Mumia Abu-Jamal’s Case Stuck in Legal Limbo

Dave Lindorff

The recent decision by the US Supreme Court to send convicted police killer Mumia Abu-Jamal’s case back down to the Third Circuit Court of Appeals in Philadelphia, with instructions for a three-judge panel there to reconsider its decision to uphold the lifting of the prominent African-American journalist’s death penalty, is only the latest in a long string of examples of how courts at all levels have made special exceptions to precedent in order to try and kill this particular prisoner.

The high court found on January 19, that Frank Spisak, a self-described Nazi and killer of three in Ohio, had been properly sentenced, because at the time the Ohio Supreme Court affirmed his death penalty on appeal, “settled law” was that the jury instructions given to his jury had been proper. And under the terms of the 1995 Effective Death Penalty Act, federal courts, including the Supreme Court, have to defer to the judgements of state courts unless those courts’ decisions are deemed “unreasonable.”

Where it gets complicated though, is that subsequent to the conclusion of Spisak’s state appeals, the US Supreme Court, in a 1988 decision called Mills v. Maryland, ruled that ambiguously worded jury ballot forms and confusing or misleading jury instructions on sentencing by judges were grounds for reversing a death sentence. Mills was never made retroactive (one of the more repugnant features of many Supreme Court decisions), but Abu-Jamal’s state appeals didn’t even properly begin until after his 1995-96 Post-Conviction Relief Act hearing, and so the same finding made by the Supreme Court majority in Spisak’s case–that the confusing jury instruction standards were “settled law” at the time–cannot be made in Abu-Jamal’s case.

Battlin’ Phoenix: OSABC statement on the January 16 Day of Action in Phoenix

Fellow O’odham, Dine, Indigenous, Migrant, Non-indigenous brothers and sisters and concerned people of Maricopa County…

After days of reflection, O’odham Solidarity Across Borders Collective (OSABC) would like to give our thoughts and analysis on what occurred on the January 16th National Day of Action Against Sheriff Joe: March for Human Rights. As we all saw, heard and read, the march turned violent due to calculated moves by Phoenix Police to unfairly, and unjustifiably remove a contingent of marchers that expressed a voice and message that was foreign to them and national organizers, but all too familiar to the original people of the very land they walk on. OSABC called for what we dubbed the “Dine’-O’odham-Anarchist/Anti-Authoritarian” (DOA) contingent, in order to voice what we recognize to be an unending historical condition of forced removal here in the Southwestern so-called United States.

From the murdering of our O’odham Peoples, the stealing of our lands for the development of what is now known as the metropolitan Phoenix area, to the current relocation attempts against our O’odham along “their” border, and along the west-end of Gila River for a freeway. Or with the ongoing forced relocation of more than 14,000 Diné who have been uprooted for the extraction of natural resources just hours north of here, we recognize that this is not a condition that we must accept. This is a system that will continue to attack us unless we act.

Full Story

Greece: Arrest made in molotov attack on police station

via Act for Freedom:

Two people attacked Corfu police station with molotov bombs early this morning (Monday February 8).

At 01.05am at Seroko square on Samartzi Street where the police station is, the two tried to cause a fire by throwing the molotov at the front of the station wtihout success since the fire didn’t do much damage.

They also threw some leaflets with antiauthoritarian slogans.

They ran off and the guard chased them, managing to catch one of them, a 29-year-old Greek woman.  From the findings and investigation it was announced these were the same people that attacked the Corfu municipality office with molotovs on Sunday Feb.7th 2010 by throwing stones to break the windows of the basement on Dessila Street and throwing two molotovs into the office.

The woman was severely beaten during the “questioning” and is due to appear before a district attorney tomorrow.

A Call to Action for Leonard Peltier

A Call to Action
February 8, 2010

Attention, Supporters! February 6 has come and gone. We’ve had a day of rest, too. It’s time to get busy once again.

As you know, Leonard’s application for parole was denied in August 2009. Leonard has appealed that decision and needs our support. Leonard has not given up. We can’t give up, either. In fact, let’s intensify our efforts on Leonard’s behalf.

Actively support the parole of Leonard Peltier as you did last summer. Insist on a fair reconsideration of Leonard’s application for parole.

Write a brief and to-the-point letter to the U.S. Parole Commission at 5550 Friendship Boulevard, Suite 420, Chevy Chase, Maryland 20815-7286, Re: Leonard Peltier #89637-132.

You can fax your letter to (301) 492-6694, if you wish.

The Commission has no public e-mail.

Once you’ve sent off your letter to the Commission, please also call President Obama’s comment line at (202) 456-1111 or (202) 456-1112. Tell the President to support the parole of Leonard Peltier.

There was a crippling snow storm in the Washington metropolitan area this past weekend. Service at the White House may be disrupted as a result. Be patient and keep calling until you get through to the comment line. Generally, the White House comment line is open Monday through Friday from 9:00 a.m. to 5:00 p.m., EST.

Remember also that if the lines are busy, you can call the switchboard at (202) 456-1414. Ask for the comment line. You may be placed on hold until the next available staffer can take your call.

We thank you in advance for your attention to this urgent matter — as well as your time, effort, and commitment.

In the Spirit of Crazy Horse,

The Leonard Peltier Defense Offense Committee

Contact:

LP-DOC – PO Box 7488 – Fargo, ND 58106
(701) 235-2206 (Phone); (701) 235-5045 (Fax)
www.whoisleonardpeltier.info
contact@whoisleonardpeltier.info

February 13: All-You-Can-Eat Pancake Brunch Fundraiser

Denver ABC is welcoming anyone and everyone with arms wide open to its ALL-U-CAN-EAT Pancake Brunch. Come join us in eating as many pancakes as our bellies can possibly fill!

Not only is it going to be fun and delicious but the money raised is going to a great cause: The Denver ABC Mutual Aid Fund. The fund is a pool of money made available to members of social movements in need of emergency economic relief for any number of circumstances; rent and utility assistance, legal support, childcare, medical bills, or other extenuating circumstances.

How much does the pancake breakfast cost? $5-10 per person
Will this be a child friendly event? YES!
Will there be vegan options? YES!
Can I bring a huge crew of friends and family? YYEESSSS!
Can I really eat as many pancakes as I can? YES!
What if I don’t like plain pancakes, will there be a variety of kinds of pancakes? HELL YES!
Can I still come for all the pancakes, even if I’m not “down” with Denver ABC? YES!
Can I write valentines for my comrades behind bars at the breakfast? YES! Supplies will be provided!
Can I write anti-valentines to soulless prison wardens responsible for oppressing my comrades behind bars? F@#$ YES!

Check out denverabc.wordpress.com for more info

RNC8: We’re getting ready for court (Oct 25, 2010)

On Tuesday, the RNC 8 and a courtroom full of supporters sat through a hearing regarding several motions that had been filed in the previous months. While the proceedings were less than riveting, there were some surprising results. Even our old friend Bob Fletcher couldn’t resist showing up briefly to watch today’s hearing. Biggest news of the day? The trial date is set for October 25, 2010, so mark your calendars now.

Army moves to strip jailed hip-hop soldier of civilian legal team

Immediate Iraq tranfser and court martial announced in violation of military regulations

By the Friends and Family of Spc. Marc Hall.
February 3, 2010
stoplossmusic.org

Today, Fort Stewart, Georgia officials confirmed that the Army will attempt to separate Spc Marc A Hall from both his civilian legal team and his established military defender Capt. Anthony Schiavetti by sending him to Iraq “within a few days” to face court martial.

The Army declared that, “The jurisdiction transfer ensures a full and fair trial for both Spc. Hall and the United States.” Nothing could be farther from the truth, at least for Spc. Hall.

“It is our belief that the Army would violate its own regulations by deploying Marc and it would certainly violate his right to due process by making it far more difficult to get witnesses. It appears the Army doesn’t believe it can get a conviction in a fair and public trial. We will do whatever we can to insure he remain in the United States,” explains attorney David Gespass of Birmingham, Alabama.

Spc. Marc Hall produced and distributed an angry hip-hop song in July 2009 when he discovered that he would not be allowed to leave active duty due to the Army’s “stop-loss” policy. Spc. Hall continued to serve with his unit for the next four months undergoing command and mental health counseling as requested. “I explained to [my first sergeant] that the hardcore rap song was a free expression of how people feel about the Army and its stop-loss policy. I explained that the song was neither a physical threat nor any threat whatsoever. I told him it was just hip-hop,” explained Spc. Hall.

When Spc. Hall continued to express strong objections to redeploying to Iraq, his unit used the hip-hop song as a pretext to incarcerate Spc. Hall on Dec. 12, 2010. The command likely believed Spc. Hall would refuse to deploy anyway creating discomfort among other soldiers.

GI Resister facing 3 years in prison for refusing deployment to stay with her son

Alexis Hutchinson, a single mother from Oakland, CA. is facing up to a year in military prison for refusing to leave her son in Georgia Foster care, while being deployed to Afghanistan.

In a shocking disappointment, Fort Stewart, GA Army officials announced four separate court martial charges against Specialist Alexis Hutchinson, the single mother of a one-year son who missed deployment in early November 2009 when her childcare plan fell through.

Despite assurances by military public affairs officers that the Army would work with Spc Hutchinson and her attorneys to resolve the matter administratively, rather than through the criminal process, charges of missing movement, AWOL, dereliction of duty, and insubordinate conduct were filed today. Spc Hutchinson is a 21-year-old native of Oakland, CA, now facing over three years in prison, a dishonorable discharge, and the loss of custody of her infant. She has been assigned to Hunter Army Airfield near Savannah, GA, since February 2008.

“I am disappointed in Major Daniel Gallagher’s decision to go ahead with filing charges, which shows a lack of compassion for this young mother and her infant son, and a lack of discretion to deal with the situation fairly. The situation tends to show that the Army is not able to effectively and humanely counsel Army families in this situation,” states Spc Hutchinson’s civilian attorney Rai Sue Sussman of San Francisco, CA. “An infant and his mother were forcibly separated, when other options were available to the commander.”

Utah 2: William Viehl Sentenced to two years for animal liberation action

ELP has just learnt that William Viehl has been sentenced to 2 years after admitting his role in an ALF raid on a fur farm. Please send letters of support to:

William James Viehl
Inmate #2009-05735
Davis County Jail
800 West State St.
Farmington, UT 84025

Below is a mainstream media article about the sentencing.

Animal-rights activist gets 2 years in prison

Depending on who you believe, William James Viehl is either Harriet Beecher Stowe or a terrorist. U.S. District Court Judge Dee Benson voted for the latter and on Thursday sentenced Viehl to two years in prison for releasing hundreds of minks from a South Jordan farm.

Puerto Rican Independentista POW Avelino Gonzalez-Claudio pleads guilty to 1983 bank expropriation

A key figure in the audacious robbery of $7.1 million nearly three decades ago from a West Hartford Wells Fargo depot by a Puerto Rico pro-independence group abruptly pleaded guilty Friday to charges that include smuggling the money out of the country.

Avelino Gonzalez-Claudio, 67, was a leader and strategist of Los Macheteros, a clandestine organization that advocates the use of violence to win Puerto Rico’s independence from the United States. In the 1970s and ’80s, the group claimed responsibility for armed attacks on federal interests in Puerto Rico, two of which caused the deaths of U.S. military personnel.