Above Photo: Reuters
Dear Friend,
Here is an update on both Mumia Abu-Jamal’s criminal conviction appeal and his medical care case, Abu-Jamal vs. Kerestes. Â
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Court action has potential to re-open Mumia’s criminal conviction!
On August 7th, Mumia Abu-Jamal filed an appeal based on a U.S. Supreme Court case decided in June. In a startling 5-3 decision (Williams v. the Commonwealth of PA), the U.S. Supreme Court held that former DA and retired Pennsylvania Chief Justice, Ronald D. Castille violated death row inmate Terence “Butter” Williams’ 5th Amendment due process rights when he refused to remove himself from Williams’ appeal.   This Supreme Court precedential ruling calls into direct question the validity of Mumia Abu-Jamal criminal conviction, and the denial of his appeals. Ronald D. Castille was a senior district attorney while Mumia’s case was being tried.  He was also the District Attorney of Philadelphia during Mumia’s direct appeals, and in addition while serving on the PA Supreme Court he rejected a recusal motion filed by Mumia’s defense.   Click here for the brief filed by Judith Ritter, Esq. & Christina Swairns Esq.
Abu-Jamal vs. Kerestes hep C ruling overdue
We are waiting for Judge Mariani’s ruling on the preliminary injunction. Â Stay tuned. Mariani will decide if Mumia receives immediate life-saving care or if he will be denied the cure. According to the PA DOC Mumia is not yet sick enough to get treatment for his illness. Â This case seeks treatment and redress for chronic hepatitis C which led to Mumia’s hospitalization and near death in March of 2015. Â Here is a brief summary of where the case stands from his lawyers:
“…On Friday, August 5,  Judge Mariani issued three decisions on various motions to dismiss by defendants. These decisions do not impact the merits of our motion for preliminary injunction for hepatitis C treatment, which is still pending before the court.   The main decision of Judge Mariani is that we need to refile an amended complaint alleging more specific facts of personal involvement of defendants Kerestes, Steinhart, and Oppman to bring our medical care claims, including the hepatitis C claims, against them. We have 14 days to do this and are already working on it. Next, the medical center Geisinger was dismissed because Mumia has been transferred from Geisinger and is no longer subject to its authority. The judge held his claim against Geisinger as moot. However, he permitted the same First Amendment association claim (based on the prohibition on visits and communication with his attorneys, wife and family during his May 2015 hospitalization) to proceed against defendant Kerestes.  We are putting together the amended complaint now and still waiting on the decision on the preliminary injunction. We have no idea why it is taking this long to rule on, though the judge has a reputation for moving slowly, apparently a very well-earned reputation… “ Bret Grote, Esq. (Abolitionist Law Center) & Robert Boyle Esq.
There have been numerous rulings and filings in the case, many of which we have posted at Mumia 101.  Â