Socialist Action /March 2001
Mumia Abu-Jamal Dismisses Legal Team
By JEFF MACKLER
Mumia Abu-Jamal-award-winning journalist, innocent death row inmate,
and international known political prisoner for the past 19 years-has filed
an unexpected "Motion for Withdrawal of Counsel for Conflict of Interest."
On March 5, Jamal formally moved to dismiss his chief legal counsel,
Leonard Weinglass, and his co-counsel, Daniel Williams.
Jamal's petition, filed in the U.S. District Court for the Eastern District,
states: "On Saturday, Feb. 24, 2001, via Fed Ex, Petitioner [Jamal]
learned definitively that Mr. Williams was in the late processes of publishing
a book on the instant case, purported to be an 'inside account.'"
Jamal cited Rule 1.8(d) of the "Rules of Professional Conduct, Prohibited
Transactions," which prohibits "making or negotiating a literary
agreement based substantially on information acquired by way of a lawyer's
representation."
The petition states further: "Upon information and belief, Petitioner
avers that counsel has created a clear undeniable conflict of interest based
upon the said publication of an 'inside account' which constitutes a breach
of client loyalty.
"Accordingly, Petitioner seeks the withdrawal of present counsel
immediately, entry of pro se status and grant of reasonable time within
which to hire counsel for the petitioner." The term "pro-se"
or "for himself," means that for the time being Mumia is without
counsel.
Mumia's petition provides the following argumentation: "It is a
long-standing principle of the law that where a conflict of interest exists
between client and counsel, the right to effective assistance of counsel
is seriously impaired. This is so because in such an instance 'Counsel breaches
the duty of loyalty, a characteristic deemed to be 'perhaps the most basic'
of counsel duties. Strickland v. Washington, 466 vs 665 (1984)."
The petition concludes with a citation from Rule 1.8 (d) above: "Prior
to the conclusion of representation of client a lawyer shall not make or
negotiate an agreement giving the lawyer literary or media rights to a portrayal
or account based in substantial part on information relating to the representation."
The book in question, authored by Dan Williams, is titled, "Executing
Justice: An Inside Account Of The Case of Mumia Abu-Jamal." Scheduled
for publication by St. Martin's Press, New York, on April 9, it has not
been seen by Mumia or by the central leadership of his defense, the International
Concerned Family and Friends of Mumia Abu-Jamal.
Mumia, therefore, has yet to make any judgment of the book's content.
But the fact that it is to be published without Mumia's knowledge and consent
has shocked a number of attorneys who have closely followed the case.
This writer, a National Coordinator of Mumia's defense, has just received
an "advance uncorrected proof" of the book. I have immediately
forwarded it to Mumia.
A cursory review indicates that while it carefully outlines Mumia's central
legal positions, there are a number of formulations that appear questionable
as well as inclusion of subject matter that might be considered ambiguous,
obscure, or unwarranted. At this point, facing an imminent press deadline
for Socialist Action, further comment is not possible.
Leonard Weinglass, one of the nation's leading death penalty and human
rights attorneys, has refused comment on Mumia's action dismissing him other
than to state that he remains fully committed to help in any way possible.
There is no doubt that under the present circumstances the Dan Williams
book will receive the closest scrutiny from those who seek Mumia's execution.
For this reason alone, there is no doubt that a grave error has been made.
Socialist Action /March 2001 |