Mumia's Court Victory.

Herb Boyd & Nayara Aridne, "Mumia's Hope," in Amsterdam News, April 28-May 4, 2011, at p. 1. http://www.amsterdamnews.com/

"Sunday was Mumia Abu-Jamal's 57th birthday, and on Tuesday, supporters were ecstatic upon learning that the United States Court of Appeals for the Third Circuit has unanimously declared his death sentence unconstitutional."

This is not the end of the journey on these matters because the state may still choose to communte Mumia Abu-Jamal's sentence to life without parole or to seek reimposition of a death sentence in a new penalty phase that "cures" the so-called "Constitutional infirmities."

The possibility of release still seems unlikely after nealry 30 years of imprisonment. For the first time in a long while, it seems probable or a matter of hope that Mr. Abu-Jamal will be set free. People all over the world will be delighted at the news. ("Freedom for Mumia Abu-Jamal" and "Mumia Abu-Jamal and the Unconstitutionality of the Death Penalty.")

"The decision by the Court of Appeals reaffirmed its 2008 ruling that Abu-Jamal's sentencing jury was misled about the process for weighing the evidence supporting a life sentence. In effect, jurors were led to believe they could only consider unanimously agreed-upon evidence in deciding if there were extenuating circumstances that would spare Abu-Jamal's life."

"Abu-Jamal was convicted of killing Philadelphia Police Officer Daniel Faulkner in 1981 and has been on death row since 1983."

The court let stand the first-degree murder verdict. I agree with the decision to the extent that it precludes imposition of the death penalty. I have read the Amnesty International description of this case with quotations from the trial transcript and other court records.

I am aware of a confession by another inmate bearing factual details suggesting authenticity that should result in a new trial. There is an abundance of evidence to establish (at least) a reasonable doubt in this matter where a man has spent 29 years in prison. There is also explicit evidence of judicial bias in a case where a judge says, before the trial begins: "I am going to help them fry that n_____."

Justice requires that Mr. Abu-Jamal be released prior to any determination by the state concerning a second trial on the penalty issue.

If Mr. Abu-Jamal's sentence is commuted, as it should be in light of this new federal appellate court ruling, then he is long overdue for a parole determination at the very least. As a model prisoner who has written internationally recognized works while incarcerated -- one of his books has been translated into Spanish and is available all over Latin America, including Cuba -- this "inmate" is a perfect candidate for parole.

I recommend to young Latinos Che's Motorcycle Diaries and Mumia's Live From Death Row. ("'Che': A Movie Review" and "Fidel Castro's 'History Will Absolve Me.'")

Along with Suzanne Ross, a longtime and heroic advocate for Mumia Abu-Jamal's release, I suggest commuting his death sentence to time served on a life sentence which would entitle Mr. Abu-Jamal to be considered for immediate release as a parolee.

"Almost since Abu-Jamal's initial sentencing, his case has been the source of international attention. Hundreds of rallies around the world have been held declaring that Abu-Jamal is innocent and demanding a new trial."

The significance of Abu-Jamal's case extends to defining the U.S. legal system as racist (which it is) to much of the world. The statistics confirm the problem of race bias and structural injustice. ("America's Holocaust" and "Driving While Black [DWB] in New Jersey" then "Havana Nights and CIA Tapes" and "Foucault, Rose, Davis and the Meanings of Prison.")

The biggest bias in the system is money. If you have plenty of money, then you are a white person whatever you look like; if you have no money, then you are a "negro" whatever you look like. ("Abuse and Exploitation of Women in New Jersey.")

Given America's history of race-based slavery and oppression of the poor and African-Americans, Abu-Jamal is a symbol for billions of people around the world of America's contradictions. Mr. Abu-Jamal's release would be a welcome indication of improvement in a deeply flawed court system.