ムミアは、現在、フェイズIIの状態におかれています。フェイズIIとは、死刑執行を前提として、以下のような高度な監視・管理体制におかれることを意味します。
弁護団は執行命令の出た二日後の10月15日に連邦地裁に対して、人身保護請求を出し、同時にそれに関連して公判廷を開き、証拠や証人を調べるよう要求しています。
連邦地裁での担当判事は William H. Yohn 氏です。(ヨーンと発音するのでしょうか?)彼は、10月26日(日本時間)夜の時点までの情報では、まだ執行命令の効力停止命令を出していません。したがって、連邦地裁に提訴されたにもかかわらず、12月2日という死刑執行期日は活きたままです。これは、異常なことです。通常、人身保護請求が出されれば、自動的に執行命令の効力停止、つまり執行の延期が宣告されるはずです。即日執行停止になることもまれではないようです。しかし、いまのところ、提訴から10日以上を経過しているにもかかわらず、死刑執行は停止されていません。
また、連邦地裁段階で証拠調べなどの公判廷が開かれなければ、それ以降のプロセスでは証拠調べが行われないため、悪名高いセイボ判事による州段階での証拠認定がそのまま連邦諸裁判所で維持され、再審棄却という結論も維持される危険性が極めて高くなります。
現在問われているのは、したがって
ムミアの死刑執行停止を求める市民の会とアムネスティ・インターナショナルでは、現在集めているリッジ知事宛の署名をとりまとめるさい、コピーをとって、Yohn判事に対しても、上記の要請をつけて送る予定にしています。
********** ALERT *************** >From: "leslie jones"Date: Thu, 21 Oct 1999 09:15:41 PDT ONA MOVE!!! please help spread the word.... URGENT ACTION ALERT! MUMIA's LIFE DEPENDS ON US! Mumia's case has been assigned to Federal District Court Judge William H. Yohn. Judge Yohn has NOT yet lifted Mumia's death warrant by granting a stay of execution! As a result the judge is FORCING people to take to the streets! Suppporters in both San Fransico and Chicago have been ATTACKED by police because they WILL NOT remain silent and allow this government to commit MURDER! As early as Tuesday, October 19, 1999, Judge Yohn's clerk announced that BOTH sides could send letters to the judge stating their position on the case. The International Concerned Family & Friends of Mumia JUST LEARNED of this announcement yesterday, October 20th. A day AFTER the announcement! That means that this system--as is ALREADY EVIDENT by Mumia's continued captivity on PHASE II--can still NOT BE TRUSTED to do what is right! The International Concerned Family & Friends of Mumia Abu-Jamal is asking that THE PEOPLE DEMAND JUSTICE! We need EVERYONE to write to Judge Yohn and demand TWO things: 1. LIFT the death warrant by granting a stay of execution. 2. Grant Mumia an EVIDENTIARY HEARING. We are asking EVERYONE to write a letter to the Judge AND SEND A COPY to Mumia's attorney, Leonard Weinglass so that we will have ALL of the letters >from Mumia's supporters when it is time to go into court. Remember, BOTH sides have been told to send letters. Send your letters to... Judge William H. Yohn, Jr. United States District Court 2609 United States Courthouse 601 Market Street Philadelphia, PA 19106 (215) 597 - 4361 (215) 597 - 6390 (fax) AND SEND A COPY to Mumia's attorney Leonard Weinglass! address your letter to Leonard as follows... Judge William H. Yohn, Jr. c/o Leonard Weinglass, Esq. 6 West 20th Street Suite 10A New York, New York 10011 We know that the FOP is pressuring Judge Yohn NOT to lift the death warrant. Much depends on Yohn's decision. He can deny Mumia's request for an evidentiary hearing and decide the case based ONLY on the facts that Sabo let in--which DOES NOT include, among other things, the fact that the alleged "confession" was reported OVER 60 days after the shootings and that witnesses such as Pamela Jenkins and Veronica Jones have since come forward and testified in the PCRA hearings that they were COERCED by police and FORCED to LIE about Mumia being the shooter! By NOT lifting the warrant and NOT granting a stay of execution, Judge Yohn could be taking the position that Mumia's appeal can be disposed of BEFORE December 2, 1999. That means Mumia WOULD REMAIN ON PHASE II. We MUST DEMAND that the stay be lifted AND WE MUST DEMAND that Mumia receive this hearing! Here is some information to help you formulate your letter: THE STAY... Although Mumia has filed his new appeal in federal court, he has yet to receive a stay of execution. Another prisoner, who just got his death warrant, filed his federal appeal and got a stay the SAME day. A stay is supposed to be standard procedure. When Mumia filed his appeal in the state courts, he was not given an automatic stay then either. Instead, Sabo let Mumia's death warrant stand for 10 DAYS before his execution date! Sabo onll granted the stay because of the INTERNATIONAL AND NATIONWIDE PRESSURE OF THE PEOPLE! We MUST REMAIN VIGILANT! Remember, Mumia is still under FORCIBLE SUICIDE WATCH. That's 24 hour-a-day supervision with NO access to supporters by visit or telephone. THE NEW APPEAL... On Friday, October 15, 1999, Mumia's attorneys filed a writ of habeas corpus. In over 160 pages they cited 29 violations of Mumia's constitutional rights. These violations include: suppression of evidence by police and prosecutors the coercing of witnesses the fabricated "confession" story the suppression of documents about police surveillance of Mumia the ineffective defense counsel in Mumia's first "trial" how Mumia was NOT allowed to represent himself how Mumia was BARRED from the courtroom in his own "trial" the state's use of ALL of its 11 peremptory challenges to STRIKE Black people from the jury how the prosecutor used Mumia's involvement in the Black Panther Party to argue that Mumia should be executed THE DEMAND FOR A NEW HEARING... Mumia's habeas corpus petition to the federal court requests a hearing in the federal court to bring in the witnesses and evidence that were denied by Sabo in the Pennsylvania courts. Getting this hearing is CRUCIAL! It will be BOTH the first AND last time Mumia can present this evidence in court. If Mumia is denied an evidentiary hearing, ALL future appeals will be based on the "evidence" allowed and interpreted by Sabo. Only a new hearing can get the evidence of Mumia's actual innocence on the record! WE NEED EVERYONE TO TAKE A STAND! Write and DEMAND both that a stay and an evidentiary hearing be granted. For more information, contact Pam Africa, International Concerned Family & Friends of Mumia Abu-Jamal at 215-476-8812. keep up the good work! stay on the move...... ACT NOW! PASS IT ON!