David Lindorff’s, The Politics of Death: Throwing Mumia Abu-Jamal Under the Bus, is an excellent exposure of the “secret memo,” and how it came to be that a few leaders of the anti-death penalty movement–acting independently of their own members and boards of directors–turned their backs on the world’s best-known death-row prisoner, Mumia Abu-Jamal. We find it interesting that these “leaders,” identified here by Lindorff, should have picked the completely innocent Abu-Jamal to try to exclude from mention by the abolitionist movement.
The Labor Action Committee To Free Mumia Abu-Jamal stands squarely on the conclusion, based on the evidence, that Mumia Abu-Jamal is completely innocent of the murder charge for which he was convicted in 1982. While we have had our differences on this point with Lindorff in the past, we salute him here for this excellent denunciation of those who would treat his threatened execution–and his innocence–as if it was nothing.
(The text of the “Secret Memo” follows below the article.)
“I would unite with anybody to do right and with nobody to do wrong.” — Frederick Douglass
On the evening of February 25, participants at the Fourth World Congress Against the Death Penalty in Geneva, Switzerland had assembled from all over the globe for a dramatic Voices of Victims evening. It got more dramatic than they had anticipated though, when suddenly a cell phone rang and Robert R. Bryan, lead defense attorney for Mumia Abu-Jamal, jumped up on the stage to announce that his client had called him from death row in Pennsylvania.
The audience sat in rapt silence as the emcee held the phone up to the microphone. Abu-Jamal, on death row for 28 years after a widely disputed conviction for the murder of Philadelphia police officer Daniel Faulkner, greeted the delegates and then, as he has done on many occasions before, described to them the horrors of life in prison for the 20,000 people around the world who are awaiting execution.
A small group of American death penalty abolitionist leaders, led by Renny Cushing, executive director of Murder Victims’ Families for Human Rights, stalked out of the hall. Two members of MVFHR, however, remained in the hall: Bill Babbitt, whose brother Manny, a Vietnam vet suffering acute post-traumatic stress disorder, was executed in California; and Bill Pelke, whose grandmother was murdered by a girl whom he later befriended and helped to spare from execution. Babbitt even joined Bryan onstage during Abu-Jamal’s brief address.
What neither Babbitt nor Pelke, nor Abu-Jamal and his attorney, Bryan, knew at the time was that way back in December, leaders and individual board members of several of the organizations in the US abolitionist movement had signed — without their full boards’ or their memberships’ knowledge — a “confidential” memorandum, which they then sent to the French organizers of the World Congress, stating bluntly that, “As international representatives of the US abolition movement, we cannot agree to the involvement of Abu-Jamal or his lawyers in the World Congress beyond attendance.”
Purporting to be from “the US members of the Steering Committee” of the World Coalition Against the Death Penalty (though hardly an inclusive list of that committee’s membership) and titled, “Involvement of Mumia Abu-Jamal endangers the US coalition for abolition of the death penalty,” the memo claimed that the French organizers of the World Congress, Together Against the Death Penalty (ECPM), had arranged to have Abu-Jamal speak “over objection.” The memo further asserted that the abolitionist movement in the US is trying to “cultivate” the support of the ultra-conservative and staunchly pro-death penalty Fraternal Order of Police (FOP), an organization representing some 325,000 police officers in the US that advocates the execution of Abu-Jamal and all other prisoners convicted of killing of police officers. The FOP, said the memo, has “announced a boycott of organizations and individuals who support Abu-Jamal,” and therefore anything done by the Congress to aid his cause would be “dangerously counter-productive to the abolition movement in the US.” ThisCantBeHappening! this past week obtained a copy of that secret memorandum.
When we showed it to some other members of the boards of the organizations whose officers or individual board members had signed their names to it, responses ranged from consternation to outrage. Babbitt’s brother Manny was killed as a direct result of a corrupt law enforcement system in California that pressed for execution, even though it was clear from medical testimony that the elderly grandmother he allegedly killed actually died of shock when she discovered him breaking and entering her apartment. Left in the dark about the memo despite his being on the MVFHR board, Babbitt said, “My brother Manny’s last words to me were to always take the high road, and to me that means telling the truth and being open and transparent.” He added, regarding the content of the memo, “I think throwing Mumia under the bus is not the way to go in the abolitionist movement. You don’t make bargains with a wolf whose motive is to devour.”
Robert Meeropol, a son of Ethel and Julius Rosenberg, who were executed as spies in 1953, is also a member of the MVFHR board. Currently traveling on behalf of the organization in Asia, he said through a staffer in the US that he did not know about the memo, and added that he still stands “fully in support of a new trial for Mumia Abu-Jamal.”
Several calls seeking a comment from Cushing or Lowenstein remain unanswered, though a staffer at the MVFHR Boston office, Susanna Sheffer, said, “This is a complicated thing. You need to understand the depth and texture of this.”
Also surprised at the memo was actor Michael Farrell, president of the California abolitionist group Death Penalty Focus. Farrell, a long-time supporter of the call for a new trial for Abu-Jamal, said he had never seen the memo, though it was signed by a member of the DPF board, attorney Elizabeth Zitrin.
Other signers of the memo were Thomas H. “Speedy” Rice of the National Association of Criminal Defense Lawyers, Kritsin Houlé of the Texas Coalition to Abolish the Death Penalty and Juan Matos de Juan of the Puerto Rican Bar Assn.
Bryan, a veteran death penalty defense lawyer who served 10 years on the board of the National Coalition to Abolish the Death Penalty — three of them as the organization’s chair — says, “In all my years as an activist opposing the death penalty, I have never heard of any individual or group in that fight singling out anyone as an exception to our campaign to abolish capital punishment. Everyone is treated equally. To single someone out and say they don’t count is chilling. Where do you draw the line? At people accused of killing cops? At people accused of killing old ladies? People accused of killing children? Where does it stop? It’s appalling!”
Heidi Boghosian, executive director of the National Lawyers Guild, an organization that has long been in the forefront of the campaign to end the death penalty in the US, and which was not advised of the plan to circulate the memo on behalf of the US Steering Committee to the World Coalition, despite the NLG’s being a member of the WCADP, roundly condemned the secret effort to silence Abu-Jamal at the March event.
“Mumia Abu-Jamal’s case is emblematic of the inherent flaws in the capital punishment system,” she said. “That he is castigated by leaders in the abolitionist movement shows precisely what is wrong with the systemit is a system eenslaved to the whims and personal biases of police, prosecutor, judge, and jury. While cultivating certain voices of law enforcement may assist in efforts to achieve abolition, it should not be at the expense of exposing a case that embodies some of the most reprehensible actions on the part of the police, the district attorney and the judiciary. The powerful FOP, and their heavy-handed efforts to vilify Abu-Jamal and his supporters, should not be the barometer by which abolitionist leaders gauge their strategic priorities. Members of the abolitionist movement should be working together and not further censoring and ostracizing a death row inmate.”
What makes the American abolitionists’ petulant and manipulative behavior as expressed in the secret memo and their cynical threat to withdraw from the Congress particularly outrageous is that Abu-Jamal’s arrest, trial and appeals process has been, as Boghosian notes, a textbook case of police and prosecutor corruption, malfeasance and abuse. From the beginning, even before his arrest, Abu-Jamal’s case was poisoned by a police lust for vengeance. Although he had been shot through the lung and liver by a bullet fired from Officer Faulkner’s service revolver, and was in danger of dying of internal bleeding that was filling his lungs with blood, Abu-Jamal was left lying in a police wagon for almost half an hour before he was finally delivered to a hospital emergency room, where hospital staff and at least one police officer on the scene observed him being kicked and punched by the officers delivering him.