With
the December 9 anniversary of the 1981 murder of Philadelphia police officer
Daniel Faulkner, emotions are running high here in the Philadelphia area and
beyond. And Mumia Abu-Jamal continues to sit in prison for the crime, which he
maintains that he did not commit.
In
2001, a U.S. District Court judge upheld Abu-Jamal's conviction but questioned
the original death sentence and ordered resentencing. The case is currently
under appeal.
Abu-Jamal's
supporters insist that he is innocent, that he was set up, and that racial bias
and witness coercion had played a big part in an unfair trial. They also point
out that Faulkner was killed with a .44 caliber gun, while the gun that
Abu-Jamal was licensed to carry as a nighttime taxi driver was a .38 caliber.
On
the other side of the fence, supporters for the prosecution assert that
Abu-Jamal is guilty without a doubt, and many continue to call for his
execution. An eye for an eye. Pay for death with more death.
I
don't know whether Abu-Jamal is guilty or not. But the best way to find out for
certain is to ensure that the defendant receives a fair trial. And, given all
the doubts about the fairness of Abu-Jamal's 1982 trial, I believe that a new
trial is not too much to ask. After all, another life hangs in the balance
here.
Human
rights watchdog Amnesty International agrees. Back in 2000, after an extensive
investigation of the case, the organization issued a report that concluded the
following:
"Amnesty
International has determined that numerous aspects of this case clearly failed
to meet minimum international standards safeguarding the fairness of legal
proceedings. Amnesty International therefore believes that the interests of
justice would best be served by the granting of a new trial to Mumia Abu-Jamal.
The trial should fully comply with international standards of justice and
should not allow for the reimposition of the death penalty. The organization is
also recommending that the retrial take place in a neutral venue, where the
case has not polarized the public as it has in Philadelphia. Finally, the
authorities should permit prominent jurists from outside the USA to observe the
proceedings, to ensure that the retrial complies in all respects with
universally-recognized human rights safeguards."
In
the report, Amnesty International expressed concerns about judicial bias and
hostility, police misconduct, and the apparent withholding of evidence from the
jury.
My
heart goes out to Officer Faulkner's family. It is always difficult, if not
impossible, to find closure after losing a loved one, especially when that
loved one was the victim of a violent death. But true closure cannot be gained
simply by executing Abu-Jamal. That would be reckless revenge, not justice.
As
long as the outstanding questions remain unanswered, there will continue to be
reasonable doubt as to Abu-Jamal's guilt.
As
long as the outstanding questions remain unanswered, there is still a chance
that Faulkner's real killer is still at large.
As
long as the outstanding questions remain unanswered, justice has not been
served.
And,
unfortunately, as long as the outstanding questions remain unanswered, true
closure remains an impossible dream.
Mary Shaw is a
Philadelphia-based writer and activist, with a focus on politics, human rights,
and social justice. She is a former Philadelphia Area Coordinator for the
Nobel-Prize-winning human rights group Amnesty International, and her views
appear regularly in a variety of newspapers, magazines, and websites. Note that
the ideas expressed here are the author's own, and do not necessarily reflect
the opinions of Amnesty International or any other organization with which she
may be associated. E-mail: mary@maryshawonline.com.