3150. Philly Prosecutors Discover Mysterious ‘Six Boxes’ Connected to Mumia Abu-Jamal in Storage Room

By Bobby Allyn, WHYY, January 9, 2019 

Days after Christmas, Philadelphia District Attorney Larry Krasner and some of his assistants went rummaging around an out-of-the-way storage room in the office looking for some pieces of furniture. What they stumbled upon was a surprising find: six boxes stuffed of files connected to the case of convicted cop killer Mumia Abu-Jamal.

Five of the six boxes were marked “McCann,” a reference to the former head of the office’s homicide unit, Ed McCann. Some of the boxes were also marked “Mumia,” or the former Black Panther’s full name, “Mumia Abu-Jamal.”

It is unknown what exactly the files say and whether or not the box’s contents will shed new light on a case that for decades has garnered worldwide attention.

But in a letter to the judge presiding over Abu-Jamal’s case, Assistant District Attorney Tracey Kavanagh wrote “nothing in the Commonwealth’s database showed the existence of these six boxes,” she said. “We are in the process of reviewing these boxes.”

The surprise discovery comes just weeks after a Philadelphia judge reinstated appeals rights to Abu-Jamal, saying the former radio journalist and activist should get another chance to reargue his case in front of the Pennsylvania Supreme Court due to a conflict-of-interest one of the justices had at the time Abu-Jamal’s petition was denied.

Abu-Jamal’s supporters are seizing on the mysterious six boxes as proof that his innocence has been systematically suppressed by authorities.

“There’s no question in my mind that the only reason they could’ve been hidden like this is that this is the evidence of the frame-up of Mumia,” said Rachel Wolkenstein, who has been a legal advocate and activist for Abu-Jamal for more than 30 years.

“What these missing boxes represent is confirmation of what we’ve known for decades: there’s hidden, exculpatory evidence in Mumia’s case, and that is evidence that Mumia’s guilt was intentionally manufactured by the police and prosecution and the truth of his innocence was suppressed,” Wolkenstein said.

The Philadelphia District Attorney’s Office did not say anything at all about what is in the boxes, or whether there is evidence that the files are exculpatory, or capable of demonstrating that Abu-Jamal did not commit a crime. During his original trial three separate eyewitnesses testified Mumia did commit the murder of Philadelphia Police Officer Daniel Faulkner.

Wolkenstein’s assessment is wild speculation, according to Ed McCann, the former homicide unit chief whose name was scrawled across the six boxes. McCann left the office in 2015 after 26 years there as a prosecutor. He was never directly involved in Abu-Jamal’s case.

“I can’t tell you 100% what is in these boxes,” McCann said Wednesday night. “But I doubt there is anything in them that is not already in the public eye.”

How and why did six boxes tied to one of the most legendary and racially-charged cases the office has ever handled get relegated to a dusty storage room?

McCann is not sure. But he said when the office moved locations in 2006, hundreds of boxes with his name written them were moved into the current headquarters on South Penn Square, just across the street from Philadelphia City Hall.

“I don’t remember these six boxes. But nobody over there discussed this with me before filing this letter,” McCann said. “I would think if they were really interested in what happened, they would have reached out to me.”

In the two-page letter to the court, assistant district attorney Kavanagh wrote that if Judge Leon Tucker would like to review the boxes, prosecutors will turn them over.

Tucker, who is the same judge who ordered that Abu-Jamal should be given a new appeals argument, has not weighed in on the newly-discovered boxes.

But in his opinion last month, Tucker said former Pennsylvania Supreme Court Justice Ronald Castille should have recused himself from hearing Abu-Jamal’s petitions, since Castille himself was Philadelphia’s District Attorney when the case was actively on appeal. “True justice must be completely just without even a hint of partiality, lack of integrity or impropriety,” wrote Tucker, saying a new hearing in front of the state’s high court is warranted.

Prosecutors have not taken a position yet on Tucker’s opinion. The files unearthed in the six boxes could influence whether Krasner’s office supports or opposes a new hearing for Abu-Jamal.

Wolkenstein said the thousands of people who have joined the “Free Mumia” movement around the globe should be able to review the documents themselves.

“These files should be released publicly,” Wolkenstein said. “The remedy for this is nothing less than dismissal of Mumia’s charges and his release from prison.”

2593. Mumia Abu-Jamal Wins the Fight to Receive Treatment for Hepatitis C

By Friends of Mumia Abu-Jamal, April 1, 2017

Mumia Abu-Jamal has been denied medical treatment in prison despite a diagnosis of hepatitis C

On March 31, 2017, Mumia Abu-Jamal received a cruel mix of bad and good news from a prison doctor. The doctor shared the results of his recent lab test, which showed clear signs of cirrhosis, an irreversible scarring of the liver caused by his untreated Hep C. The doctor also informed Mumia that he would be treated with the Hep C cure within a week.

The impending victory was bittersweet. Mumia shared his feelings with those he called that morning. His rare expression of emotion was also captured in an interview that evening in which he stated: “My first reaction was really shock, anger, disbelief. If I had been treated in 2015, if I had been treated in 2012 when they say they first diagnosed it, I wouldn’t be this far advanced.…For a lot of guys and a lot of gals inside the Pennsylvania prisons, I think it is a step forward and a great day, but I assure you I don’t feel that way right now.”

The Pennsylvania Department of Corrections’ apparent concession to treat Mumia with the Hep C curewas achieved through an agonizing two-year battle waged in the streets and through two court suits. However, Mumia has not yet been treated and will not be without our vigilance and continued protests.

If he is treated immediately, Mumia can expect to return to good health; but patients who have developed cirrhosis are more susceptible to developing liver cancer in the future and have to be monitored for the rest of their lives.

In the face of Mumia’s battle for humane medical treatment, the PA DOC had adopted a retaliatory posture and accelerated its efforts to silence and kill Mumia by delaying treatment. Because of the failure to treat his Hep C, over the last two years, Mumia fell into a diabetic coma, experienced severe brain swelling, and suffered a painful skin condition that disfigured his body. In the last year, he and others in the prison have been forced to bathe in and drink water that is often visibly contaminated—“black and turbid,” as Mumia put it.

Many of Mumia’s supporters around the world believed that Mumia received treatment back in early January 2017 because a federal judge ordered the DOC to provide it. But a stubborn and stonewalling PA DOC refused to comply with the ruling. The judge ordered Mumia’s immediate treatment citing the unconstitutionality of the PA DOC’s Hep C treatment protocol. The judge denounced the DOC, whose protocol “deliberately delays” treatment with the standard Hep C cure until the prisoner experiences bleeding of the throat, among other deadly symptoms. The decision cited eight amendment rights violations prohibiting cruel and usual punishment.

The ongoing foot dragging by the PA DOC was confirmed this week. On the same day that the prison doctor delivered the news to Mumia, PA DOC attorneys filed a scandalous motion in court. They asked the judge to dismiss Mumia’s legal health suit on the basis that the DOC had decided to treat Mumia under the guidelines of pre-existing HEP C treatment protocol —the same protocol that the judge previously declared “unconstitutional.” 

These arguments demonstrate the DOC’s attempt to undermine the legal implications of Mumia’s legal suit and the DOC’s own misconduct. When Mumia is finally administered the cure, his treatment will establish precedent for the treatment of thousands of PA prisoners with Hep C, as well as people on the outside who can't afford the medication. Mumia’s battle has exposed the deadly crisis of medical care in the prisons and the barbarism of the U.S. for-profit health care system that charges 90K for the Hep C cure. 

As history shows, a judge’s ruling does not ensure its implementation, especially when it challenges ruling interests.  For this reason, we are asking you to take action and demand immediate Hep C treatment for Mumia, for the more than 700,000 prisoners with Hep C across the country and the millions suffering with the untreated, deadly disease outside the prison walls in our neighborhoods.

This moment has also created an opportunity to uphold Mumia’s innocence and fight for his freedom. On Monday, April 24, 2017, the day of Mumia’s birthday, his attorneys will challenge his conviction in the Philadelphia Court of Common Pleas. We are calling on you to join us at the courthouse and in the streets.

On April 24, his conviction attorneys, Judith Ritter and Christina Swarns (NAACP Legal Defense Fund), will take advantage of the recent Supreme Court ruling in Williams v. Commonwealth to show how judicial and prosecutorial bias in all of Mumia’s state appeals have kept him behind bars. This important Supreme Court ruling determined that a judge cannot fairly adjudicate an appeal of a case for which he/she has previously had a personal role in a significant prosecutorial decision.

In Mumia’s case, Judge Ronald Castile, the same judge under scrutiny in Williams v. Commonwealth, also was the elected Philadelphia District Attorney responsible for the arguments made to the Pennsylvania Supreme Court in 1988 to uphold Mumia’s trial conviction and death sentence. Castille had also been a high-level assistant DA during Mumia’s trial. After he was elected to the PA Supreme Court in 1994, he was involved in deliberating and denying all of Mumia’s state appeals against the decisions of “hanging judge” Albert Sabo and Pamela Dembe who upheld Mumia’s death sentence and denied him a new trial during multiple appeals between 1998-2007. These judges denied a new trial despite Mumia’s innocence, that evidence of his guilt was manufactured by the police and prosecution and that he had been denied virtually every due process right and protection owed under the U.S. constitution.

During the appellate filing, Mumia’s attorneys asked Judge Castille to recuse himself because of this bias,citing also the judge’s close relationship with the Fraternal Order of Police (FOP), which lobbied for Mumia’s conviction. The FOP funded Castille’s bid for the Pennsylvania Supreme Court and honored him as “Man of the Year.” In response to Mumia’s attorneys, Justice Castille responded stridently that he would not step aside, noting that he should not be singled out because five of the seven judges of that Pennsylvania Supreme Court were also supported by the FOP. It is no surprise that the court did not find one single error in the original court proceedings and thus upheld his death sentence and denied Mumia the right to a new trial.

We demand the immediate release of Mumia!

We are calling on you to do two things:

1.     Call the DOC to demand immediate treatment for Mumia and all PA prisoners with Hep C ---

PA DOC Secretary John Wetzel, (717) 728-2573

(Email) ra-crpadocsecretary@pa.gov --

(Twitter) @johnewetzel * @CorrectionsPA

2.     Join us in Philadelphia on Monday, April 24, 2017 at 8:30AM, at the the Philadelphia Court of Common Pleas to assert Mumia’s innocence and call for his immediate release.

Center for Criminal Justice, Courtroom 1101, 1303 Filbert Street, Philadephia, PA

Signers in solidarity,

International Concerned Family and Friends of Mumia Abu-Jamal

MOVE

Campaign to Bring Mumia Home

Abolitionist Law Center

Free Mumia Abu-Jamal Coalition (NYC)

Educators for Mumia Abu-Jamal

Committee to Save Mumia Abu-Jamal

Mundo Obrero/Workers World

Philly REAL Justice

Sankofa Community Empowerment

Millions for Mumia/International Action Center

Mobilization to Free Mumia Abu-Jamal/Northern California

Le Collectif Français "Libérons Mumia”

German Network Against the Death Penalty and to Free Mumia Abu-Jamal

Amig@s de Mumia de México

Saint-Denis Free Mumia Committee

2582. Remembering Lynne Stewart

Jeff Mackler, Socialist Action, March 7, 2017

Lynne Stewart with her husband Ralph Pointer. Photo: Louis Lanzano/AP.

A few minutes ago my dear friend and comrade Ralph Poynter called to say that his lifelong companion, Lynne Stewart, passed away. She was 77, of Irish origin, and a born fighter who unswervingly devoted herself to humanity’s cause.

Just a few weeks earlier Lynne pledged to meet me in NY in a couple of months, over dinner to be sure, when we would dance once again to demonstrate that her life still had some time to go …  and for joy.

A few years earlier, when prospects looked bleak to win her freedom based on “compassionate release,” Lynne insisted that she would prevail and that she would celebrate with us in San Francisco to the tunes of a brass band. Sure enough, a brass band did appear at Lynne’s welcome home San Francisco rally, and she and Ralph, surrounded by her loving friends, danced in the streets at 15th and Valencia. It was a victory well worth the effort, allowing Lynne a couple of more years to fight on against all that is evil in this barbarous capitalist world, and to smile at every inch we collectively gained as we fought back.  

Lynne was always surrounded by family and loved ones, with children from her first marriage, and Ralph’s too, as well kids together, and grandkids—all filled with admiration for Grandma Lynne—all the recipient of Lynne’s warmth, dedication, mindfulness and love.

Lynne was fond of saying, including to The New York Times reporter who interviewed her at her home a few weeks before her death, that she had no intention of leaving this earth quietly. Quoting Dillon Thomas she told The Times, whose reporter followed the next day with a contemptuous hate piece  recounting his corporate master’s ire for everything wonderful in Lynne life and struggles, that she had no intention of “going gently into that good night.”

That was Lynne’s credo, her detractors notwithstanding. Always the poet’s words in mind, Lynne insisted:

“Do not go gentle into that good night,
Old age should burn and rage at close of day;
Rage, rage against the dying of the light.”

Funds are urgently needed to cover final family expenses. Give generously comrades and friends. We are honoring Lynne’s gift to us all and to all who rage against injustice everywhere.

 Lynne Stewart Organization, 1070 Dean St., Brooklyn, NY 11216. 1st floor. (Make checks payable to Lynne Stewart Org.)

*****

By Jeff Mackler, March 6, 2017

This morning I spoke with Lynne Stewart’s husband, Ralph Poynter, at their home in Brooklyn, N.Y. We managed to do the call via video camera, where Ralph and the family were surrounding Lynne, who had just had a second series of mini-strokes that rendered her unable to speak but able to hear what were perhaps my last words of love and solidarity. Lynne opened her eyes in acknowledgment, bravely trying to muster a smile.

Lynne’s cancer has now spread throughout her body, including her brain. Ralph explained that her days are numbered and she is unlikely to make it to her next scheduled medical appointment on March 16.

Lynne and I go back some 63 years, to 1954-58 when we were students at Jamaica High School in Queens, N.Y. We relished singing the Jamaica High School song together at many a solidarity meeting. Decades later, we taught school in NYC, and were union activists in the late 1960s, when we opposed the 1968 racist school strike led by the AFT’s reactionary leader, Albert Shanker. In those days, young Lynne, now 77, was often seen unconventionally riding on the back of Ralph’s motorcycle, on her way to this or that protest.

Another several decades later, when Lynne faced frame-up charges of conspiracy to aid and abet terrorism stemming from her issuing a press release on behalf of her client, the famous blind Sheik Omar Abdel Rachman, we engaged once again to try to win her freedom. After a long legal battle, when I headed Lynne’s defense committee on the West Coast, Lynne was cruelly sentenced to 10 years in a Texas prison, after vindictive federal prosecutors appealed a federal court judge’s sentence of some 18 months.

After she had served three years in prison, we mounted a campaign that won the support of 70,000 social activists across the country. Lynne, cancer ridden, was finally granted “compassionate release” following her prison doctors’ diagnosis that she had less then a year to live. Lynne beat the odds and spent almost three years in freedom, continuing her lifelong commitment to defending all those victims of capitalist injustice.

Lynne was among [unjustly imprisoned political activist and writer] Mumia Abu-Jamal’s most ardent supporters. Lynne’s court cases included some of the seminal Weatherman cases in the 1970s as well as an amazing victory on behalf of Larry Davis, who defended himself against a multiple cop shooting invasion of his house, where a number of the shoot-first police were killed.

Pilloried by the corporate media, who mocked her every success in the rigged criminal “justice” system, Lynne never bent to her accusers’ contempt for an attorney for those on the other side of the class line, as Lynne aptly described it, no matter how unpopular her client.

Lynne’s life was one of dedication to all the people’s causes. I valued her friendship, her humor, her sparkle, and her hatred for all that is evil and yet love for all that is beautiful. Only Lynne began or ended her speeches by reading from one of the world’s great poets, whose universal appeal to what is best in all of us, rang true.

No doubt we will remember Lynne well when we in the Bay Area plan to memorialize her lifelong achievements. Meanwhile, her family is in dire need of financial support as these last days painfully proceed and the months before. Here’s an appeal by Ralph and the family’s long-term friend, Betty Davis.

Please send your generous contribution as per the information below.

In solidarity and with the greatest admiration for a comrade and friend whose life set the bar high for all of us who cherish human freedom and dignity.

Jeff Mackler is the past West Coast coordinator of the Lynne Stewart Defense Committee and director of the Mobilization to Free Mumia Abu-Jamal.