PRESS RELEASE Dec 15, 2022
Will Philadelphia Court of Common Pleas Judge Lucretia Clemons continue the 40 years long miscarriage of justice or will she stand on the side of justice and rule in favor of Mumia Abu-Jamal’s appeal? She will announce her decision Dec. 16 in front of a packed courtroom in the Philadelphia Criminal Justice Center, 1301 Filbert St., Philadelphia. Other Abu-Jamal supporters will demonstrate outside starting at 8:30 a.m. and continue during the hearing. Thousands more will watch the live-stream at youtu.be/zT4AFJY1QCo.
The pivotal hearing follows a hearing Oct. 26 at which the Judge said she intended to dismiss Abu-Jamal’s appeal based on six boxes of evidence found in the District Attorney’s office in Dec. 2018. Clemons repeatedly used procedural rules – rather than allowing for an examination of the new evidence – in her 31-page decision dismissing Mumia Abu-Jamal’s petition for a new trial. (https://tinyurl.com/mtvcrfs4 ) She left the door open on Abu-Jamal’s appeal regarding the prosecution’s selection of jurors based on race.
Abu-Jamal’s attorneys Judith Ritter, Sam Spital and Bret Grote filed a “ Petitioner’s Response to the Court’s Notice of Intent to Dismiss PCRA Petition” (https://tinyurl.com/mvfstd3w ) challenging her refusal to hold a hearing on the new evidence.
Just this week, the UN Working Group on People of African Descent filed an Amicus brief, a friend of the court document that reinforced the facts and arguments in Mumia’s attorney’s PRCRA filing. (https://tinyurl.com/587r633p ) They argued that no judicial time bar should be applied when the defendant is a victim of historic racial bias that may have tainted the possibility of a fair trial and due process.
At a press conference Dec. 13 announcing the Amicus brief, the Hon. Wendell Griffen, Division 5 judge of the 6th Judicial Circuit Court for Pulaski County, Arkansas said, “Clemons is only the second Black judge to hear any aspect of Abu-Jamal’s case. Will she have the courage to say that there are too many factors here that compel for Mumia to justify dismissing the motion? This evidentiary hearing is required, because exculpatory evidence was concealed.” (https://youtu.be/Xh38IKVc_oc )
Griffen clarified his statement on Dec 14 during a Democracy Now interview (https://youtu.be/odA_jjMtXQA): “Under a 1963 decision that every law student knows about, and every lawyer that does criminal law practice, in Brady V Maryland, the Supreme Court of the U.S. held that due process of law is violated when the prosecution conceals evidence relevant to guilt or punishment from the bench. In this country, that kind of precedent should have required Mumia to be released and the Commonwealth decide whether or not to prosecute him based upon having revealed the right evidence. That hasn’t been done.”