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mumia dismisses legal team
Mumia Abu-Jamal, award-winning journalist, innocent death row inmate and international known political prisoner for the past 19 years, has filed an unexpected "Motion for Withdrawal of Counsel for Conflict of Interest."
On Monday, March 5 Jamal formally moved to dismiss his chief legal
counsel Leonard Weinglass and his co-counsel Daniel Williams. Jamal's
petition, filed in the U.S. District Court for the Eastern District states:
"On Saturday, February 24, 2001 via Fed Ex, Petitioner [Jamal] learned
definitively that Mr. Williams was in the late processes of publishing a
book on the instant case, purported to be an 'inside account.'"
Jamal cited Rule 1.8(d) of the "Rules of Professional Conduct, Prohibited
Transactions," which prohibits "making or negotiating a literary
agreement based substantially on information acquired by way of a
lawyer's representation."
The petition states further:
"Upon information and belief, Petitioner avers that counsel has created
a clear undeniable conflict of interest based upon the said publication of
an 'inside account' which constitutes a breach of client loyalty.
"Accordingly, Petitioner seeks the withdrawal of present counsel
immediately, entry of pro se status and grant of reasonable time within
which to hire counsel for the petitioner." The term "pro-se" or "for
himself," means that for the time being Mumia is without counsel.
Mumia's petition provides the following argumentation:
"It is a long-standing principle of the law that where a conflict of
interest exists between client and counsel, the right to effective
assistance of counsel is seriously impaired. This is so because in such
an instance 'Counsel breaches the duty of loyalty, a characteristic
deemed to be 'perhaps the most basic' of counsel duties. Strickland v
Washington, 466 vs 665 (1984)."
The petition concludes with a citation from Rule 1.8 (d) above. "Prior to
the conclusion of representation of client a lawyer shall not make or
negotiate an agreement giving the lawyer literary or media rights to a
portrayal or account based in substantial part on information relating to
the representation."
The book in question, authored by Dan Williams, is titled, "Executing
Justice: An Inside Account Of The Case of Mumia Abu-Jamal." Scheduled
for publication by St. Martin's Press, New York, on April 9, it has not
been seen by Mumia or by the central leadership of his defense, the
International Concerned Family and Friends of Mumia Abu-Jamal.
Mumia, therefore, has yet to make any judgment of the book's content.
But the fact that it is to be published without Mumia's knowledge and
consent has shocked a number of attorneys who have closely followed
the case. This writer, a National Coordinator of Mumia's defense, has
just received an "advance uncorrected proof" of the book. I
immediately forwarded it to Mumia. A cursory review indicates that
while it carefully outlines Mumia's central legal positions, there may
well be a number of questionable formulations as well as inclusion of
subject matter that might be considered ambiguous, obscure or
unwarranted. At this point, facing an imminent press deadline, further
comment is not possible.
Leonard Weinglass, one of the nation's leading death penalty and
human rights attorneys, has refused comment on Mumia's action
dismissing him other than to state that he remains fully committed to
help in any way possible.
There is no doubt that under the present circumstances the Dan
Williams book will receive the closest scrutiny from those who seek
Mumia's executions. For this reason alone, it appears that a grave error
has been made.
Dangerous period ahead
Mumia's supporters have only recently become fully aware of the
extreme danger Mumia faces as his federal district court hearing
approaches. Under the provisions of the 1996 Effective Death Penalty
Act, should Judge William H. Yohn Jr., the federal district court judge
assigned to his case, rule against him, Mumia does not have an
automatic right to appeal. In the event of a negative ruling, to proceed
to the next level, Mumia must first receive from Judge Yohn a
"certificate of appealability," that is, permission from the very judge
who ruled against him. Lacking this, his right to appeal to the Third
Circuit of the U.S. Court of Appeals, does not exist. Thus, a negative
ruling from Yohn can immediately trigger the cancellation of Mumia's
current stay of execution. The clock will again begin to countdown the
days that remain for his life.
In the absence of this "certificate," while Mumia may appeal to the Third
Circuit, the court has no obligation to hear his case or respond. It can
stand mute and allow the expiration of a new order for Mumia's murder
by lethal injection and Mumia will be executed.
The National Coordinators of Mumia's defense have planned an
ambitious series of events to meet this challenge beginning with a
National Conference in Washington, D.C., March 30-31. The conference
will organize a major series of outreach projects designed to win new
support for Mumia from the National AFL-CIO and from major religious,
feminist, and human rights groups. An April 1-2 labor conference for
Mumia is scheduled in Washington, D.C. to follow the national
conference.
Saturday, May 12, 2001 has been set for a bi-coastal, San
Francisco/Philadelphia mass mobilizations with support actions called
for across the world.
Last week the Northern California-based Mobilization to Free Mumia
Abu-Jamal organized a regional meeting attended by 80 activists who
began the process of organizing for the west coast mass march and
rally. The San Francisco Labor Council immediately endorsed and
Mumia's labor supporters are expected to win endorsement from all
seven Bay Area labor councils as well as the state AFL-CIO.
The National Coordinators, now a group of some 15 leaders
representative of a broad range of organizations, has sounded the
alarm to all Mumia supporters. They have repeated loud and clear what
we have long known, that is, to save Mumia's life and win his freedom
we must build a massive worldwide movement that makes the price of
Mumia's "legal" murder too high to pay in regard to a fundamental loss
of credibility in the so-called criminal justice system.
Plans have been launched for the most massive mobilization ever on
the first day of Mumia's appearance in federal court. While it is
impossible to determine when this date will be set, it is clear that
human and democratic rights activists will mobilize worldwide to
converge on Philadelphia to "Stand With Mumia."
Free Mumia Abu-Jamal!
In Philadelphia call: International Concerned Family and Friends of
Mumia Abu-Jamal, 215-476-8812
In San Francisco call: The Mobilization to Free Mumia Abu-Jamal,
415-695-7745
