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February 21, 2023

Honorable Lucretia Clemons, Court of Common Pleas of Philadelphia County
1220 Criminal Justice Center
1301 Filbert Street
Philadelphia, PA 19107

Dear Judge Clemons:

The Mumia Health Committee, in unity with other diverse colleagues and professionals in multiple disciplines, is committed to striving toward a more just and compassionate society. We are rooted in defense of the physical integrity of elderly prisoners' bodies from the harms of incarceration.

In the documentary you made as a member of the Archdiocese of Philadelphia's New Commission on Racial Healing, you root your journey to Catholicism in the lynching of your great grandfather. We cannot allow Mumia Abu-Jamal, yet another Black man, to be lynched in our judicial system. Your very words are a path to healing: "I think one of the most important things to focus on is truth and reconciliation. A familiar cry in the street during social justice protests is: 'No justice, no peace.' And while I know that many people want peace, they really want quiet. Quiet is not the same as peace. Peace requires justice, and justice requires truth" (https://bringmumiahome.com/will-judge-lucretia-clemons-promote-racial-justice-for-mumia/).

Now is the time to uncover the truth—the truth about our country's shameful history of mass incarceration and the unjust incarceration of Mumia Abu-Jamal, a journalist and teacher who invokes "In love, not fear" with his every word and action. This search for truth has led the American Public Health Association to decry incarceration as a public health crisis that deeply harms individuals, families, and communities. Moreover, the APHA cites renowned legal scholar Professor Dorothy Roberts, who reminds us that "notions of criminality and social control in the United States date back to slavery and that racist constructions of Black communities as criminal are used to justify contemporary racially discriminatory law enforcement policies and practices" (https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy-database/2021/01/14/advancing-public-health-interventions-to-address-the-harms-of-the-carceral-system).

Our hearts are with you as you strive to ensure that the Philadelphia court system uncovers the truth. We, too, are dedicated to uncovering how historical institutions have participated in policing and carceral violence against Black, Indigenous, and other communities. In the face of such long histories of harm, how can we support one another in moving toward healing? We trust that the deep ancestral roots of love and liberation that nourish us will grow stronger as we collectively hold ourselves and our institutions accountable for justice.

Just as importantly, we view your decision not to dismiss Mumia Abu-Jamal's claims, and to delay your ruling on his case, as a historic opportunity to allow the truth to prevail. Thirty-seven years after truth and justice were entombed, your decision has finally allowed the judicial system to unearth and examine extensive exculpatory evidence. In 1979, the wholesale corruption of the Philadelphia 6th precinct prompted an unprecedented U.S. Department of Justice investigation, which ended in their charging the entire Police Department with violating the civil rights of predominantly poor Blacks. After Abu-Jamal's conviction and sentencing in 1982, one-third of the thirty-five police officers involved in the investigation of his case were subsequently charged with corruption, extortion, and evidence tampering to obtain convictions. Even Abu-Jamal's alleged confession testimony was presented under dubious circumstances. According to Amnesty International, the fact that the slain officer's partner, officer Garry Bell, remembered the confession for the first time, a full three months after the shooting, "strains credulity" (https://www.amnesty.org/en/wp-content/uploads/2021/06/amr510012000en.pdf).

Now the eyes of the world are, once again, watching Abu-Jamal's case and your decision. The United Nations Amicus brief (https://linktr.ee/MUMIA) compellingly connects the historical racism of the African diaspora directly to the myriad of legal injustices in Abu-Jamal's case. We will forward this letter to the United Nations Human Rights Office of the High Commissioner, which has already opined on the barbarity of the shackling that elder and infirm prisoners like Abu-Jamal have experienced, in his case, including during his recent open-heart surgery. Our letter will also be archived in Brown University's John Hay Library, which in August 2022, in partnership with Brown's Pembroke Center, acquired the papers of Abu-Jamal. In their announcement of this event, the John Hay Library states: "Questions about Abu-Jamal's guilt have prompted deep legal examination and fueled international discussion since the 1980s, and the acquisition of his papers is part of a broader initiative to advance research on the incarceration" (https://www.brown.edu/news/2022-08-24/incarceration). One wonders: Will the historical record show a judge's decision serving as the arc that bends towards justice?

Mumia has suffered a lifetime of incarceration and it has taken a devastating toll on his health. The December 27th death of his beloved wife Wadiya has compounded his suffering. Enough is enough. We pray that you find the strength to make the right choice in this historical moment, and we will defend you with all our hearts when you do. Truth and justice must prevail. Mumia must and will be free. As we approach our work, we invoke, "Love Not Phear," a watchword of our movement to free him. We strive to be compassionate with all those we engage as we manifest the release of our elders. It is in this spirit that we send this letter of invitation to you.

Sincerely,

Signatories: Institutional affiliation for identification purposes only