19 January 2007
Jamal Hart Files Habeas Corpus Appeal
Free Jamal Hart!
In December, class-war prisoner Jamal Hart, son of Mumia Abu-Jamal, filed a petition for habeas corpus in federal court in Pennsylvania. Hart’s petition details how his sentencing on a bogus gun charge was unlawfully enhanced on the basis of a non-existent 1995 assault charge. If the petition is granted, Jamal Hart would be released on time served. Hart is calling for letters to the Judge supporting his petition and calling for his freedom.
Before I begin, let me say that I am graciously humbled in receiving your support within my plight for liberation. I firmly stand in total solidarity with all of you to overcome this injustice placed against the wrongly convicted political prisoners and freedom fighters. These biased injustices must be banished by the people who resist our oppressors. The Death Penalty should be abolished as well for all its racist uses on the poor and misfortunate, specifically against Africans living in America.
There are many comrades such as you who have, throughout this unlawful sentence I am currently serving, taken the needed time and effort to communicate with me through writing letters, visits, sending commissary money, etc. Always know that your efforts are not unnoticed and it is greatly appreciated. It’s because of you that I continue to resist this mendacious legal system that continuously targets innocent people who attempt to politically educate the masses on fascism and oppression. I humbly thank all of you for reaching out to me. Your solidarity is not taken lightly. I am a true believer that an injury to one is an injury to all. My comrades, the struggle continues!
This current correspondence will bring you up to speed in the current events regarding my case.
At this time, my case is being presided by Judge Edwin M. Kosik in the Middle District of Pennsylvania. It is a habeas corpus petition on the unlawful restraint on my liberation from the unlawful custody here at FCI Schuylkill in Minersville, Pennsylvania. The Warden’s name is Ronald Holts.
The state of Pennsylvania labeled me as an armed career criminal due to 3 felony charges I was convicted of. However, after thorough research by prison officials here at FCI Schuylkill, it has been revealed that an assault conviction I was accused of in 1995 DOES NOT EXIST and should not have counted in the first place. Due to this blatant miscarriage of justice, I should have been sentenced to the original sentence range of 6 years 5 months to 8 years instead of the dreadful 15 years to life.
I am humbly requesting all of you to please take time out of your busy schedules and write a letter to the Honorable Judge Edwin M. Kosik to order the immediate release of Jamal Hart from unlawful custody.
The information to contact Judge Kosik is as follows:
c/o Honorable Judge Edwin M. Kosik
United States District Court
235 N. Washington Avenue
P.O. Box 1148
Scranton, PA 18501
Judge’s Chambers: (570) 207-5730
I am confident and convinced that you, the people, will ultimately free me and so many others being held unjustly. You have the power to expose the overt injustice that has lead to my unlawful imprisonment for the past 10 years. The courts will move on this ONLY if you write and/or call demanding my immediate release NOW!
For more details on this situation, please contact the Partisan Defense Committee at 212-406-4252.
I thank you kindly for your assistance in this important matter.
Mr. Jamal Hart
January 16, 2007
Judge Edwin M. Kosik
U. S. District Court
235 N. Washington Ave.
P.O. Box 1148
Scranton, PA 18501.
Re: Jamal Hart v. Ronald Holts, Warden
We are writing in support of the petition for habeas corpus filed by Jamal Hart. Mr. Hart was sentenced 15 ½ years imprisonment pursuant to the Armed Career Criminal Act. Mr. Hart’s petition points out that this sentencing enhancement was based on a 1995 assault conviction that does not exist. Without this non-existent conviction, under the guidelines Mr. Hart would have received a sentence of six and a half to eight years.
We believe Mr. Hart should have never spent one day behind bars. His charges, usurpation of what should have been a state court prosecution by the U.S. Department of Justice, and the unlawfully enhanced sentence illustrate that Mr. Hart has been the victim of a political vendetta to punish his activism on behalf of his father, death row political prisoner Mumia Abu-Jamal.
We urge that Mr. Hart’s petition be granted and that he be immediately released.
For the Partisan Defense Committee
Habeas Corpus Appeal Filed
Free Jamal Hart!
On December 20, Jamal Hart filed a habeas corpus petition in the United States District Court for the Middle District of Pennsylvania that could set the stage for his release from prison. Hart, son of death row political prisoner Mumia Abu-Jamal, was sentenced in 1998 to 15 1/2 years on bogus firearms possession charges, framed up for his prominent activism in the campaign to free his father. Although Hart was initially charged under Pennsylvania laws, which would have meant a probationary sentence, Clinton’s Justice Department intervened to have him thrown into prison under federal laws.
In a January 15 letter to the Partisan Defense Committee, Hart, who was recently transferred to the federal penitentiary at Schuylkill, Pennsylvania, explained, “The state of Pennsylvania labeled me as an armed career criminal due to 3 felony charges I was convicted of. However, after thorough research by prison officials here at FCI Schuylkill, it has been revealed that an assault conviction I was accused of in 1995 DOES NOT EXIST and should not have counted in the first place. Due to this blatant miscarriage of justice, I should have been sentenced to the original sentence range of 6 years 5 months to 8 years instead of the dreadful 15 years to life.”
From the outset, the PDC has condemned the prosecution of Jamal Hart as a racist political frame-up. Hart should never have spent one day in jail. He has already been locked up for eight years. If Hart’s habeas corpus petition is granted, it would mean a reduction of his sentence, and he would finally be released for time served.
Hart has requested that letters be sent to the court demanding that his petition be granted and that he be released. Write to: Judge Edwin M. Kosik, U.S. District Court, 235 N. Washington Ave., P.O. Box 1148, Scranton, PA 18501. Free Jamal Hart now!
(reprinted from Workers Vanguard No. 884, 19 January 2007)
Workers Vanguard is the newspaper of the Spartacist League with which the Partisan Defense Committee is affiliated.