Archive for September, 2015

OUTRAGE: Judge Proposes DENIAL of Treatment for Mumia

September 22, 2015
Late in the day on Friday September 18th, United States Magistrate Judge for the Middle District of Pennsylvania Karoline Mehalchick issued a proposed order denying Mumia Abu-Jamal’s  motion for preliminary injunctionand his  1st Amended complaint seeking immediate treatment for active Hepatitis C. 

In a calculated attempt to deny lifesaving health care and effective arguments on Mumia’s behalf, Judge Mehalchick preemptively issued this “proposed order” before Mumia’s lawyers had the opportunity to respond (as allowed by court local rules) to the  Pennsylvania Department of Correction’s (DOC) opposition. 

Bret Grote (Abolitionist Law Center) and co-counsel Bob Boyle (NYC) are expected to quickly file in court with 3rd Circuit Federal District Court Judge Robert Mariani to oppose this proposed order on procedural and substantive grounds.

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The proposed order is clearly an attempt to subvert justice and delay critical treatment for Mumia Abu-Jamal. It is simply intellectually disingenuous.

A few quotes from the ruling will illustrate this point.

Notably the proposed -not final- order submitted to the presiding Judge Robert Mariani states that Mumia Abu-Jamal has failed to exhaust his administrative remedies/grievances, and thus is precluded from filing a federal lawsuit. As quoted:

“Accordingly, the Court recommends that Abu-Jamal’s motion for injunctive relief be dismissed without prejudice because the uncontroverted evidence presented by Defendants indicates that this claim has not been administratively exhausted, his administrative grievance appeal remains pending.” 

In fact, Mumia has fulfilled all of the exhaustion requirements and the intent as well– and the DOC denied his grievance specifically, as we know through written record. 

Further, the “uncontroverted evidence” cited by the court completely ignores the facts in Mumia’s preliminary injunction and 1st amended complaint. This proposed order was also issued even before Mumia’s lawyers could respond to the DOC brief- which was full of blatant obfuscations and lies.

In addition, Magistrate Mehalchick’s proposed order states that Mumia will not be irreparably harmed if he receives no care.
 
To quote the Order: “While there is little question that hepatitis C is a ‘sufficiently serious’ condition under the Eighth Amendment, merely becoming infected with hepatitis C does not ensure that serious and irreparable damage will occur… These risks, although severe, do not sustain Abu-Jamal’s burden of showing immediate irreparable harm that warrants injunctive relief, especially given the fact that it often takes significant time for hepatitis C to progress.”

Mumia’s 1st Amended complaint details his near death and hospitalization with renal failure on March 30, 2015. It also shows the extensive diagnostic tests which indicated organ failure (skin) and organ damage (liver), open wounds, hemoglobin deficiency, extensive fevers, and his continued weakness.   

Magistrate Mehalchick’s order goes on to state that the PA DOC should be allowed to implement their own “protocols” for hepatitis C for prisoners.

“The Defendants’ interests would therefore be harmed by granting injunctive relief because it would deny Defendants an opportunity to treat Abu- Jamal’s hepatitis C in accordance with their own established protocols.”
 
This language purposefully misstates the facts. The truth is that the PA Department of Corrections has not produced a treatment protocol for Hepatitis C in their responses. This is because the current standard of care in the PA DOC is to deny appropriate testing and deliver no treatment.

As such, Mumia’s lawyers, Bret Grote and Bob Boyle, will file in court to oppose this proposed order on procedural and substantive grounds.

We remain completely confident that we will be successful in getting Mumia treatment.

Stay tuned for more information, and join the call for treatment and freedom. Visit: bit.ly/fight4mumia

J. Edgar Hoover gave cash bonus after evidence fix in Omaha Two case

September 22, 2015

J. Edgar Hoover gave cash bonus after evidence fix in Omaha Two case

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September 18, 2015
http://www.examiner.com/article/j-edgar-hoover-gave-cash-bonus-after-evidence-fix-omaha-two-case?cid=db_articles

J. Edgar Hoover, director of the Federal Bureau of Investigation, was enjoying his vacation with Clyde Tolson in LaJolla, California, an annual retreat the two men took together, when Patrolman Larry Minard, Sr. was murdered by bomb in Omaha, Nebraska. Hoover’s first awareness of the crime most likely did not come until two days later when he was called by Assistant Director Ivan Willard Conrad, the director of the FBI Laboratory.

Conrad called Hoover on the last day of Hoover’s vacation, Aug. 19, 1970, to ask for directions on a request from Paul Young, the Special Agent in-Charge in Omaha, to accept evidence, but withhold a laboratory report. Young had sent a recording to FBI headquarters of the 911 call that sent Minard to a bombing ambush in a vacant house. Young wanted to turn the police investigation to the leadership of the National Committee to Combat Fascism, a Black Panther affilate chapter, and the tape recording of someone else’s voice presented a problem.

Edward Poindexter and Mondo we Langa, former David Rice, were leaders of the NCCF and were specific targets of COINTELPRO, a clandestine counterinelligence operation of the Federal Bureau of Investigation. Young had been under growing pressure from Hoover to do something to get the two men off the streets. Minard’s murder presented the perfect opportunity to blame the Omaha Two, as the pair have come to be called.

Hoover gave the okay to withhold a lab report on the identity of the anonymous 911 caller that lured Minard to his death. Conrad wrote a notation on an accompanying memorandum that he talked to Hoover who said, “OK to do.” Conrad dated and intitialed his notation regarding Hoover’s command.

Hoover and Tolson travelled the next day back to Washington, D.C. In Omaha, Larry Minard, Sr. was laid to rest following the largest funeral in the city history.

On Aug. 21, Hoover’s first day back in the office, Hoover gave Assistant to the Director William Sullivan a $250 “incentive award” for meritorious service. Assistant Director John Mohr likewise received a surprise $250 bonus. Although Hoover would use cash bonuses as part of his discipline system they were always earmarked for specific cases or achievement. Never before had Hoover given a subordinate extra money for covering the office in Hoover’s absence.

“You certainly deserve commendation for your exceptionally meritorious services during the period of time when I was away from Washington,” wrote Hoover to Sullivan. “I am aware that my absence necessitated your shouldering additional responsibilities. Your splendid performance is appreciated.”

John Mohr was likewise given a commendation and cash award for his actions at FBI headquarters while Hoover was on vacation. As head of the Adminisrative Division, Mohr had oversight over the FBI Laboratory and communications between the laboratory and FBI field offices. Mohr responded the same day with a thank you letter to Hoover:

“I was deeply pleased that I was associated with a winning team at the Seat of Government while it was necessary for you to be on the Coast and I was delighted to learn that you thought our efforts were so satisfactory. I shall always strive to perform by responsibilities the way that you want them done.”

The cash payments to Sullivan and Mohr are recorded in their FBI personnel files that have been made public. Ivan Willard Conrad’s personnel file has not been released so it is unknown if he too received a cash bonus. The unusual cash bonuses, so soon after the plan was made to withhold a FBI Laboratory report, suggests that Hoover sugar-coated a bitter pill to swallow–complicity in letting one of a policman’s killers get away with murder.

Sullivan supervised all of the FBI domestic counterintelligence operations. Sullivan later alluded to the Minard case in his last public speech, indicating he was aware of Bureau actions in Omaha. Sullivan mentioned Omaha in a speech to United Press International editors and reporters although he was in error on the date of the crime.

“On August 12, 1970, an Omaha, Nebraska, police officer was literally blasted to death by an explosive device planted in a suitcase in an abandoned residence. The officer had been summoned by an anonymous telephone complaint that a woman was being beaten there. An individual with Panther associations had been charged with this crime.”

Ed Poindexter and Mondo we Langa were convicted in April 1971 of Minard’s murder and remain imprisoned at the maximum-security Nebraska State Penitentiary. The FBI role in the case was kept out of the courtroom. The jury that convicted the Omaha Two after a controversial trial never got to hear the recorded voice of the killer. Both men continue to proclaim their innocence.

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