– Frederick Douglass
On the evening of February 25, 2010, participants at the Fourth World Congress Against the Death Penalty in Geneva, Switzerland had assembled from all over the globe for a dramatic Voices of Victims evening. It got more dramatic than they had anticipated though, when suddenly a cell phone rang and Robert R. Bryan, lead defense attorney for Mumia Abu-Jamal, jumped up on the stage to announce that his client had called him from death row in Pennsylvania.
The audience sat in rapt silence as the emcee held the phone up to the microphone. Abu-Jamal, on death row for 28 years after a widely disputed conviction for the murder of Philadelphia police officer Daniel Faulkner, greeted the dele-gates and then, as he has done on many occasions before, described to them the horrors of life in prison for the 20,000 people around the world who are awaiting execution.
A small group of American death penalty abolitionist leaders, led by Renny Cushing, executive director of Murder Vic-tims’ Families for Human Rights, stalked out of the hall. Two members of MVFHR, however, remained in the hall: Bill Babbitt, whose brother Manny, a Vietnam vet suffering acute post-traumatic stress disorder, was executed in California; and Bill Pelke, whose grandmother was murdered by a girl whom he later befriended and helped to spare from execution. Babbitt even joined Bryan onstage during Abu-Jamal’s brief address.
What neither Babbitt nor Pelke, nor Abu-Jamal and his attorney, Bryan, knew at the time was that in December 2009, leaders and individual board members of several of the organizations in the U.S. abolitionist movement had signed – without their full boards’ or their memberships’ knowledge – a confidential memorandum, which they then sent to the French organizers of the World Congress, stating bluntly that, “As international representatives of the U.S. abolition movement, we cannot agree to the involvement of Abu-Jamal or his lawyers in the World Congress beyond attendance.”
Purporting to be from “the U.S. members of the Steering Committee” of the World Coalition Against the Death Penalty (though hardly an inclusive list of that committee’s membership), and titled “Involvement of Mumia Abu-Jamal endangers the U.S. coalition for abolition of the death penalty,” the memo claimed that the French organizers of the World Congress, Together Against the Death Penalty, had arranged to have Abu-Jamal speak at the event “over objection.”
The memo further asserted that the abolitionist movement in the U.S. was trying to “cultivate” the support of the ultra-conservative and staunchly pro-death penalty Fraternal Order of Police (FOP), an organization representing some 35,000 police officers in the U.S. that advocates the execution of Abu-Jamal and all other prisoners convicted of killing police offi-cers. The FOP, said the memo, had “announced a boycott of organizations and individuals who support Abu-Jamal,” and therefore anything done by the Congress to aid his cause would be “dangerously counter-productive to the abolition movement in the U.S.”
ThisCantBeHappening!, a news blog site founded “to give you the stories you aren’t getting from the corporate media,” ob-tained a copy of that secret memorandum.
When it was shown to some other members of the boards of the organizations whose officers or individual board members had signed the memo, the responses ranged from consternation to outrage. Babbitt’s brother Manny was killed as a direct result of a corrupt law enforcement system in California that pressed for execution, even though it was clear from medical testimony that the elderly grandmother he allegedly killed actually died of shock when she discovered him breaking and entering her apartment. Left in the dark about the memo despite his being on the MVFHR board, Babbitt said, “My brother Manny’s last words to me were to always take the high road, and to me that means telling the truth and being open and transparent.” He added, regarding the content of the memo, “I think throwing Mumia under the bus is not the way to go in the abolitionist movement. You don’t make bargains with a wolf whose motive is to devour.”
Robert Meeropol, a son of Ethel and Julius Rosenberg, who were executed as spies in 1953, is also a member of the MVFHR board. While traveling on behalf of the organization in Asia, he said through a staffer in the U.S. that he did not know about the memo, and added that he still stands “fully in support of a new trial for Mumia Abu-Jamal.”
Several calls seeking a comment from Cushing or MVFHR staff member Kate Lowenstein went unanswered, though a staffer at the MVFHR’s Cambridge, Massachusetts office, Susannah Sheffer, said, “This is a complicated thing. You need to understand the depth and texture of this.”
Also surprised at the memo was actor Michael Farrell, president of the California abolitionist group Death Penalty Fo-cus. Farrell, a long-time supporter of the call for a new trial for Abu-Jamal, said he had never seen the memo, though it was signed by a DPF representative, attorney Elizabeth Zitrin.
Other signers of the memo were Thomas H. “Speedy” Rice of the National Association of Criminal Defense Lawyers, Kristin Houlé of the Texas Coalition to Abolish the Death Penalty and Juan Matos de Juan of the Puerto Rico Bar Association.
Bryan, a veteran death penalty defense lawyer who served 10 years on the board of the National Coalition to Abolish the Death Penalty – three of them as the organization’s chair – said, “In all my years as an activist opposing the death penalty, I have never heard of any individual or group in that fight singling out anyone as an exception to our campaign to abolish capital punishment. Everyone is treated equally. To single someone out and say they don’t count is chilling. Where do you draw the line? At people accused of killing cops? At people accused of killing old ladies? People accused of killing children? Where does it stop? It’s appalling!”
Heidi Boghosian, executive director of the National Lawyers Guild, an organization that has long been in the forefront of the campaign to end the death penalty in the U.S., and which was not advised of the plan to circulate the memo on be-half of the U.S. Steering Committee to the World Coalition Against the Death Penalty, despite the NLG’s being a member of the Coalition, roundly condemned the secret effort to silence Abu-Jamal at the World Congress.
“Mumia Abu-Jamal’s case is emblematic of the inherent flaws in the capital punishment system,” she said. “That he is castigated by leaders in the abolitionist movement shows precisely what is wrong with the system – it is a system en-slaved to the whims and personal biases of police, prosecutor, judge and jury. While cultivating certain voices of law en-forcement may assist in efforts to achieve abolition, it should not be at the expense of exposing a case that embodies some of the most reprehensible actions on the part of the police, the district attorney and the judiciary. The powerful FOP, and their heavy-handed efforts to vilify Abu-Jamal and his supporters, should not be the barometer by which abolitionist leaders gauge their strategic priorities. Members of the abolitionist movement should be working together and not further censoring and ostracizing a death row inmate.”
What makes the American abolitionists’ petulant and manipulative behavior as expressed in the secret memo and their cynical threat to withdraw from the Congress particularly outrageous is that Abu-Jamal’s arrest, trial and appeals process has been, as Boghosian notes, a textbook case of police and prosecutor corruption, malfeasance and abuse. From the beginning, even before his arrest, Abu-Jamal’s case was poisoned by a police lust for vengeance. Although he had been shot through the lung and liver by a bullet fired from Officer Faulkner’s service revolver, and was in danger of dying from internal bleeding that was filling his lungs with blood, Abu-Jamal was left lying in a police wagon for almost half an hour before he was finally delivered to a hospital emergency room, where hospital staff and at least one police officer on the scene observed him being kicked and punched by the officers delivering him.
During the jury selection process at the beginning of his trial, the presiding judge, Albert Sabo, who as a county sheriff’s deputy was an FOP member before he became a judge, was overheard by a second judge and his court stenographer saying to his own court clerk, as he exited the courtroom through the judge’s robing room, “Yeah and I’m gonna help them fry that nig-ger!”
During the tortuous appeals process, both the state and federal courts have shamelessly bent their rules and violated prece-dents to deny Abu-Jamal the benefits of precedents that have been routinely accorded other appellants. Third Circuit Appeals Court Judge Thomas Ambro filed a stinging dissent to a decision by his two colleagues, who effectively created new law from the bench in rejecting Abu-Jamal’s well-founded Batson claim of racial bias by the prosecution during jury selection at his trial. [See: Batson v. Kentucky, 476 U.S. 79 (1986)].
Scarcely concealing his outrage, Judge Ambro wrote, “Our Court has previously reached the merits of Batson claims on habeas review in cases where the petitioner did not make a timely objection during jury selection – signaling that our Circuit does not have a federal contemporaneous objection rule – and I see no reason why we should not afford Abu-Jamal the courtesy of our precedents.” He added, “Why we pick this case to depart from that reasoning I do not know.” [See: Abu-Jamal v. Horn, 520 F.3d 272 (3d Cir. 2008), vacated and remanded, 130 S.Ct. 1134 (2010)].
Abu-Jamal himself, interviewed by phone from his cell at the super-max death row facility SCI-Greene in western Penn-sylvania, blasted the attempt to silence him at the World Congress, and to ostracize him from the American abolitionist movement. “They are really making deals with the devil,” he said of claims that the U.S. abolitionist movement was trying to gain the support of the FOP. “My instinct, being from Philadelphia, is that money was passed, though I have no evidence to prove it.” He added, “This secret action is a threat to the entire abolitionist movement. They are saying that because the op-position [to abolition] is so strong, we should not fight. If you have that attitude, why have an abolitionist movement at all?”
Abu-Jamal, whose death sentence was lifted by a federal judge in 2001, only to have the U.S. Supreme Court remand that decision back to the Third Circuit where it could be reimposed, and who continues, in no small part thanks to pressure from the Pennsylvania FOP, to be held in solitary confinement on death row where he maintains his innocence, called the signers of the memo “co-conspirators” and said they were “naive” to believe they can win over the FOP by abandoning him to his fate.
“If the slavery abolitionists had taken this approach back in 1860, and said okay let’s free the slaves, except those up-pity ones with prices on their heads like Harriet Tubman and Frederick Douglass, we’d still have slavery today,” he ob-served. Abu-Jamal said that the abolitionist movement appeared to have lost its way, and that it needed to be broadened to more closely reflect the population of the nation’s death rows, where nearly everyone is poor and where 53% of the prisoners condemned to death are non-white.
This article first appeared on www.thiscantbehappening.net, and is reprinted with permission with minor edits.
Addendum from PLN
PLN contacted the organizations whose representatives signed the confidential memo concerning Mumia Abu Jamal. At the time this issue went to press only two had responded, the National Association of Criminal Defense Lawyers and Death Penalty Focus.
NACDL Director of Public Affairs and Communications Jack King commented, “No one is throwing Mumia under the bus, but neither should Mumia be driving the bus.” He also said Thomas “Speedy” Rice had not informed NACDL board members about the memo, as it was “not considered important enough.”
Elizabeth Zitrin, who represents Death Penalty Focus on the steering committee of the World Coalition Against the Death Penalty, responded and said, “There was never any suggestion that Mumia Abu Jamal should be treated any dif-ferently than any other death row prisoner.” However, the only death-sentenced prisoner mentioned in the memo was Mumia. Zitrin also acknowledged that DPF’s board was not informed of the memo at the time.
PLN condemns efforts to silence, single out or marginalize Mumia Abu Jamal, who is a longstanding PLN columnist, or any other death row prisoner. No one should be sacrificed on the alter of expediency in an attempt to appease law en-forcement organizations that oppose the death penalty. Nor should individual members of anti-death penalty groups uni-laterally determine what is best for the abolitionist movement, either within the United States or internationally.
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