolkenstein
March 15, 2014


The controversy surrounding president Barack Obama’s nomination of Debo Adegbile and the Fraternal Order of Police (FOP) successful campaign against him was not, in fact, an abstract constitutional dispute over the Sixth Amendment right to counsel. For the FOP any defense of Mumia Abu-Jamal is grounds for a rabid attack.

In response, Adegbile and the NAACP Legal Defense Fund (LDF) and most supporters of the nomination, from the Obama administration down though the liberal left distanced Adegbile from Abu-Jamal’s legal defense and discount the idea that either he or the LDF had or could have challenged Abu-Jamal’s conviction for the murder of police officer Daniel Faulkner.

The Executive Director of the LDF describes the FOP-led campaign as a “smear campaign” against Debo Adegbile, accepting the premise that legal representation of Mumia Abu-Jamal is a “smear” instead of insisting that as a lawyer this is a point of pride, responsibility, and a cornerstone of American jurisprudence.

But the smear—the lies—propagated by the FOP are against Mumia Abu-Jamal, that he is an unrepentant, vicious cop-killer who should have been executed.

There is an unambiguous and unequivocal answer to this attack: Mumia Abu-Jamal is innocent and framed for the December 1981 murder of Philadelphia police officer Daniel Faulkner.

The Debo Adegbile nomination controversy was and is squarely about the meaning and import of the case of Mumia Abu-Jamal. Examining his case is akin to opening Pandora’s box—it explodes the myth of American “justice.”

The case of Mumia Abu-Jamal is the extraordinary political persecution of an innocent man, a former Black Panther Party spokesman, defender of the MOVE organization and radical journalist, know as the “voice of the voiceless,” who was sentenced to death because of his political beliefs and affiliations. It is about racist legal lynching in the United States, the legacy of slavery. It is also an exposé of the every day workings of an inherently class-biased, racist and politically driven criminal injustice system.

Every element of the constitutional right to a “fair trial,” to due process, was violated in convicting and sentencing Mumia Abu-Jamal to death. But the most fundamental violation of due process is being framed for a crime you did not commit.

From moments after the shootings, the Philadelphia police and prosecution, with the complicity of the U.S. Attorney General’s office, manufactured Abu-Jamal’s guilt and actively suppressed his innocence—evidence that someone else shot and killed officer Faulkner. Every part of the police and prosecution’s case—witness testimony, Abu-Jamal’s supposed confession and ballistics—is a lie.

Mumia Abu-Jamal’s only “crime” on December 9, 1981 was that he survived being shot and then brutally beaten by police officers.

To continue reading...
www.RachelWolkenstein.net

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Friday, May 31, 2013

Help Brian Isham: Life Without Parole

A man who was condemned to life without parole under the three-strikes law asks for your help. He claims that his third strike was a wrongful conviction. We take issue with the three-strikes law. Crime and punishment is not a ball game. It is wrong to incarcerate a person for life without the possibility of parole except in certain murder cases where guilt is irrefutably proved and likely to repeat if the inmate is released. No murder occurred in Brian Isham's convictions, yet he was condemned to spend the rest of his life in prison before age 40.


Stanford Law School conducts a project that challenges the three-strikes policy in California. The website states, "Among other claims, the Project has successfully argued that our clients were denied effective representation of counsel, in violation of the Sixth Amendment; and that our clients' sentences constitute cruel and unusual punishment, in violation of the Eighth Amendment." See more at the url below.

Nearly all defendants sentenced to prison under the three-strikes law had been abused as children. Michael Romano, director of the Stanford project, said the project's clients had been homeless for extended periods, and many were illiterate. None had graduated from high school. In other words, these were discarded people who could be made to bear the brunt of this brutal law without risk of public backlash.

A NY Times article states, "Three strikes created a cruel, Kafkaesque criminal justice system that lost all sense of proportion, doling out life sentences disproportionately to black defendants." See more information at the url below.

Brian Isham fits the profile of three-strikes inmates in California as described by NY Times and Stanford Law School, although he was sentenced in Georgia. Isham was removed from his mother as a child and lived in institutions and foster homes until adulthood. He found his birth family since being sentenced to life in prison and learned that his mother is a recovering crack addict. One can only imagine what Isham's life was like before being removed from his mother and after being placed in institutions and foster homes. Isham was convicted by an all-white Georgia jury, and he says his attorney did little to argue his innocence. He admits to having done criminal acts in his past and feels he was tried on his record. Isham was sentenced to life without parole.

At this point, Isham is preparing to file a petition for habeas corpus. That is where your help is needed. "A writ of habeas corpus is used to bring a prisoner or other detainee before the court to determine if the person's imprisonment or detention is lawful. In the US system, federal courts can use the writ of habeas corpus to determine if a state's detention of a prisoner is valid. A habeas petition proceeds as a civil action against the State agent (usually a warden) who holds the defendant in custody" (Cornell Univ. Law School).

Isham has an opportunity to have his petition for habeas corpus filed, but he requires our help raising legal fees. Many people talk about ending mass incarceration, but Isham's case requires individuals to do more than talk, march, sign petitions, and protest prison profiteering. He requests that we share the expense of his habeas corpus petition by sending certified checks and money orders to:
Legal Defense Fund for Brian B. Isham
GDC ID: 000.051.1894
National Legal Professional Ass.
11331 Grooms Rd., Suite 1000
Cincinnati, OH 45242
(513) 247-0082

Congratulations to the U.S. Supreme Court, which recently ruled that a prisoner who presents credible evidence of his innocence can overcome a procedural barrier that he waited too long to go to court. You can read about it in this Washington Post article
See links to other related news at the three links below:

THE OTHER DEATH PENALTY
http://www.theotherdeathpenalty.org/
A sentence of life without the possibility of parole is a death sentence. Worse, it is a long, slow, dissipating death sentence without any of the legal or administrative safeguards rightly awarded to those condemned to the traditional forms of execution. It exposes our society’s concealed beliefs that redemption and personal transformation are not possible for all human beings, and that it is reasonable and just to forever define an individual by his worst act. Life without the possibility of parole is wrong and should be abolished.

Stanford Three-Strikes Project Success Stories
http://www.law.stanford.edu/organizations/programs-and-centers/stanford-three-strikes-project/success-stories

NY Times - California Horror Stories and the 3-Strikes Law  http://www.nytimes.com/2012/11/25/opinion/sunday/california-horror-stories-and-the-3-strikes-law.html

If any links fail, please sign my petition regarding censorship applied to protect the prison industrial complex and email the USDOJ at AskDOJ@usdoj.com. Thank you.