sandman
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« Reply #41 on: December 23, 2007, 12:12:40 PM » |
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luckily the courts have disagreed with the assertions that "enough questions have been raised that he deserves a new trial."
that's the easy way out.
as for the racist jury bullshit....
MYTH #3
Jamal's supporters claim that prosecutor Joe McGill and Judge Albert Sabo conspired to "racially stack" the jury that convicted Jamal, in violation of his civil rights. Some supporters have gone so far as to claim that there was only one black juror at Jamal's original trial in 1982; others have said there were none. It is alleged that this "racially stacked" jury disregarded all the evidence and found Jamal guilty simply because he was black.
In his book "Race For Justice", Leonard Weinglass states, "During the course of the jury selection, the prosecution used eleven of fifteen peremptory challenges to excuse nearly 75 percent of the eligible black jurors." In his public presentations, Weinglass claims that the sole reason for the dismissal of these prospective jurors was the fact that they were black.
Jamal's lawyers also argue that his absence from an "in chambers conference," in which the Judge, the prosecutor, and Jamal's trial attorney (a black man) discussed and agreed upon the removal of a black juror who had violated sequestration, was a pretext to remove her because of her race.
BRIEF REBUTTAL
Though you wouldn't know it if you spoke to one of Jamal's supporters, the jury that convicted Mumia Abu-Jamal was not simply thrust upon him. Jamal represented himself throughout the jury selection process, and personally participated in the selection of each and every juror. He used his peremptory challenges (each side gets 20 of these, each of which allows them to reject one potential juror at their discretion) to remove an unknown number of white potential jurors -- although, at the time, no one thought to accuse Jamal of rejecting white people because of their race.
It is also of interest that prosecutor Joe McGill -- who was supposedly rejecting potential jurors solely because they were black -- accepted at least four black people for the jury. Further, Jamal personally used one of his own peremptory challenges to remove one of these black persons from the jury.
It is also known that McGill used ten (out of twenty) challenges to remove black potential jurors. But it is important to note that it is not unlawful to reject black potential jurors, any more than it is unlawful to reject white ones. What is unlawful is to reject a potential juror because of his or her race. Jamal has never offered any proof that McGill did that. On the contrary, the record shows a legitimate reason for McGill to have removed each of the black potential jurors he did:
1) Janet Coates. (Black) Indicated that she would be biased against police and that she had listened to Jamal on the radio. (N.T. 6/7/82, 129-30) 2) Alma Austin (Stipulated to being black at 1995 PCRA hearing.) Expressed strong feelings against the death penalty. (N.T. 6/8/82, 2.51-54) 3) Verna Brown (Black) Stated that she had listened to Jamal on the radio. (N.T. 6/8/82, 3.242-245) 4) Beverly Green (Race unknown. At the 1995 PCRA hearing Mr. Weinglass stated that he would verify that Ms Green was black, but later removed her from the witness list and withdrew the claim) Hesitant in answering the prosecutor's questions. (N.T. 6/8/82, 3.242-245) 5) Genevieve Gibson (Black) Listened to Jamal on the radio. (N.T. 6/10/82, 4.78) 6) Gaitano Ficordimondo (Race unknown) (N.T.6/10/82, 4.96) 7) Webster Riddick (Black) Expressed "strong reservations" about the death penalty. (N.T.6/10/82, 4.222-224) 8. John Finn (Race unknown) Stated that he was a member of the clergy, and was very hesitant to answer the prosecutor's questions directly. (N.T. 6/11/82, 5.75-82) 9) Carl Lash (Black) Stated that he had formerly been a "prison counselor". (N.T. 6/11/82, 5.105, 110-111, 113-114) 10) Delores Thiemicke (Race Unknown) At age 24, she was unemployed. (N.T. 6/11/82, 5.192-193) 11) Gwendolyn Spady (Black) Stated that she had listened to Jamal on the radio. (N.T. 6/15/82, 111-13) 12) Mario Bianchi (Race not of record.) Stated he listened to Jamal on the radio and had difficulty understanding the presumption of innocence. (N.T. 6/15/82, 111-113) 13) Wayne Williams (Black) Stated that he had listened to Jamal on the radio. (N.T. 6/15/82, 171-173) 14) Henry McCoy (Black) Stated that his daughter worked at a radio station with Jamal. (N.T. 6/15/82, 223-225) 15) Darlene Sampson (Stipulated that she was black at 1995 PCRA hearing.) Stated that she had listened to Mr. Jamal on the radio, that she had strong feelings against the Death Penalty and that she "could not be fair if the trial was a long one". (N.T. 6/16/82, 276, 281-291, 293-297)
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« Last Edit: December 23, 2007, 01:19:34 PM by sandman »
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