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Death
Row? Shut It Down!
A
Report From the April 24, 2003 Philadelphia
Demonstration
for Mumia Abu- Jamal
by
Hans Bennett
May
20, 2003
On
April 24 supporters of black death-row political prisoner Mumia Abu-Jamal
gathered at Philadelphia City Hall for the “Death Row? Shut it Down!” demonstration
organized to commemorate both Abu-Jamal’s birthday as well as the passage of
the 1996 Anti-Terrorism and Effective Death Penalty Act. After Pam Africa (MOVE member and
coordinator of The International Concerned Family and Friends of Mumia
Abu-Jamal) and others made a visit to mayor John Street’s office, the crowd
marched to Governor Ed Rendell’s Philadelphia office, and then to 13th &
Locust. (the site of the Dec. 9, 1981 killing of police officer Daniel Faulkner
and shooting and beating of Abu-Jamal).
Pam Africa outside
Philadelphia’s City Hall |
At
the age of 15, Abu-Jamal was Minister of Information of the Philadelphia Black
Panther Party. Later, he was one of the
founders of the Philadelphia Association of Black Journalists, and was
president when he was incarcerated in 1981.
As a Philadelphia journalist reporting on issues such as the city’s
repression of the MOVE organization, he became a target of the Philadelphia
authorities.
Following
the City of Philadelphia’s 1978 assault on MOVE’s Powelton Village home, he
used a press conference to confront Mayor Frank Rizzo. Rizzo was enraged and publicly threatened
him, proclaiming: “The people believe what you write and what you say—and it’s
got to stop! One day—and I hope it’s in
my career—you’re going to have to be held responsible and accountable for what
you do.”
On
April 24, 2003 directly outside Philadelphia’s City Hall, a fiery Pam Africa
proclaimed on the loudspeaker: “We are demanding due process for an innocent
black political prisoner on death row.
This so-called ‘city of brotherly love’ is where the US constitution was
written for some of the people. But god
damn it, today we’re fighting for all of the people.” Despite overwhelming evidence of a corrupt 1982 trial and vast
international support including likes of the French government, Nelson Mandela,
and Martin Luther King III, the courts continue to deny Abu-Jamal a new trail.
|
Abu-Jamal
currently has two appeals pending. First is the appeal of Philadelphia Common
Pleas Court Judge Pamela Dembe’s 2001 decision to block new evidence from being
entered into the record. Among the
several new statements from witnesses that Dembe rejected were those of
Abu-Jamal himself (his first public account of Dec. , 1981), his brother
William Cook, Arnold Beverly, and Terri Mauer-Carter.
In
his statement, Abu-Jamal proclaims his innocence, saying that he was shot while
crossing the street towards Faulkner and William Cook. Abu-Jamal recounts that he heard gun shots
while sitting in his taxicab and after recognizing his brother, he left his
taxi and headed across the street.
|
William
Cook states that neither he or his brother shot Faulkner. Rather, he says that while he didn’t see the
actual shooting, his business partner Ken Freeman (who Cook says was with him
that night) later confessed to him that he was involved in Faulkner’s
murder.
Arnold
Beverly states that in 1981 corrupt Philadelphia police hired him as a known
mob hit man to kill Faulkner who was suspected of working with the FBI in their
documented investigation of the Philadelphia PD for corruption. Recounting the night, Beverly states that he
“ran across Locust Street and stood over Faulkner, who had fallen backwards on
the sidewalk. I shot Faulkner in the face
at close range. Jamal was shot shortly
after that by a uniformed police officer that arrived on the scene.”
Terri
Mauer-Carter was working as a stenographer in the Philadelphia Court system on
the eve of Abu-Jamal’s 1982 trail when she states that she overheard judge Sabo
say in reference to the Abu-Jamal case that he was going to help the
prosecution “fry the nigger.” In his
new book on Abu-Jamal’s case, Dave Lindorff interviews Mauer-Carter’s boss,
Richard Klein, who was with Mauer-Carter when she states she overheard Sabo. A Philadelphia Common Pleas Court judge at
the time who now sits on PA’s Superior Court, Klein told Lindorff: “I won’t say
it did happen, and I won’t say it didn’t.
That was a long time ago.”
Lindorff considers Klein’s refusal to firmly reject Mauer-Carter’s claim
to be an affirmation of her statement.
Philadelphia
journalist and Temple University professor Linn Washington writes that “Sabo’s
biased pre-trail profession is yet another reason to grant Abu-Jamal a new
trial based on judicial misconduct. The
‘system’ still refuses to repudiate Sabo’s biased and ethically illegal
actions…Sabo, for example, refused to allow Abu-Jamal’s trial attorney to
inform the jury that the prosecutor’s two prime witnesses each had extensive
criminal records and thus were candidates for pressure from police to lie. These witnesses were an arsonist on
probation and driving a cab without a driver’s license and a prostitute facing
multiple court cases.”
Pam
Africa argues that recent moves by the court considering the appeal of Dembe’s
decision are a sign that Abu-Jamal’s case will not receive fair
consideration. A few months ago, the
courts turned down Mumia’s right to have oral arguments in his appeal of Judge
Dembe’s 2001 decision . Africa told me:
“The danger here is that if Mumia, his lawyers, and supporters are not in the
courtroom to apply pressure when the decision is made, there is even less
chance of a fair outcome.”
Abu-Jamal’s
second pending appeal is in response to US District Court Judge Yohn’s Dec. 18,
2001 decision to uphold Abu-Jamal’s verdict of guilt (denying a new trail) but
to somewhat overturn his death sentence.
Because DA Lynne Abraham immediately appealed Yohn’s decision, Mumia has
never left death row (therefore unable to have full-contact visits with family)
and faces the possibility that Abraham’s appeal will be successful. While Abraham is appealing Yohn’s
overturning of the death penalty into one of life imprisonment, Abu-Jamal is
appealing the affirmation of his guilty verdict.
Pam
Africa, believes that the Effective Death Penalty Act is very significant to
Abu-Jamal’s case. In an interview she told me that “in 1995, when we beat back
the death warrant for Mumia, state Senator Dole and a whole lot of others,
stated that they were going to introduce some legislation that was going to be
a sure kill for Mumia. Earlier that
year, you had the Oklahoma City bombing and they introduced the Anti-terrorism
bill. They came back and on April 24,
1996 they added on the EDPA.”
“When
you talk about the Effective Death Penalty Act, it affects more people than
just Mumia. The late Fred Thomas
suffered and died under the EDPA. Shaka Sankofa was killed under it. What have we done to get rid of it? There’s not enough focus and attention on
the EDPA.” The results speak for
themselves. Dembe repeatedly cited the
EDPA in her decision to refuse the new evidence.
Before
marching from City Hall to governor Rendell’s office, Pam Africa and others
visited Philadelphia mayor John Street’s office. This visit was the culmination of many prior events. In an April 2002 interview Pam Africa talked
about the history of Street’s relationship to Mumia Abu-Jamal. “The year before John Street became the
mayor (he was then President of City Council), we had 3 meetings with him. One
time we brought him Kamal Nkrumah (the son of Kwame Nkrumah), Julia Wright (the
daughter of Richard Wright), and David DuBois (the son of W.E.B. DuBois). John Street
stated for a fact that he knew that Mumia hadn't received a fair trail and that
he was going to do everything in his power to get Mumia a new trial. We
presented evidence before Jamie Blackwell, Gussie Clark, Dave Crowan, and
others.”
“They
all said that they would do something.
But none of them ever did anything. After John Street stopped meeting
with us when he began running for mayor.
Since he was mayor, we've brought him mayors, senators, top European
union officials, and lawyers who studied the case. They were supposed to have meetings with Street, but instead, he
sent a guy named John Christmas, who didn't even bring a pen and paper--which
was a god damned insult in itself. Then
we brought back the mayors of 3 cities, some senators and union officials from
Europe. That time we met with his
assistant, but nothing ever came of that.”
In
November, 2002 a delegation of more than 40 French supporters of Abu-Jamal
traveled to Philadelphia to hand-deliver a 250,000 signature petition to the Supreme
Court of Pennsylvania office at City Hall.
Among the delegation was Chantal Caugil (member of the European
Parliament), Francois Liberti (representative to the French National Assembly),
and Julia Wright (journalist & daughter of the late writer Richard Wright).
The petition (with signatures collected from France) called for “the evidence
to be heard,”-- in particular the Arnold Beverly statement.
The
Supreme Court ultimately rejected the petition on grounds that it was not done
on the official form created by the courts.
In response, Pam Africa and others took the petitions down the hall to
Street’s office and requested a meeting with him. Street had not granted a meeting with Africa and others by April
24, 2003, so a delegation of protesters visited Streets office on the 24th as
other protesters gathered outside City Hall.
Upon arrival at his office they were unable to meet with him or to get
the boxes of petitions back.
The
formidable support from France for Mumia recently was attacked in Pennsylvania
House Resolution No. 119 calling for the state boycott of French wines. The resolution is largely a response to
France’s refusal to give UN authorization to the recent US and British invasion
of Iraq. Among a few other grievances
with France, the original resolution mentions France’s support for
Abu-Jamal.
The
resolution states: “Whereas, The French have condemned the legal system in
Pennsylvania and the United States for prosecuting, incarcerating, and filing
death warrants against Mumia Abu-Jamal, who was found guilty and sentenced to
death for his execution-style murder of a Philadelphia police officer, and have
in fact named a French village near Paris after this murderer…”
The
ICFFMAJ immediately picked up on this and made it a theme of their frequent
Philadelphia protests. In what appears
to be a response to pressure from the ICFFMAJ, the text of the resolution was
changed and no longer mentions Abu-Jamal.
After
leaving City Hall, the crowd marched to Rendell’s Philadelphia office at Broad
and Walnut. While a delegation entered
the building to speak to his office, the crowd took the street while Pam Africa
castigated Rendell on the bullhorn. “Governor
Rendell is part of a conspiracy to commit cold-blooded and pre-meditated murder
of Black political prisoner Mumia Abu-Jamal.
He is the master murderer who gave the order as DA to drop a bomb on 11
black men, women, and children.” The DA
that obtained the warrants for the 1978 police assault on MOVE’s Powelton
Village home as well the ’85 assault, Rendell was also DA during Mumia’s 1982
trial.
Suzanne
Ross from the New York City Coalition to Free Mumia was part of the delegation
that visited Rendell’s office, where they spoke to the Executive Assistant to
the governor. “We asked her if the governor knew about the recent report of the
Pennsylvania Supreme Court committee that investigated the issue of prejudice,
racism, and sexism in the use of the death penalty. This report found tremendous racism and other prejudice in the
selection of who is to be executed. By
ignoring this report he is ignoring his won judiciary and is getting away with
it”
Officer
Friendly? The Cop That Almost Hit Us
This
delegation also spoke to Rendell’s assistant about Amnesty International’s
annual conference—held in early April in nearby Pittsburgh. By an overwhelming
majority vote, AI chose to continue their longtime support for Abu-Jamal. They also agreed to file an Amicus brief
calling for the courts to hear the evidence currently being rejected.
Eventually Rendell’s office called on the
police to remove Mumia’s supporters.
About this, Ross commented that “when you speak to an elected official
they call the police to escort you out.
Do we have any resemblance of democracy in this country? Governor
Rendell is an enemy of the people.”
After
visiting Rendell’s office, the crowd then proceeded to 13th & Locust and
gathered at the memorial to Daniel Faulkner (placed in 2001) where Faulkner was
killed and Mumia was critically shot and beaten. Addressing the crowd, she stated that Judge Dembe’s refusal to
hear the statements of Terri Mauer-Carter, Arnold Beverly, and others was the
ultimate betrayal of Daniel Faulkner.
She felt that by framing Mumia and suppressing other evidence, the
courts have refused to make a sincere investigation into what happened in
1981. Speaking to Faulkner’s spirit,
Africa proclaimed “we’ll make sure that you get closure by continuing to point
out that Mumia Abu-Jamal is innocent of your murder. I know you’re flipping and turning in your grave because your
brothers and sisters have turned their back on you.”
Despite
the ICFFMAJ’s appeal to the police to have an honest investigation into
Faulkner’s death, the Philadelphia PD as a whole has not been interested in
this. The national Fraternal Order of
Police organization continues to lobby for Abu-Jamal’s execution and promotes
the Philadelphia DA’s official 1982 account of Faulkner’s death.
The
Philadelphia PD’s civil affairs unit (always present at any political
demonstration in town) is generally pretty tame at demonstrations for
Abu-Jamal. However, when several
Philadelphia bike cops attacked a demonstration for Abu-Jamal on Dec. 8, 2001,
civil affairs (supposedly there to protect protesters from violent counter-protesters
as well as “rogue” cops) was conspicuously absent and did not intervene to
protect those being attacked. That day
a Buddhist priest with a heart condition was almost killed. Police threw one
woman to the ground by her hair and subsequently fractured her tailbone as she
was dragged away. Another bike cop
(captured on camera) drew his gun on the crowd at close range and then
proceeded to put his gun on the neck of a protester that he had tackled. Later in court this officer would deny
pulling his gun on the crowd. While
those attacked faced charges from the day, no police officer was charged with
wrongdoing.
While
there since has not been a police attack of the Dec. 8, 2001 scale,
Philadelphia demonstrations for Abu-Jamal continue to be a target of police
hostility. Earlier on the 24th a
protester and I were standing less than one foot off the curb in front of City
Hall—partially occupying a traffic lane that was not in use. Suddenly a police car almost hit us as it
sped past only one or two feet clearance.
As he passes by, the cop (now our “friendly” police escort here to
supposedly protect us from traffic and violent counter-protesters) yells a loud
“FUCK YOU!” After I followed the police
car and took a photo of his name tag and face, I found out that he was police
officer V. Coughlin driving car #912.
Herb
Avram, editor of Philadelphia’s INSUBORDINATION magazine writes that “the
attempt to execute Abu-Jamal is the ultimate form of state censorship. His journalism (beginning as the 15 year-old
Minister of Information of the Philadelphia Black Panther Party) demonstrates
the revolutionary potential of alternative media and the subsequent lengths to
which the powers that be will go to censor those that threaten them.”
“Through
a 1982 trial replete with both fabricated evidence as well as a denial of his
constitutional right to represent himself, Mumia Abu-Jamal was framed for the
murder of Daniel Faulkner. Other US
revolutionaries have been framed the same way.
Geronimo Ji Jaga (formerly Pratt) of the Los Angeles BPP was released
after 27 years of imprisonment for a murder that the FBI knew he was innocent
of. The FBI suppressed surveillance
tapes proving he was at a BPP meeting in Oakland, CA the time of the LA murder. Dhoruba Bin Wahad of the New York BPP was
released after being imprisoned for 19 years.
Mumia Abu-Jamal is a prisoner of this same war and should be immediately
released.”
Hans Bennett is an anarchist
and independent photojournalist currently working with Philadelphia’s
INSUBORDINATION and AWOL magazines. He
can be contacted via email: destroycapitalism@hotmail.com
or at PO Box 30770, Philadelphia, PA 19104. To see all of Hans’ photographs
from the demonstration, visit the Philadelphia
Independent Media Center, and Part
Two.