2000年１月13日
連邦地裁のヨーン判事が、１月14日の金曜日にワイングラス弁護士を裁判所に呼び、州裁判所におけるセイボ判事の決定を見直すための証拠の提出を認める趣旨を伝えたそうです。
96年に成立した「反テロリズムおよび効率的死刑法」によって、州の裁判官（この場合は悪名高いセイボ）の事実認定を連邦裁判所は尊重しなければならないことになっていますが、ヨーン判事はそれをそのまま認めず、弁護側の証拠提出を認めたことで、連邦裁判所での事実審理やり直しの明かりが見えてきました。
一歩前進です。もしかして大きな一歩。 メールの中でヨーン判事の名前のつづりが違っているのがちょっと気になるけ ど(独り言)
By Jerry Gordon, Secretary, January 12 International Delegation
Here is the situation. Under the Anti-Terrorism and Effective Death Penalty Act, enacted by Congress with Clinton's aggressive backing in 1996, federal judges are required to accord a presumption of correctness to the factual findings of state judges. Here's an example of how that was working in Mumia's case. As we know, witnesses who testified against him at the trial at which he was convicted came forward later and recanted their testimony.
Suddenly, this situation changed dramatically. On Thursday, January 13, Weinglass, while in New York, was summoned by the judge to appear at a hearing in Philadelphia the following morning. This hearing took place in chambers. The judge informed attorneys on both sides that he will now accept papers and hear arguments challenging the correctness of Sabo's findings of fact. This means he will review the entire record of the case, something that Abu-Jamal's attorneys had been arguing from the beginning that he should do (which he can do since presumptions in the law can be overcome with strong evidence). This is a major breakthrough in the case!
The timing of all this is striking. On Wednesday, January 12, the International Delegation met with three Deputy Assistant Attorneys General at the Justice Department. On Thursday, January 13, an article about the International Delegation appeared in the Philadelphia Daily News. On that same day, the federal judge called Weinglass and directed him to appear in court the following day.
Obviously, none of this suggests there should be any letup in building the popular movement to save Mumia Abu-Jamal's life. On the contrary, as we know, it is more important than ever to build that movement as massively as possible in the streets. The legal breakthrough that has been won should give all supporters of the struggle greater hope that the ultimate victory can be won and that Mumia Abu-Jamal will be freed.
A BREAKTHROUGH!
They testified before Judge Albert Sabo, who presided over the original trial,in a hearing on a motion for a new trial that they had been intimidated and threatened by police into giving false testimony against Abu-Jamal. Judge Sabo, in a finding of fact, decided these witnesses at the hearing on the motion for a new trial were not credible. In the federal proceeding, on the petition for a writ of habeas corpus, the Pennsylvania District Attorneys argued that the federal judge, William Yonge, was bound by that finding, as well as by the other Sabo findings of fact. Until Friday, January 14, the federal judge agreed, meaning he would not review the entire record of the case.