By Dave Lindorff
"I would unite with anybody to do right and with nobody to do wrong."
--Frederick Douglass
On the evening of February 25, 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 delegates 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 Victims' 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 way back in December, leaders and individual board members of several of the organizations in the US 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 US 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 US 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 US coalition for abolition of the death penalty,” the memo claimed that the French organizers of the World Congress, Together Against the Death Penalty (ECPM), had arranged to have Abu-Jamal speak “over objection.” The memo further further asserted that the abolitionist movement in the US is 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 US that advocates the execution of Abu-Jamal and all other prisoners convicted of killing of police officers. The FOP, said the memo, has “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 US.”
ThisCantBeHappening! this past week obtained a copy of that secret memorandum.
When we showed it to some other members of the boards of the organizations whose officers or individual board members had signed their names to it, 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 Ethyl and Julius Rosenberg, who were executed as spies in 1953, is also a member of the MVFHR board. Currently traveling on behalf of the organization in Asia, he said through a staffer in the US 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 Lowenstein remain unanswered, though a staffer at the MVFHR Boston office, Susanna 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 Focus. 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 member of the DPF board, attorney Elizabeth Zitrin.
Other signers of the memo were Thomas H. “Speedy” Rice of the National Association of Criminal Defense Attorneys, Kritsin Houlé of the Texas Coalition to Abolish the Death Penalty and Juan Matos de Juan of the Puerto Rican Bar Assn.
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--says, “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 Beghosian, 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 US, and which was not advised of the plan to circulate the memo on behalf of the US Steering Committee to the World Coalition, despite the NLG's being a member of the WCADP, roundly condemned the secret effort to silence Abu-Jamal at the March event.
“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 enslaved to the whims and personal biases of police, prosecutor, judge, and jury. While cultivating certain voices of law enforcement 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 Beghosian 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 of 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 was made 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 jurdge’s robing room, “Yeah and I’m gonna help them fry that nigger!”
During the tortuous appeals process, both the state and federal courts have shamelessly bent their rules and violated precedents 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 trail. 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."
Abu-Jamal himself, interviewed by phone last Friday from his cell at the super-max death row facility SCI-Greene in western Pennsylvania, blasted the attempt to silence him at the Congress, and to ostracize him from the American abolitionist movement. “They are really making deals with the devil,” he said, of claims that the US 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 opposition (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 penalty was lifted by a federal judge in 2001, only to have the US 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, calls the signers of the memo “co-conspirators,” and says they are “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,” he says, “and said okay let’s free the slaves, except those uppity ones with prices on their heads like Harriet Tubman and Frederick Douglass, we’d still have slavery today.” Abu-Jamal said it appeared that the abolitionist movement appeared to have lost its way, and said 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 doomed inmates are non-white.
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Here is the text of the secret Memorandum to WCADP.
CONFIDENTIAL MEMORANDUM to ECPM
from the US members of the Steering Committee of the WCADP Involvement of Mumia Abu-Jamal endangers the US coalition for abolition of the death penalty
ECPM has unilaterally, and over objection, determined to give the Mumia Abu-Jamal case a prominent role in the upcoming 4th World Congress Against the Death Penalty, including the participation of Mr. Abu-Jamal's lawyers and his direct participation by telephone. The US members of the Steering Committee of the World Coalition Against the Death Penalty do not agree to this, because it will be counter-productive to our effort to achieve abolition in our country.
The Abu-Jamal case, regardless of its merits, acts as a lightning rod that galvanizes opponents of abolition and neutralizes key constituencies in the cause of abolition. Continuing to give Abu-Jamal focused attention unnecessarily attracts our strongest opponents and alienates coalition partners at a time when we need to build alliances, not foster hatred and enmity.
While Abu-Jamal still attracts some positive attention outside of the United States, it is at a real cost to the US abolition effort. In 1999, the world's largest association of professional law enforcement officers, the Fraternal Order of Police, announced a boycott of organizations and individuals who support Abu-Jamal. Bills have been introduced in both houses of the US federal legislature condemning the naming of streets for Abu-Jamal. The result is that Abu-Jamal, rather than abolition of the death penalty, becomes the issue and the focus of attention. That is dangerously counter-productive to the abolition movement in the US.
The voices of the Innocent, the voices of Victims and the voices of Law Enforcement are the most persuasive factors in changing public opinion and the views of decision-makers (politicians) and opinion leaders (media). Continuing to shine a spotlight on Abu-Jamal, who has had so much public exposure for so many years, threatens to alienate these three most important partnership groups.
The support of law enforcement officials is essential to achieving abolition in the United States. It is essential to the national abolition strategy of US abolition activists and attorneys, that we cultivate the voices of police, prosecutors and law enforcement experts, to support our call for an end to the death penalty. It was key in New Jersey and in New Mexico, it is fundamental to abolition throughout the US, and it will be a primary focus for 2010 and beyond. We have begun to make real progress with police officers and prosecutors speaking out against the death penalty as a failed policy.
«In a national poll released in 2009, the nation's police chiefs ranked the death penalty last in their priorities for effective crime reduction. The officers did not believe the death penalty acted as a deterrent to murder, and they rated it as one of most inefficient uses of taxpayer dollars in fighting crime .... "
Death Penalty Information Center, The Death Penalty in 2009: Year End Report, December 18,2009. If the 4th World Congress gives Abu-Jamal and his lawyers the focus and attention proposed by ECPM, the US movement for abolition will be exposed to a serious backlash that will directly damage the delicate alliances we are building with essential groups. As international representatives of the US abolition movement, we cannot agree to the involvement of Abu-Jamal or his lawyers in the World Congress beyond attendance.
For these reasons, providing Abu-Jamal the World Congress stage will require us to consider how to distance our programs in order to protect our vital alliances with our key partners and constituencies. To be effective ad- vocates within the US we must and will continue our strategic approach to abolition with our core allies and our evolving partners. Featuring Mr. Abu-Jamal's case as ECPM has proposed presents an unacceptably high risk of fracturing a developing but still fragile alliance with vitally important constituencies - constituencies that can either help our movement reach the goal of abolition or severely hinder our progress.
Elizabeth Zitrin (DPF), Renny Cushing and Kate Lowenstein (MVFHR), Speedy Rice (NACDL), Kristin Houle (TCADP), Juan Matos de Juan (PRBA)
21 December 2009
