Death penalty dropped against Mumia Abu-Jamal

from cnn

Philadelphia prosecutors drop death penalty against Abu-Jamal

(CNN) — Philadelphia prosecutors have dropped their pursuit of the death penalty for Mumia Abu-Jamal, who was convicted of shooting a police officer three decades ago.

He will instead serve a life sentence in prison, prosecutors said Wednesday.

“The decision to end this fight was not an easy one to make,” said District Attorney Seth Williams. “There has never been a doubt in my mind that Mumia Abu-Jamal shot and killed Officer Faulkner, and I believe the appropriate sentence was handed down in 1982.”

Abu-Jamal was convicted and sentenced to death for the 1981 killing of Daniel Faulkner.

Witnesses testified that Abu-Jamal shot Faulkner in the back and head after the officer pulled over Abu-Jamal’s brother in a late-night traffic stop.

Once known as Wesley Cook, Abu-Jamal was wounded in the encounter and later confessed to the killing.

He’s been on death row at a state prison in southwest Pennsylvania, where he’s remained an outspoken activist from behind bars — claiming there were procedural errors during his capital sentencing, and that too few blacks were on the jury.

The case has attracted international attention, amid charges of prosecutorial misconduct.

Abu-Jamal, a onetime radio reporter and cab driver, has been a divisive figure, with many prominent supporters arguing that racism pervaded his trial.

Others counter that Abu-Jamal is using his race to try to escape responsibility for his actions. They say he has provoked community unrest for years with his writings and advocacy.

In April, Abu-Jamal was granted a new sentencing hearing by a federal appeals court, sparking a threat by the prosecutor to appeal the ruling to the Supreme Court.

In its 32-page decision, the 3rd U.S. Circuit Court of Appeals accepted defense arguments that the jury instructions at Abu-Jamal’s 1982 murder trial were unclear.

The court’s decision did not grant Abu-Jamal a new trial; his conviction on the murder charge stands.

A 2008 appeals court ruling also had nullified Abu-Jamal’s death sentence and granted him a new sentencing hearing. But the Supreme Court tossed out that ruling and ordered the appeals court to revisit the issue. The high court last year denied Abu-Jamal’s separate petition for a new trial.

Support Grand Jury Resister Jordan Halliday

Email: SupportJordan@live.com
Website: http://www.supportjordan.com

Hey friends,

I know it seems like forever ago that Jordan Halliday was first called to a
Grand Jury which he resisted. In a way it was forever ago, he was first
approached by the FBI in 2008 regarding local mink farm raids in Utah. He
refused to cooperate with the FBI and was told he would face a subpoena to
testify in front of a grand jury. Six months later the FBI followed
through, Subpoenaing both Jordan and another ‘activist’ who chose to
testify. Jordan however chose to resist the grand jury in protest due to
its abusive and archaic nature.

Grand juries are called when the government lacks evidence to indict an
individual for a crime. Witnesses are subpoenaed to testify before the
grand jury in hopes of providing evidence to the prosecution. Little is
known about these secretive proceedings, because all information is
considered sealed and classified. A witness that is called before a grand
jury is not allowed to have a lawyer present with them in the grand jury
room.

In recent years activists have seen an increase in subpoenas to grand
juries. These subpoenas are often used to harass and intimidate legal
above-ground activists, like Jordan feels is the case, in his situation.
The prosecutor can ask any question and if you refuse to answer or if you
lie, you could be held in contempt of court or perjury. With no lawyer
present for the witnesses, prosecutors can often ask for information not
relevant to a crime in hopes to harass, intimidate or ‘fish’ for
information, in a secretive manner which many consider a modern day witch
hunt. Jordan said he was mainly asked information about his friends,
family, and general life and refused to answer any of them.

Jordan refused to answer any of the questions he was asked, the 3 times he
was subpoenaed. He was incarcerated after his second appearance for “civil
contempt of court”. He eventually was granted immunity. Yet still refused
to cooperate and stayed in jail until the term of the grand jury expired 4
months later. Upon release he was indicted with “criminal contempt of
court”, and was released on pre-trial pending trial, eventually he took a
non-cooperating plea deal, and was sentenced to 10 months plus 3 years
probation under the guidelines low-end range for “obstruction of justice”,
which has a 10-16 months recommended range. He was ordered to report to the
federal custody early January, 2011. Although he was able to stay out on a
release pending his appeal, just days before he was due to present himself.

Jordan and his lawyer filed an appeal arguing that a guideline range for
“failure to appear” which has a 0-6 month recommended range, was more
fitting for Jordan, who still to this day claims he has no knowledge of any
illegal underground activity or actions. In fact the individuals Jordan was
allegedly called in to testify against, have both already been indicted,
convicted, sentenced and have served their time already, without the help
of a testimony by Jordan.

On November 15th, 2011, Jordan’s attorney argued their final arguments
before the court of appeals in Denver, Colorado. Jordan says he felt a bias
and hostility from the beginning and although his lawyer did an excellent
job, felt the judges already had their minds made up. Jordan’s lawyer also
said he wasn’t very optimistic about the outcome. It typically takes 3-6
months before a ruling comes back.

Although we remain optimistic that Jordan might still win his appeal and
get the low-end sentence of 0 months, we are also confronting the reality
that he is more likely going back, than staying out. With the possibility
of prison coming soon for Jordan. We have decided to start accepting
donations again. Currently he is now only around $350 in legal debt,
although we will continue collecting donations in case of incarceration. If
Jordan wins his appeal and doesn’t end of having to serve any additional
time, we will be distributing the remaining donations to other political
prisoners and activists in need.

You can donate by PayPal by visiting “supportjordan.com”, or you can send a
donation or letter of support to:

Jordan Halliday
PO BOX 601
West Jordan, Utah 84084

This is an important case for the future of all activists, radicals and
dissidents. If his appeal is not heard, he will be going back to prison for
an additional 10 months, this is on top of the 4 he already served. With a
total of 14 months and 3 years probation, he will be serving more time than
the individuals he was called to testify against, who were convicted under
the Animal Enterprise Terrorism Act. Jordan is also the first dissident in
decades and only the 3rd known case to be convicted of “criminal contempt
of court” after already serving time for “civil contempt of court”.

Jordan needs our support now more than ever. Let him know he hasn’t been
forgotten in this long period of legal battles.

We are all proud of Jordan. Please re-post this to as many places as you
can. He needs our support.

-Jordan’s Support Committee

Email: SupportJordan@live.com
Website: http://www.supportjordan.com
Twitter: http://www.twitter.com/SupportJH
Facebook:

http://www.facebook.com/pages/Support-Jordan-Halliday/107550725954849

Myspace: http://www.myspace.com/SupportJordanHalliday
-Animal Defense League of Salt Lake City
www.ADLSLC.org

Occupy Denver update

We have only one person still being held captive at the Van Cise- Simonet Detention Center at this moment. We are in need of another $650 to bond him out. We really need donations at this moment! Please contact us at denverabc@rocketmail.com if you can help! Donations can be sent to a sympathetic paypal account at plpress@riseup.net.

Please help us get our last prisoner home to his friends and family!

A brief breakdown on what’s been happening: There have been 50 arrests during Occupy Denver. 46 individuals have been arrested (4 were repeat arrestees who were arrested on both Friday morning and Saturday night). 24 folks were arrested on Friday during the mass eviction of Occupy Denver, and 26 were arrested during the street occupation of Broadway that escalated into a confrontational street demonstration on Saturday evening and night.

All those arrested were charged with misdemeanor offenses. No one has been charged with felonies or any serious or violent offenses.

One person was confirmed hospitalized after the police attacked the crowd on Saturday. Many, many others reported injuries, mainly from pepper spray, pepper balls, and batons/blunt trauma. Street medics treated many people for a variety of injuries inflicted by Denver Police.

A video produced by West Denver Copwatch on police actions during the Saturday night demonstrations can be found here: http://westdenvercopwatch.wordpress.com/2011/10/16/video-from-o15-denver/

Solidarity in the class struggle! Denver ABC

Books-to-Prisoners this Sunday

It’s that time again. Stop by the BTP bookspace this Sunday to read request letters, wrap up books, and shelve new donations. And see if the garage is still standing after the hailstorm!

See ya,

Unchained Books

 

 

BTP work-party

Sunday, June 12^th

11am to 2pm

Support families separated by June 1 workplace raid in Ft. Morgan

On June 1, 2011 Dept. of Homeland Security and Immigration, Customs Enforcement (ICE) joined with area law enforcement officials to arrest 11 dairy farm workers in Ft. Morgan, CO on criminal charges related to work documents. Workers are being held on an astonishing $50,000 bond. Dozens of children and spouses have been separated and left without income, resulting in a humanitarian crisis. Watch video message from separated children below.

CIRC has partnered with OneMorgan County and New Creation Church to set up full donation operations. Give today to help address humanitarian crisis.

PLEASE CLICK HERE TO DONATE NOW

Or you can send or drop off cash donations, food or diapers to New Creation Church, 929 E. Burlington Ave; Ft. Morgan, CO 80701. 100% of your contribution will benefit the families impacted by the raid, helping with immediate needs such as diapers, food and rent.

Support Prisoners on Hunger Strike at Pelican Bay State Prison

SIGN THE PETITION HERE!

OVERVIEW

Prisoners in the Security Housing Unit (SHU) at Pelican Bay State Prison (California) are going on an indefinite hunger strike as of July 1, 2011 to protest the cruel and inhumane conditions of their imprisonment.  The hunger strike was organized by prisoners in an unusual show of racial unity.  The hunger strikers developed five core demands.  Briefly they are:

1. Eliminate group punishments.  Instead, practice individual accountability.
When an individual prisoner breaks a rule, the prison often punishes a whole group of prisoners of the same race.  This policy has been applied to keep prisoners in the SHU indefinitely and to make conditions increasingly harsh.

2. Abolish the debriefing policy and modify active/inactive gang status criteria.
Prisoners are accused of being active or inactive participants of prison gangs using false or highly dubious evidence, and are then sent to longterm isolation (SHU). They can escape these tortuous conditions only if they “debrief,” that is, provide information on gang activity. Debriefing produces false information (wrongly landing other prisoners in SHU, in an endless cycle) and can endanger the lives of debriefing prisoners and their families.

3. Comply with the recommendations of the US Commission on Safety and Abuse in Prisons (2006) regarding an end to longterm solitary confinement.  This bipartisan commission specifically recommended to “make segregation a last resort” and “end conditions of isolation.”  Yet as of May 18, 2011, California kept 3,259 prisoners in SHUs and hundreds more in Administrative Segregation waiting for a SHU cell to open up.  Some prisoners have been kept in isolation for more than thirty years.  

4. Provide adequate food.  Prisoners report unsanitary conditions and small quantities of food that do not conform to prison regulations.  There is no accountability or independent quality control of meals.

5. Expand and provide constructive programs and privileges for indefinite SHU inmates.  The hunger strikers are pressing for opportunities “to engage in self-help treatment, education, religious and other productive activities…”  Currently these opportunities are routinely denied, even if the prisoners want to pay for correspondence courses themselves.
Examples of privileges the prisoners want are: one phone call per week, and permission to have sweatsuits and watch caps. (Often warm clothing is denied, though the cells and exercise cage can be bitterly cold.)  All of the privileges mentioned in the demands are already allowed at other SuperMax prisons (in the federal prison system and other states).

For more information and continuing updates, visit www.prisons.org/hungerstrike.htm

Update #3 on Amelia Nicole, Anti-Police Terror Prisoner

From Denver ABC

As Amelia’s next court date approaches, support efforts have started to solidify locally. We’ve been able to have fairly consistent telephone contact with Amelia over the last week. As it stands, Amelia has been moved to solitary confinement within the jail, caged in her cell for 23 hours each day, with one hour for phone calls, recreation, and any sort of co-mingling with other human beings. Amelia has been receiving tons of mail from across the country, and is very appreciative of everyone who has written her. She has promised that as soon as her stamp and envelope package arrives (it was mailed by DABC over 9 days ago), she will write to every single person she has received a letter from.

Denver ABC will be hosting a press conference and rally outside of Denver DA Mitch Morrissey’s office on Wednesday June 8th at 2pm. If you are in the Denver area, your presence would be greatly helpful and appreciated. The address for the DA’s office is 201 W. Colfax, the Webb Building downtown.
Amelia has court again on Thursday June 9th at 8:30 am in courtroom 2100 at the Van Cise Simonet Detention Center at Colfax and Elati downtown. We’re asking supporters to pack the courtroom and make a visible presence outside with banners, signs, etc.

This next hearing will be a hearing on bond (though Amelia has demanded to not be bonded out) and also should be a hearing where the prosecution will present their initial evidence and case to the judge. This could be a hearing where charges would be added or dropped, or where the judge could dismiss the case if the prosecution does not offer enough evidence. We’ll keep our fingers crossed, although we know that the courtroom is the weakest venue for justice that we have.

For folks who want to show support but cannot attend the press conference or the court hearing, postcards and letters demanding her immediate release and the dropping of all charges can be sent to:
Denver DA Mitch Morrissey
201 W Colfax Ave # 801
Denver, CO 80202-5328

Please keep your tone relatively polite and “professional”. Remember that every letter could impact the treatment of Amelia and her case.
If folks write a letter to the DA and want to let us know about it, that would be super helpful. Please email a copy to Denver ABC at denverabc@rocketmail.com as other supporters and friends have already done.
Amelia also would love more mail! She celebrated her 21st birthday in jail on May 31st. Belated cards, letters, and other well wishes would be greatly appreciated. However, please read these mail guidelines before sending anything: http://www.denvergov.org/Portals/327/documents/ALLOWABLE%20MAIL%20ITEMS.pdf
Mail may be sent to:
Amelia Nicol
CD# 0000762401
Denver County Jail
PO Box 1108
Denver, CO 80201

We’ve received several hundred dollars from supporters in Denver and across the country. This money is being spent to pay for phone calls, stamps, and stationary for Amelia to communicate with DABC and other supporters. That money is greatly appreciated, and more will be needed in the coming weeks. We have also started to solicit donations to hire her a different attorney. So, please, keep that monetary support flowing.
Checks and donations can be sent to:
Denver ABC
2727 W. 27th Ave Unit D
Denver, CO 80211.

Checks and money orders should be made out to P&L Printing.

Our comrades over at P&L Printing have also released a new pamphlet, “Denver Fights Back” chronicling the local struggle against police terror. Proceeds from the sale of the pamphlet will go to benefit Amelia. Orders can be placed at: http://plpress.bigcartel.com/
Next week, following Amelia’s hearing, Denver ABC will unveil the next phase of our support campaign. Please check our blog at denverabc.wordpress.com for updates. The blog also provides information on how to sign up for our email announcement list, our twitter feed, and other ways to follow the work of Denver Anarchist Black Cross.

Until then, keep Amelia in your thoughts, and keep up the struggle against predatory social, economic, and political systems!

In love and solidarity,
Your friends at Denver ABC

Clarification of charges against Amelia

from Denver ABC

According to the formal charging document in Amelia Nicol’s case, these are the current charges against her:

- Two counts of attemped murder (Felony 2)
- Use of explosives (Felony 2)
- Possession of explosives (Felony 4)
- Second-degree arson (Felony 4)
- Criminal mischief (Felony 4)
- Inciting a riot (Felony 5)
- Two counts of attemped third-degree assault (Misdeamenor 2)
- Resisting arrest (Misdeamenor 2)

Update on Amelia Nicol; Anti-Police Terror Prisoner (Denver)

From Denver ABC

Amelia Nicol had her first court date on Monday May 16th in Denver County Court. At this court date, her lawyer made a formal appearance. Amelia declined to have her charges publicly read in court. But as of the date of this writing, the charges she is being held under continue to include several major felonies, including two counts of attempted murder of a police officer, a single count of pocession of an explosive device, a single count of arson, and criminal destruction of property.

The judge declined a any hearing on reducing her bond, instead scheduling bond arguments for June 9. Her bond remains at $50,000.

Denver Anarchist Black Cross has been in contact with Amelia. She has made it clear that she does not want to be bonded out, that she does not want the state or any associated body to profit from her imprisonment. She has but one clear demand: her immediate release without charge.

She has asked that any money being collected for support be directed to Denver ABC to help pay for phone calls and sending her stamps, envelopes, and paper. She does not want any more money placed in her commissary as she does not want to purchase any items from the jail. She does not want any more money being given to those that now hold her in a cage.

In the coming weeks leading up to her next court date, Denver ABC will be organizing a massive letter writing and phone call campaign directed at the Denver District Attorney, demanding that Amelia’s charges be immediately dropped.

Here are some concrete ways you can support Amelia and also support the ongoing struggle against police terror in Denver:

1) Write to Amelia! Send her letters, cards, photos, jokes, stories, etc…
Letters may be addressed to:
Amelia Nicole CD# 0000762401
Denver County Jail
PO Box 1108
Denver, CO 80201
Please see mail regulations here, and note that Denver ABC has already sent a package of envelopes, paper, and stamps. http://www.denvergov.org/Portals/327/documents/ALLOWABLE%20MAIL%20ITEMS.pdf

2) Write a letter to Denver District Attorney Mitch Morrissey and demand that the charges against Amelia be dropped immediately!
Denver DA Mitch Morrissey
201 W. Colfax #801
Denver, CO 80202
Or call him at: 720-913-9000

3) Donate to Amelia’s phone fund.
Send checks or money orders made out to P&L Printing to:
Denver ABC
2727 W. 27th Ave Unit D
Denver, CO 80211

4) Keep checking the Denver ABC blog at denverabc.wordpress.com for updates, or follow us at twitter, through our user name, DenverABC.

Case Background

On Friday May 6th, over one hundred people, mostly young, poor, and angry, took to the streets in defiance of the Denver Police Department. They participated in a march, called to confront “police terror” in the Denver Metro area. Specifically, they marched to remember the deaths of Marvin Booker and Oleg Gidenko, two people murdered by area police departments in the last year.

As the the march ended, a small firework was set off in the street. Police used this act as a justification to chase one alleged participant down an alley, where she was tackled and beaten by police. This person would later be identified as Amelia Nicol, a 20 year old Colorado resident. She now faces outlandish charges including attempted murder.

We call on all people to support Amelia as she fights these attempts at intimidation and repression, and the police’s broader attack on social movements in Denver.

Marvin Booker, a homeless street preacher, died at the hands of five sheriff’s deputies in the Van Cise-Simonet Detention Center in downtown Denver on July 9, 2010. He was tackled, beaten, placed into chokeholds, tazed, and kicked. He eventually succumbed to the officers’ brutal attack. He was murdered for refusing to leave his shoes in the booking area of the jail.

Oleg Gidenko was shot in the head by Aurora Police Officers. Oleg was in a truck with several friends. They had been hanging out, allegedly drinking in the truck while it was parked in a lonely industrial park in Aurora. Aurora Police Officers approached the truck, armed, supposedly because they suspected the occupants of breaking into cars in the area. As the police aimed their weapons at the truck, one officer shot Oleg in the head. Another occupant, Yevgeniy Straystar. was also shot, but would survive. With two occupants, including the driver, shot and a passenger trying to hide on the floor of the truck as it took repeated fire from police officers, the truck lurched forward, bumping into one of the officers. This action, though it took place after the firing had started, and after Oleg was dead, was used as the justification for the shooting.

Many other high profile cases of police terror have been documented in the metro area over the last year, including the beating of whole families, rape and child molestation, and mishandling of evidence. Few, if any, officers are ever punished.

On May 6th, the fourth in a series of marches was held to show direct opposition to the police terror plaguing the metro area. For several hours the crowd snaked through downtown and the arts district. The police response to this fourth march was much heavier than previous marches, and riot police flanked the march for a good portion of the route. Despite the heavy police presence and attempts at intimidation, Amelia would end up being the only arrest during the march.

On Thursday May 12th, news agencies across the metro area reported that Amelia would be charged with a host of felonies and misdemeanors, including two counts of attempted murder of a police officer, criminal arson, possession and use of explosives, and inciting a riot. Police alleged she threw the firework, only now in the news reports the firework had become a “molotov cocktail”, or in some news reports, an “improvised explosive.” The small green firework now became a dangerous implement of attempted murder of two police officers. Amelia is now confined to a jail cell in the Denver County Jail, held on a $50,000 bond.

Just days previous, on Monday May 9th, Denver Mayor Guillermo Vidal announced that the deputies implicated in the death of Marvin Booker would face no discipline for their use of force. This announcement came after months of public outcry in response to a September 2010 decision by District Attorney Mitch Morrissey to not file any criminal charges in response to Marvin’s murder.

The charges now being filed against Amelia are a slap in the face to every person that struggles for justice. The City of Denver has made it clear that the life of a black street preacher is worth less than the relative comfort of several police officers that may have been scared by a small firework. Murderers with badges receive no criminal charges, while a young woman who allegedly attended a protest to hold those officers accountable now faces over 90 years in prison.

We must rally to support Amelia! The Denver Anarchist Black Cross calls on all justice and freedom loving people to mobilize for the defense of Amelia in the face of these atrocious criminal charges.

Hiatus

We’ve had a bit of an internet hiatus here at Unchained Books.  While our online presence has stagnated, our physical presence has not.  We’ve continued sending packages of books to those imprisoned in Colorado.

We’ll be making periodic updates here, so check back here from time to time.  Thanks.