Geoclan.com
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About Geoclan.com
A domain that previously hosted a news website.
Exclusively on Odys Marketplace
$4,350
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Domain name Geoclan.com
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Interview with Hans Bennett
Hans Bennett (HB) : Currently, both Mumia and the Philly DA are appealing to the US Supreme Court.
First, Mumia is appealing for a new guilt-phase trial
On March 27, 2008 the US Third Circuit Court's three-judge panel of Thomas Ambro, Anthony Scirica, and Robert Cowen ruled against three different appeal issues, refusing to grant either a new guilt-phase trial or a preliminary hearing that could have led to a new guilt-phase trial for Mumia. However, on the issue of racist jury selection, also known as the Batson claim, the three judge panel of split 2-1, with Ambro dissenting.
"Welcome to Philadelphia?"--Demonstration for Mumia, Philadelphia, Aug. 17, 2001.
The 1986 Batson v. Kentucky ruling established the right to a new trial if jurors were excluded on the basis of race. At the 1982 trial Prosecutor McGill used 10-11 of his 15 peremptory strikes to remove otherwise acceptable black jurors, yet the court ruled that there was not even the appearance of discrimination. In his dissenting opinion, Ambro wrote that the denial of a preliminary Batson hearing "goes against the grain of our prior actions…I see no reason why we should not afford Abu-Jamal the courtesy of our precedents."
Mumia will be filing an appeal of this ruling with the US Supreme Court by the deadline of Dec. 19.
Second, The DA is appealing to execute without a new sentencing-phase trial.
On March 27, the three-judge panel unanimously affirmed Federal District Court Judge William Yohn's 2001 decision "overturning" the death sentence. Citing the 1988 Mills v. Maryland precedent, Yohn had ruled that sentencing forms used by jurors and Judge Sabo's instructions to the jury were potentially confusing, and jurors could have mistakenly believed that they had to unanimously agree on any mitigating circumstances in order to consider them as weighing against a death sentence.
According to this ruling, if the DA wants to re-instate the death sentence, the DA must call for a new penalty-phase jury trial where new evidence of Mumia's innocence can be presented. However, the jury can only choose between a sentence of life in prison without parole or a death sentence.
The DA is appealing this ruling to the US Supreme Court, so that if the court rules in their favor, Mumia can then be executed without benefit of the new sentencing trial. However, if the court upholds the 2001 and 2008 rulings, then the DA will either request a new sentencing trial or accept life in prison without the chance of parole.
Notably, at the DA's request, during the post-2001 appeals, Mumia has never left his death row cell or been given general population "privileges" such as contact visits with family.
GC: What got you interested in Mumia's case and how long have you been active in the struggle?
HB: In the summer of 1995, after I returned home to the SF Bay Area from my first year in college on the east coast, there were major protests supporting Mumia during his August PCRA hearing that summer. I had been researching the Black Liberation movement of the 1960's (most notably Malcolm X, the Black Panther Party, and Martin Luther King's latter years when he spoke out against capitalism and the Vietnam War), and in Mumia's case I saw all of these important issues of US racism and injustice manifested in this case, which I immediately began to research.