Fry That What?

The case of Mumia Abu Jamal, on death row in Pennsylvania for killing a white police officer in 1981, is raising some interesting issues surrounding jury selection.

The court found that the prosecution used two-thirds of its vetoes to deliberately remove persons of colour in a county that consisted primarily of minorities. The resulting jury was 9 whites and only 3 African-Americans.

Although the issue of race selection was raised at trial, the judge there stated he was,

…going to help’em fry the nigger.

Recent Dissent

The recently released decision in Abu-Jamal v. Horn stated in dissent,

Excluding even a single person from a jury because of race violates the Equal Protection Clause of our Constitution. See Batson v. Kentucky, 476 U.S. 79, 84-86, 99 n. 22, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). This simple justice principle was reaffirmed by our Supreme Court this past week. Snyder v. Louisiana, No. 06-10119, 2008 WL 723750, at *4 (Mar. 19, 2008)…

No matter how guilty one may be, he or she is entitled to a fair and impartial trial by a jury of his or her peers. As Batson reminds us, “[t]he core guarantee of equal protection, ensuring citizens that their State will not discriminate on account of race, would be meaningless were we to approve the exclusion of jurors on the basis of . . . race.” Id. at 97-98. I fear today that we weaken the effect of Batson by imposing a contemporaneous objection requirement where none was previously present in our Court’s jurisprudence and by raising the low bar for a prima facie case of discrimination in jury selection to a height unattainable if enough time has passed such that original jury records are not available. In so holding, we do a disservice to Batson. I respectfully dissent.

Counsel for Mumia stated,

A new jury trial has been ordered by the federal court on the question of whether Mumia should be sentenced to life or death, due to the trial judge’s unconstitutional and misleading instructions to the jury. It is a positive step in any capital case when a court finds that the death penalty was wrongfully imposed. Mumia is pleased with this part of the ruling because it could help others on death rows across the U.S. The prosecution now has various options including seeking reconsideration by the federal court and petitioning the U.S. Supreme Court to have the death sentence remain intact.

Lessons from an American Gangster

In American Gangster, the notorious drug dealer Frank Lucas (played by Denzel Washington) is scolded by his mother,

Everbody knows you don’t kill cops.

So why then Mumia?

The real Frank Lucas reported in an interview with HOT 97 FM that that he was extorted by corrupt cops for $200,000 a week.

By 1977, 52 of the 70 officers in the NYPD Special Investigation Unit were in jail or under indictment due to Lucas’ testimony.

Russel Crow plays Richie Roberts in the movie, “seemingly the only honest detective in New York,” and is warned by his partner early in the movie.

They find $1 million and Roberts wants to turn it in, but his partner says that cops that turn in that much money also turn in other cops, and,

…cops kill cops they can’t trust.

But it was Lucas that actually put a hit out on Richie Roberts, a scenario that is surprisingly similar to that of Mumia’s case.

Newer Evidence

Decades after the initial trial, there is some disturbing evidence regarding Mumia that has raised some flags.

An affidavit of Arnold Beverly declared that he shot the officer in question as part of a contract killing on behalf of the mob and corrupt members of the police force.

The officer had been interfering with payments to police involved in prostitution, gambling and drugs and other unsavoury business.

Despite the confession of this American gangster, the evidence was considered not admissible due to the witness’ criminal record and delays in producing it.

But there’s more.

A 2002 declaration by Yvette Williams stated that one of the key witnesses, who was a known paid informant for the police, revealed to her while they were both in protective custody that she testified against Mumia under duress of threats by police and vice.

Other witnesses are alleged to have recanted their testimony, and medical documents and staff have undermined other claims by the Crown to Mumia’s confession.

But it’s the now affirmed tainted jury pool, previously rejected by Mumia’s adversaries, that now leds greater credence to all their other claims.

Racial Bias in the Courtroom

Human Rights Watch review of the U.S. in 1996 found,

The scheduling of Mumia Abu-Jamal’s execution by the state of Pennsylvania for August 17, 1995, sparked an international campaign for clemency in his case. Abu-Jamal, a former radio journalist and African-American political activist, had remained on death row since 1982 when he was convicted_amid widespread accusations of racial bias in the courtroom, inadequate representation, and prosecutorial misconduct_of the 1981 killing of a Philadelphia police officer. Abu-Jamal continued to proclaim his innocence. The governments of Germany and Belgium appealed to U.S. authorities on his behalf, President Chirac authorized the French ambassador to Washington to take “any step that might help to save the life of Mr. Mumia Abu-Jamal,” and Italian parliamentary deputies passed a Lower House motion urging their government to press the United States to lift Abu-Jamal’s death sentence. Although the governor of Pennsylvania rejected all intercessions, a court of common pleas judge granted a stay of execution to enable Abu-Jamal to complete his appeals process.

The Fraternal Order of Police, instead of providing greater scrutiny to their own ranks, have organized an economic boycott against anyone who dare question Mumia’s case.

Abu Jamal is an iconic figure among civil rights groups who protest a racial bias in the justice system, and a victim of politics that continue to this day.  Irrespective of his guilt or innocence, the trial of Mumia Abu Jamal has itself been characterized by controversy and racism that speak to legal reform.

He even features prominently in the underground hip-hop community, who have collaborated to call for his release.

Hear Mumia on war and Canadian drugs (starting at 2:00), recorded while on death row:

h/t sketch thoughts