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General News    H3'ed 5/6/17

Chance for new trial?: DA Office Must Provide All Records of Top Judge's Role as DA in Opposing Mumia Appeal

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By Linn Washington and Dave Lindorff

Justice Castille,Judge Tucker and Mumia Abu-Jamal
Justice Castille,Judge Tucker and Mumia Abu-Jamal
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A Philadelphia judge has issued a stunningly powerful order requiring the city's District Attorney's Office to locate and release all documents related to the involvement of a former top prosecutor in the most contentious murder case in Philadelphia's history. Because that former DA, Ronald Castille later became- a state supreme court justice and ultimately chief justice, the order could shine a light onto the dark legacy of ethics shredding misconduct by members of the state's highest court.

It also opens the door a crack to the possibility that Mumia Abu-Jamal, currently serving a life sentence without possibility of parole, could have his 1982 murder conviction for the killing of a white Philadelphia police officer overturned.

The order, issued earlier this past week by Common Pleas Judge Leon Tucker, comes in an appeal filed by attorneys for celebrated jailhouse journalist Abu-Jamal. It represents yet another setback for the Philadelphia's District Attorneys Office, an office already reeling from federal corruption charges filed recently against the city's current DA Seth Williams.

Philadelphia prosecutors have spent decades fighting to sustain Abu-Jamal's murder conviction for the 1981 shooting death Philadelphia police officer, Daniel. Since Abu-Jamal's conviction by a mostly white jury in 1982, entities as diverse as Amnesty International, state and federal government officials and prominent individuals around the world have condemned his trial, conviction and appeals process as a miscarriage of justice fraught with misconduct by prosecutors and judges, including members of Pennsylvania's Supreme Court.

The current Abu-Jamal appeal centers on the legal unfairness of actions taken by former Philadelphia DA Castille, who as top prosecutor, oversaw the legal effort to keep Abu-Jamal on Pennsylvania's death row, and then later served as a top judge ruling on appeals of those very actions by his former office.

Years after his election to the Supreme Court of Pennsylvania in 1994, Castille joined four other judges in rejecting an appeal by Abu-Jamal for a new trial based on documented evidence of egregious misconduct by police, prosecutors and the judge who presided over Abu-Jamal's original 1982 trial and over his initial Post Conviction Relief Act hearing in 1995.

Abu-Jamal's legal team recently argued that Castille's vote in the court's 1998 rejection of their client's appeal violated ethics provisions covering judges in Pennsylvania --- a basic legal rights issue brushed aside by Pennsylvania's high court in its 1998 ruling.

This latest Abu-Jamal appeal centers on a 2016 ruling by the U.S. Supreme Court in Williams v. Pennsylvania granting convicted murderer Terrance Williams a new trial because of Justice Castille's refusal to recuse himself from a decision on Williams' appeal of his conviction. The U.S. Supreme Court in that case blasted Castille because he had, as DA, approved the decision to seek the death penalty against Williams"

For the rest of this article by LINN WASHINGTON and DAVE LINDORFF in ThisCantBeHappening!, the uncompromised, collectively run, five-time Project Censored Award-winning online alternative news site, please go to:www.thiscantbehappening.net/node/3533

 

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Dave Lindorff is a founding member of the collectively-owned, journalist-run online newspaper www.thiscantbehappening.net. He is a columnist for Counterpunch, is author of several recent books ("This Can't Be Happening! Resisting the (more...)
 

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