Mumia Abu-Jamal seeks UN intervention after 44 years behind bars
S. E. Anderson
Imprisoned writer Mumia Abu-Jamal seeks UN intervention after 44 years behind bars
The former Black Panther’s lawyers ask a UN panel to review his detention after US legal avenues were exhausted
On Tuesday Abu-Jamal, 72, lodged a petition with the UN’s working group on arbitrary detention, a body within the Human Rights Council. It marks the latest attempt by the internationally-renowned prisoner and prolific author of 15 books to seek relief, having exhausted all domestic channels through state and federal courts.
In a telephone interview with the Guardian from Mahanoy correctional institution in Pennsylvania, where he is being held on a life sentence with no chance of parole, he said the appeal to the UN was part of his personal and legal efforts to keep hope alive.
“Hope is an element of struggle, is it not,” he said. “As we used to say in the old days, ‘La luta continua’.”
The hope that this former Black Panther might one day walk free from Mahanoy is slim. He is serving a life sentence without any possibility of parole. In Pennsylvania, life without parole means just that: there is no accounting for rehabilitation, age or health, and any prisoner serving it will die behind bars no matter his or her circumstances.
Abu-Jamal was convicted in 1982 of a crime for which he has always protested his innocence – the first degree murder of a police officer, Daniel Faulkner, in Philadelphia. Since then, he has become a lightning rod for both left and right.
For progressives, he is arguably the most celebrated political prisoner in America today. For the law and order crowd, led by the Fraternal Order of Police that has pushed relentlessly for his maximum punishment, he is nothing other than a cop killer.
Despite the long odds, Abu-Jamal is doing all he can to stay upbeat. “I’ve rarely, if ever, placed my hope in courts of law,” he said. “But I do trust in people, as people are the ones who build movements and make change.”
Tuesday’s newly-lodged petition calls on the UN to take a stance over what it says are the many injustices against Abu-Jamal during his original trial and in the decades of unsuccessful appeals that have followed. His legal team – led by Bret Grote of the Abolitionist Law Center, joined by the ACLU and the Center for Constitutional Rights – argues that he has endured multiple violations of international law.
The document describes how the prosecutor excluded almost all Black jurors from his 1982 trial. During jury selection the prosecutor scrawled in his notebook the letters “B” and “W” over jurors’ names, to denote Black and white.
He then threw out 71% of all potential Black jurors, and just 20% of all non-Black candidates. The result was a jury of 12 that had only two Black members – in a county that was almost 40% African American.
The trial judge, Albert Sabo, the petition goes on, was perhaps the most prolific death penalty judge in the country. He presided over 31 capital cases ending with death row, all but two of the defendants from minorities.
Shortly before trial he was overheard saying: “I’m going to help them fry the nigger.”
The UN’s rapporteur on arbitrary detention is also being asked to consider how new evidence only disclosed to Abu-Jamal’s defense team in 2018 raises serious doubts about the credibility of the state’s main eyewitness, Robert Chobert. Weeks after the trial concluded, Chobert wrote to the chief prosecutor inquiring about “the money own to me”.
One of the main thrusts of the petition is that Abu-Jamal’s current sentence, life without parole – is in itself a form of arbitrary detention in breach of international rules. The sentence has been dubbed “death by incarceration”, but Abu-Jamal thinks of it as “slow death row”.
He said: “It is death row without a specific date of execution. Or execution through time.”
He said he was struck by the contrast between America’s fondness for life sentences – more than 200,000 people are on them, about one in seven of all prisoners – and the approach of other advanced countries such as Norway. When Anders Breivik committed the deadliest mass shooting by a single person in modern times in Oslo in 2011, killing 77 people, he was sentenced to the country’s maximum penalty – 21 years, extendable on review every five years thereafter.
Breivik is unlikely ever to be released, but the system has not irrevocably slammed the door on him. “Such a response would be impossible, unthinkable in any of our 50 states,” Abu-Jamal said.
The UN working party has no direct enforcement powers within the US. But his legal team are calculating that a strong condemnation from the world body would support the push back home for a retrial or a commutation of his sentence.
At the very least, Abu-Jamal welcomes the chance to present the facts of his case to experts who have not come under the intense political pressure faced by elected judges (all Pennsylvania’s judges are elected). He remembers being “flabbergasted” in 1995 when he learnt that four out of the seven justices on the state supreme court had been endorsed by the Fraternal Order of Police.
“Presenting my claims to the UN will be one of the first times that judges will be hearing them without a vested interest,” he said.
Abu-Jamal was 14 when he was literally booted into the Black liberation struggle. It was 1968 and he was at a protest in Philadelphia against the segregationist presidential candidate George Wallace when a Philadelphia police officer kicked him in the face.
A year later he co-founded the Philadelphia chapter of the Black Panther party and became a regular contributor to the party’s newspaper. From there he built a successful career as a writer and broadcaster, serving as president of Philadelphia’s Association of Black Journalists.
All that came crashing down when he was arrested in the early hours of 9 December 1981. He was supplementing his income by cab driving, and happened to be passing the corner of 13th and Locust Streets just when his brother William Cook was being detained in a traffic stop by police officer Faulkner.
A shootout ensued. Abu-Jamal was shot in the chest. Faulkner was struck multiple times and died in hospital hours later.
At trial, the state accused Abu-Jamal of murdering Faulkner. The prosecutor presented the jury with samples of his Black Panther writings to suggest an antipathy towards police, and on the back of that plus the questionable testimony of Chobert and other state witnesses he was convicted and sentenced to death.
He remained on death row for 28 years until 2011 when he was switched to life without parole after a court found his original capital sentence unconstitutional.
As has been the case throughout his incarceration, he did not discuss the specifics of the charges leveled against him with the Guardian. But he did talk about the toll that decades behind bars has had on him and on his family.
There has been the toll of distance, of separation, from his burgeoning family of four generations. How many great grandchildren does he have?
“I don’t even know, but it’s quite a few.”
Being Abu-Jamal, he puts the pain of forced isolation in a political context. “The state creates a system of solitary confinement for people on death row to dehumanize them to the people who love them. You cannot touch this person.”
In one of his best known books, Live From Death Row, he recounts the agonising prison visit from his young daughter Samiya early on in his incarceration. He recalls that moment again during our conversation, speaking in a voice that is at times so soft it is barely audible.
“She rushed in, her eyes lit up, and she looked at me, and she was confused because of the glass between us. She ran to the glass, this little girl, and began hitting it, shouting: ‘Break it! Break it!’ It tore my heart.”
Since then he has had time to develop strategies for overcoming the barriers to human contact. “What I learned, you know, over these long years, is how to make people kind of feel you without being able to touch you.”
How do you do that?
“I just talk to people as earnestly and as deeply as I can, to make contact with them without making physical contact. It’s a way to defeat the dehumanization process.”
One thing that buoyed him up over the years was the avalanche of global support from people concerned about his plight. When he was facing execution, the New York Times reported that he was the “world’s best known death-row inmate”, and his cause was adopted by a slew of celebrities such as Maya Angelou, Spike Lee and Paul Newman.
He routinely received 50 or more letters from supporters each week. Now that number has dwindled, he said, to 10 or 12. He thinks the slump is partly because the prison mail system has become more restrictive.
But it’s also because the shift from the death penalty to life without parole has to some degree taken him out of the limelight. “Some people seem to believe that because I’m off death row, now I’m home. They don’t know. They don’t get it.”
Though his international profile may have receded, last month he was still made an honorary citizen of the Paris suburb Saint-Denis. A road there was named after him at the height of his death row ordeal in 2006.
Were he ever to be released, that would be one of his first ambitions. “I’d like to walk on my street in Saint-Denis. And I’d like to visit Ghana. And I’d like to teach somewhere,” he said.
After a pause, he added that he would also make a beeline to the graves of his mother Edith and wife Wadiya, both of whom have died during his time behind bars.
Books – reading and writing them – have been his prime survival tool throughout the near half century of his imprisonment. “Books have been my closest friends for decades,” he said. “Most of what I’ve done in prison is read, and you have to read in order to write – to cultivate ideas and produce works.”
Even that has now become a struggle. For most of last year he was functionally blind as a result of his eyesight deteriorating over the past eight years.
It is one facet of the immense physical toll that 28 years in solitary confinement on death row has extracted. He puts his fading sight down to a series of health crises that began with a severe skin rash, led to diabetes brought on by heavy steroids, and culminated in a diabetic coma.
At every step he has had to fight for even basic medical care. That included a two-year court battle to get medication for hepatitis C which was withheld on grounds that he was “not sick enough”.
It took him most of last year to wrestle the prison authorities into having his cataracts removed. During the two spells in which he was hospitalised for congestive heart failure, he was shackled for days to his medical bed.
Whatever you think of Abu-Jamal – whether you place him in the political prisoner or the cop killer category – his punishment does not include the annihilation of his health. Nor does it require the deprivation of the one activity in captivity that he holds most dear.
“When you cannot read, that is extremely painful,” he said.
It’s a form of punishment in itself.
“Yes,” he said. “The very nature of imprisonment is punishment on all levels. It may not be written in an order from a court, but it is the practice – these are cruel places.”
Despite his impaired vision, he is compelled to finish his latest book which he is submitting for a PhD. It is an exploration of the writings of the Algerian revolutionary Frantz Fanon, focusing on his treatise on anti-colonialism, The Wretched of the Earth.
“I must finish it. I am determined to finish it. And I am closing in.”
It must be difficult, producing such a complex work with blurred vision on top of the daily burdens of incarceration.
“Yes it is,” he conceded. “But difficult is not impossible. You do what you must do.” ///
‘Intoxicating freedom, gripping fear’: Mumia Abu-Jamal on life as a Black Panther
The best known of all incarcerated black radicals speaks out in a two-year email correspondence with Ed Pilkington on the ‘continuum’ of the Black Panthers to Black Lives Matter.
The letter was dated 30 August 2016. Written in black ink in spidery, meticulous handwriting, it proclaimed at the top of the page: “On a Move!”, the mantra of the Move group of black liberationists from Philadelphia who clashed violently with the city’s police force 40 years ago, sending nine of them to prison for decades.
The author was Mumia Abu-Jamal, who is the closest thing that exists today to an imprisoned Black Panther celebrity. He joined the Black Panther party in the 1960s when he was just 14, and later became a prominent advocate for the Move organization.
For the past 36 years he has been incarcerated in Pennsylvania prisons, including two decades spent on death row, having been convicted of murdering a police officer at a Philadelphia street corner in 1981. His case has reverberated around the world, inspiring admiration and opprobrium in equal measure, in what has become a global cause-celebre.
s such, he could be regarded as the figurehead of the cadre of imprisoned African-American militants who are still behind bars today. Collectively they amount to the unfinished business of the 1970s black liberation struggle, as they languish still in prison in some cases almost half a century after they went in.
By the Guardian’s count, there are 19 of them, two women included. That headcount is very slowly being diminished, as the debate around whether they have earned their freedom grows more intense with every passing year.
Last week one of Abu-Jamal’s peers, Robert Seth Hayes, was released from a New York maximum security prison on parole having served 45 years for the murder of a city transit officer.
I had sent that initial letter to Abu-Jamal to ask his views about Albert Woodfox, a former Black Panther from Louisiana who had been held in solitary confinement in a 6ft by 9ft concrete box for 43 years until his release a few months earlier.
In my opening letter to Abu-Jamal, I’d mentioned that the warden of Angola penitentiary in the 1990s, Burl Cain, had tried to justify keeping Woodfox in total isolation for four decades because of the prisoner’s commitment to “Black Pantherism”.
Abu-Jamal, 64, found that expression very diverting, judging by his response. Until Woodfox’s “illegal and unjust imprisonment,” he wrote back, “I had never heard nor read of the so-called crime of ‘Black Pantherism’! Leave it to the prisoncrats of Angola to actually coin the term!”
Then Abu-Jamal did something that was to become familiar to me over the ensuing months. He took that one comment of a Louisiana prison warden and riffed off it to create an entire social theory of modern American society.
“As we see from the obscene and unprecedented mass incarceration of Black people,” he wrote, “‘Black Pantherism’ is but a synonym for Blackness itself. For in a society deeply imbued with white supremacy, Blackness is itself a crime.”
Abu-Jamal spent 20 years on death row and during that time concerns about the fairness of his death sentence drew international attention. Amnesty International took up his cause, the New York Times crowned him the “world’s best known death-row inmate” and a Paris street was named after him. Among the movie stars, writers and intellectuals who protested on his behalf were Paul Newman, Alice Walker, Salman Rushdie and Noam Chomsky.
As impressive as the high-profile support he attracted over the years was the vitriol he inspired in detractors. Philadelphia police unions worked tirelessly to keep him on death row and since he was moved to the general prison population in 2012 they have continued to work equally tirelessly to prevent him going free.
Maureen Faulkner, the widow of Daniel Faulkner, the police officer Abu-Jamal was convicted of murdering, has been equally consistent. Earlier this year she wrote a column in the Philadelphia Inquirer in which she said the real political prisoners in this story were her family. “We committed no crime, yet we received life sentences with no possibility of parole or reprieve.”
In April, when Abu-Jamal’s case came up before a Philadelphia judge in a legal dispute over the handling of his appeals, Maureen Faulkner appeared on the steps of the court and proclaimed to local TV cameras: “Mumia Abu-Jamal will not – not ever – be free, and I will make sure of that.”
My initial letter to Abu-Jamal in August 2016 developed into a correspondence that continues two years later. Over time it mushroomed into a larger project in which I reached out to several of his peers – black radicals incarcerated like him for decades – in an attempt to understand how they came to be given such lengthy sentences and how they cope with their enduring punishment today.
At a time when America is still grappling with the racial legacy of slavery and segregation, when the issue of police brutality has welled up again through Black Lives Matter, when at least one in four black males born today can expect to end up in prison, and when inequality shows no sign of abating for African Americans, there is renewed interest in the perspective of the Black Panthers. Just ask Beyoncé, who injected a Black Panther homage into the 2016 Super Bowl.
Black Pantherism’ is but a synonym for Blackness itself. For in a society deeply imbued with white supremacy, Blackness is itself a crime.
And so Abu-Jamal and I began to correspond. We would contact each other through a closed email network set up by the Pennsylvania prison system.
With each email I would try and probe a little deeper, trying to get under the skin of what it was to be a black radical for whom, in some sense, time had stood still through long years of incarceration. Sometimes he would answer in short staccato emails, as though his mind were elsewhere; sometimes he would be thoughtful and expansive.
Sometimes he didn’t reply for weeks. It’s remarkable how busy a man locked up around the clock can be. “I’ve been meaning to write to you,” he said in November 2017, “but my projects (I just finished my booklet last nite) have eaten my time – oops, I’m about to get on the phone…”
In our exchanges he reflected on how he had become involved as a teenage boy in the black resistance struggle of the late 1960s, and why decades later so many black militants remain behind bars. He talked also about how his militancy as a former Panther relates to the critical movements of today, notably Black Lives Matter, which controversially he called a “continuum” of the Black Panthers.
Early on, I asked him why he thought the judicial system had borne down on him singularly harshly by giving him the death penalty. He replied in an email on 23 September 2016: “I think we posed an existential challenge to the very legitimacy of the System – and it unleashed unprecedented fury from the State. That’s why they used any means, even illegal, to extinguish what they saw as a Threat.”
He added: “The State reserves its harshest treatment for those it sees as revolutionaries.”
Mumia Abu-Jamal was born Wesley Cook and brought up in a low-income African American neighborhood of Philadelphia. He was given the name Mumia by a high school teacher as part of a class on African culture and he later changed his last name to Abu-Jamal (“father of Jamal”) when his son was born in 1971.
In 1968, when he was 14, a friend introduced him to a copy of the Black Panther party’s newspaper, and he was instantly transfixed. “A sister gave me a copy of The Black Panther newspaper and I was dazzled,” he wrote to me in an email. “I made up my mind to become one of them.”
Three years of head-spinning activity ensued as a Black Panther in Philadelphia. The party, though relatively small in numbers, quickly began to make an impact with its revolutionary talk, its audacious opposition to police brutality in black neighborhoods, and its social programs that quickly expanded to include food and clothing banks for low-income communities and even Black Panther elementary schools.
The city at that time, he told me, was a place of “intoxicating freedom, and gripping fear. The freedom? To be active in a part of a vast Black Freedom Movement was Living, Breathing, Being Freedom. We spoke and acted in the world in ways our parents never dreamed possible.”
The fear? “Every Panther knew, in her/his heart, that the State was willing to kill a Panther in his/her bed.”
He was alluding to the death of Black Panther leader Fred Hampton in a police raid on a Panther house in Chicago in December 1969. Hampton was shot and killed while asleep in bed. A subsequent federal investigation into the killing found that in the shoot-out the Panthers had fired one bullet, while the police fired up to 99.
“I was one of several Panthers sent to Chicago,” Abu-Jamal wrote in an email. “We entered the apartment. We saw the bullet holes which raked the walls. We saw the mattress, swollen with Fred’s blood. I was 15.”
The death of Hampton was just one of several bloody shootouts that erupted as confrontations between law enforcement and the Panthers became more frequent. Many years later it was revealed that the FBI had put several prominent members of the movement – the teenage Abu-Jamal included – under a vast web of surveillance.
The State reserves its harshest treatment for those it sees as revolutionaries.
The FBI’s director J Edgar Hoover had come to see the Panthers, with their links to revolutionary parties around the world and growing popularity in black inner cities, as a major threat to national security. He instructed his agents to redirect the secret domestic surveillance operation, known as “Cointelpro”, specifically onto black radicals.
Abu-Jamal recalled the naivety that existed within the Panther party about the governmental forces targeted at them.
“We didn’t know about Cointelpro. When people raised questions, we’d laugh at them and tell them: ‘Stop being paranoid!’ The very idea the government would read your mail, or listen to your phone calls, was crazy! We never believed we were important enough.”
The FBI certainly did think them important enough. It made sure the party was thoroughly infiltrated with informers, leaders were rounded up and imprisoned, internal dissent fomented. By 1970 open warfare had started to break out between west coast and east coast factions of the party, leading to threats, expulsions and internecine violence.
An exodus of Panthers began, among them Abu-Jamal who quit the party towards the end of 1970. From then, he turned his hand to journalism, becoming a prominent reporter on Philadelphia race relations as well as a vocal supporter of Move.
It was not until 1982 that the Black Panther party formally disbanded. By then Abu-Jamal was already in captivity and facing murder charges relating to the death of Officer Faulkner.
The events of the early hours of 9 December 1981 have been the subject of reams of analysis and conjecture over the past almost four decades. Faulkner carried out a traffic stop at an intersection in Philadelphia, pulling over William Cook, Abu-Jamal’s younger brother.
Abu-Jamal at that time was working as a taxi driver to supplement his journalism income. He happened to be driving past when he spotted the altercation between Faulkner and his brother.
A shootout occurred. Faulkner died at the scene from gunshot wounds. Abu-Jamal was shot once in the stomach. In June 1982 he was put on trial, found guilty and sentenced to death.
Since then he has consistently professed his innocence of the charges leveled against him, though he has declined to discuss what actually did happen that night. I wrote to Abu-Jamal in June asking him whether he’d talk to me about Faulkner’s death. I said: “So what did happen? What do you recollect of the incident? Who shot Officer Faulkner?”
Earlier this month he replied to me. He began the email by saying that he’d just returned from the eye doctor who in order to inspect his inner eye had dilated his pupils. “My vision is so impaired that I can’t read the newspaper so this won’t be long, I haffa be quite brief.”
He did address his case, in general terms. “The question arises, how can you getta fair result with an unjust, unfair process? Due process. A judge who wuzza life member of the FOP [Fraternal Order of Police] said at one of my hearings: ‘Justice is just an emotional feeling’.”
Abu-Jamal did not address in the email my questions about the specifics of his own case.
While doubts persist about the nature of the crime, what is not in doubt is that Abu-Jamal’s prosecution, as he remarked, was riddled with flaws. Amnesty International investigated it in 2000 and concluded that though they could not pronounce on his guilt or innocence, “numerous aspects of this case clearly failed to meet minimum international standards”.
A long struggle to fend off execution followed, sending reverberations around the globe. Twice he had a death warrant issued that would have sent him to the death chamber; twice it was averted in the courts.
Every Panther knew, in her/his heart, that the State was willing to kill a Panther in his/her bed.
It took two decades of almost constant appeals to overturn his death sentence in a federal court. Since moving off death row, he has more privileges but he’s less in the limelight now, less of an international figure, as he alluded to when I asked him how much mail he receives. “I probably get 6-10 pieces a day or 30 to 50 pieces a week (which is nothing like I used to get).”
He has slowed down in recent years in other ways too. “I used to read 2-3 books a week. Now? 2 per month. It’s a different environment. I leave the cell often here: not so on death row.”
As he gets older, health becomes more of an issue. He fought a tough legal battle after the Pennsylvania department of corrections denied him treatment for Hepatitis C, winning a federal court ruling that has set a precedent that will help thousands of other prisoners across the country defeat the virus.
He complains though that the prison authorities are still denying treatment to many inmates on grounds they aren’t sick enough. “People are dying from their denials and delays. Literally. $$$ over life.”
Despite health issues, he keeps closely engaged with political currents. In March I asked him what he thought were the similarities and contrasts between the Black Panthers in the 1970s and Black Lives Matter today. I was curious to see whether he was critical of BLM in an echo of the criticism the Panthers directed in the 1970s at the civil rights movement – that it’s a reformist compromise rather than the black power revolution that’s needed.
He replied that in his view the Panthers and BLM are “part of a continuum. The BPP was born in an age of global revolution. Black Lives Matter came into being during an era of sociopolitical conservatism, and rightist ideological ascendance. What is possible is subject to the zeitgeist of the period.”
He went on: “I am reminded of [Frantz] Fanon’s adage: ‘Every generation must, out of relative obscurity, find its destiny, and fulfill it or betray it.’ I think both movements have done so, if only in their own ways.”
He also keenly follows his fellow imprisoned black radicals’ efforts to gain their freedom, decades after they were arrested. In one email, sent in May, he commented on the release of Herman Bell, a former Black Panther and member of its clandestine wing the Black Liberation Army, who had secured his own parole a couple of months before partly by denouncing his involvement in the struggle. There was “nothing political” in the double police killing that he was involved in, Bell told the parole board, “it was murder and horribly wrong”.
Abu-Jamal told me that in his view Bell’s release was the exception that proves the rule. “If a man is only truly parole-eligible if he renounces his political ideas, how could those who aren’t ‘eligible’ because they aren’t renunciators be seen as anything but political prisoners?”
What I always find interesting is how profoundly different the American systems of ‘justice’ are from those that exist abroad
There are many who will disagree with the argument that the 19 imprisoned Black Panthers and Move members are political prisoners. For the police unions and the families of victims, they are “cop killers”, pure and simple.
Yet no one could accuse Abu-Jamal of being a “renunciator”. Since coming off death row he has been resentenced and put onto life without parole. That means that he has no chance of ever persuading a parole board to release him, which in turn, paradoxically, has given him his own kind of freedom – to speak his mind.
“Parole is a political tool,” he wrote. “It’s especially used against radicals to punish them for their political beliefs. I think it should be abolished. Period.”
One of the most evocative emails he sent me was composed on New Year’s Eve last year. Maybe the end of the year had put him in a reflective mood, or maybe the calendar means nothing to a man who has lived for 37 years in a cell.
In any case, he started riffing again, this time about the US justice system. He talked about how parole appeared to be a pipe-dream for black radicals in particular.
He referenced the Move 9 again, the group from his home town of Philadelphia, six of whom will next week mark the 40th anniversary of their incarceration. He spoke too of other former Black Panthers who had in recent years been granted release orders only to have them overturned by the higher courts.
Then he switched, in his own rather professorial way, to a more personal point. “What I always find interesting is how profoundly different the American systems of ‘justice’ are from those that exist abroad,” he wrote. “Under Pennsylvania law, life means life, with no parole eligibility for anybody.”
For “anybody”, read Mumia Abu-Jamal. He went on to spell out for my benefit his probable fate.
Legal scholars and activists in Pennsylvania have a name for it, he said: “Death by incarceration”. ///
s. e. anderson
author of The Black Holocaust for Beginners
"If WORK was good for you, the rich would leave none for the poor." (Haiti)
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