OnaMOVE!
There has been an urgent developement in Mumia's case which
could lead to execution if we don't take this very seriously and unite to
fight this gross injustice. Recently the stay was lifted from Mumia's
case which means that Mumia's life is in grave danger. Below is a
description of our important action on Sunday, July 11th along with a
legal update which explains the situation. Please join us on the 11th
to continue to build the movement to save the life of Mumia Abu-Jamal.
OnaMOVE!

This year the energy that we usually spend on a July 4th demonstration
will be used on Sunday, July 11th. That weekend is the national
conference of the NAACP and we will be meeting at 3 pm at the
Pennsylvania convention center at 1101 Arch Street to hold banners, pass
out leaflets, educate people of the grave injustice in Mumia's case and
sign folks up to work. Please spread the word and join us to demand
freedom for Mumia Abu-Jamal, an end to the racist death penalty and
freedom for all political prisoners.
OnaMOVE,
International Concerned Family and Friends of Mumia Abu-Jamal
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
July 5, 2004

On June 29, 2004, the U.S. Court of Appeals for the Third
Circuit lifted its stay in the case of Mumia Abu-Jamal, and ordered
briefing. At issue is whether the death judgment should stand. Also
pending is the prosecution's unconstitutional use of racism in jury
selection.

Robert R. Bryan, Mumia's lead attorney, has summed up the impact of
the latest developments:

"Mumia's case is now moving forward. He is in extremely grave
danger. The authorities want to silence his voice and pen. They thought
this could be accomplished by convicting this innocent man and placing
him on death row. However, his voice against injustice and oppression is
now stronger then ever, and is heard and read throughout the world. The
government knows that the only way to stop Mumia is to murder him in the
name of the law, to execute him. In over three decades of litigating
death-penalty cases, I have not seen one in which the government wants so
badly to kill a client. We must not rest until Mumia is free! "

The Court of Appeals briefing order came on the heels of a U.S. Supreme
Court decision in Beard v. Banks, ___ U.S. ___, 2004 WL 1402567 (June 24,
2004). The issue is whether this ruling should apply to the case of
Mumia. The prosecution is contending that the order for Mumia's execution
must remain and be carried out. However, it is the view of Mr. Bryan
that "...this tragically unfair decision in the Banks case should not
have an effect on Mumia."

Mr. Bryan explained that Beard v. Banks is a complicated case. The
Supreme Court ruled on the appeal by Pennsylvania stemming from a Court
of Appeals decision that invalidated the death sentence of George Banks,
who has been on death row over 20 years for multiple murder. Mr. Banks'
death sentence had been overturned on the grounds that the jury
instructions violated a Supreme Court ruling which held that jurors did
not have to agree unanimously on the existence of mitigating
circumstances in order to vote against death. The issue in the Banks
appeal was whether Mills v. Maryland, 486 U.S. 367 (1988) could be
applied retroactively, as the Court of Appeals for the Third Circuit had
held.

On June 24 the Supreme Court reversed in a 5-4 decision written by
Justice Clarence Thomas. He concluded that the Mills case, which held
unconstitutional capital sentencing schemes that require juries to
disregard mitigating factors not found unanimously, did not apply
retroactively. It was determined that the Banks conviction became
final in 1987, thus the 1988 Mills decision did not affect his case even
though what had occurred was unconstitutional. Hence, Mr. Banks and
others similarly situated could not benefit from the Mills decision and
his death judgment will stand. It is understood that about 30 other
Pennsylvania death sentences are at stake for similar concerns.

Mr. Bryan pointed out that Justice Stevens, joined by Justices Souter,
Ginsburg, and Breyer, strongly dissented. Justice Stevens said that the
"...cause of such a procedure is unquestionably unconstitutional today,
and I believe it was equally so in 1987 when respondent's death sentence
became final.'' He further explained that "...Mills simply represented a
straightforward application of our longstanding view that 'the Eighth and
Fourteenth Amendments cannot tolerate the infliction of a sentence of
death under [a] legal syste[m] that permit[s] the unique penalty to be .
. . wantonly and . . . freakishly imposed.'" Justice Souter said
that "...a death sentence based upon a verdict of 11 jurors who would
have relied on a given mitigating circumstance to spare a defendant's
life, and a single holdout who blocked them from doing so, would surely
be an egregious failure to express the public conscience accurately." He
found that too much importance is given "...to the finality of capital
sentences and not enough to their accuracy."

There are other legal developments concerning the legal fight to free
Mumia. Robert Bryan is awaiting a ruling on a petition he filed in the
trial court, the Court of Common Pleas, Philadelphia, concerning new
evidence of innocence and prosecutorial fraud. He will also be
attempting to go back into the U.S. District Court regarding the
statement by the trial judge, who said during the trial in reference to
Mumia:

"Yeah, and I'm going to help'em fry the nigger."
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Peace all,

It is urgent that Mumia Abu-Jamal's case be addressed at the upcoming
NAACP convention here in Philly. Local Chairman, J. Wyatt Mondesire has
promised Pam Africa that she would be able to speak about Mumia, only to
withdraw his invitation at the last moment. We are urging everyone who
reads this email to please contact the NAACP and demand that Mumia's case
be on that platform!
The very idea that the co-conspirators of this proposed murder will
be allowed to speak, i.e., Fast Eddie Rendell, while silencing the voice
that is at the forefront of attempting to avert that murder and speak
truth to the case is silenced at such an important event is intolerable!
Call J. Wyatt Mondesire. Call or email the National Branch, headed
by Kweisi Mfume MJfume himself at one time said that the case needed to
be examined, so let him live up to his words. Following is contact
information.


2004 Annual Convention
When: July 10-15, 2004
Where: Philadelphia, Pennsylvania
Pennsylvania Convention Center
1101 Arch Street
Philadelphia, Pennsylvania

local NAACP 215) 574-2174 1015 Chestnut St, Philadelphia,PA 19107
(215) 978-7500 1619 Cecil B Moore Ave, Philadelphia, PA 19121

NAACP 24 Hour Hotline (410) 521-4939

email: washingtonbureau-AT-naacpnet.org

PLEASE LET US HAVE A TOTAL, COMPLETE AND UNRELENTLESS ATTACK WITH THE
OBJECTIVE OF HAVING MUMIA'S CASE HEARD AT THE UPCOMING NAACP CONVENTION!
DO NOT TAKE NO FOR AN ANSWER.
MUMIA'S LIFE IS DEPENDING ON OUR ACTIONS!!

ONAMOVE AND FREE MUMIA!!