Friday, January 19, 2001
On the above mentioned date, a hearing was held in the
Superior Court of Fulton County before Judge Stephanie Manis. Matters
before the Court were Imam Jamil's Arraignment and ninety-five pending
motions filed by the Defense. Many of the motions were unsettled and filed
last November. Attorneys present for the Defense, were Martin and Warren;
for the State,
Katz and Robinson.
Imam Jamil stood before the Court on the matter of his
arraignment with an opening prayer; he gave a pleading of innocence, waived
the scheduled arraignment and signed the indictment of innocence. Judge
Manis focused on a series of more substantive and constitutional motions
filed by the Defenseand the issues arising from them. The most significant
issues stipulated bythe Defense in each series of motions were as follows:
FIRST, Imam Jamil's opportunity and requirement
as a Muslim, to observereligious practices. Judge Manis had yet to lift
the gag order arising fromthe last August hearing's decision. The Defense
continued to challenge thedecisions. Judge Manis continue to cite Federal
Law which requires reasonableness of any penal interest and concern to
be over-riding evidence. The Fulton County Sheriff's Office failed to
present evidence of potential threats on the Imam's life that would preclude
permitting the Imam to attend Jummah. Chief Jones and Green, representing
the Sheriff's Office, agreed to a religious accommodation by offering
to move other Muslim inmates to the area where the Imam is housed for
Jummah services. Judge Manis then stipulated that the issues of Jummah
was moot.
Through Allah's Grace and Mercy, it is worth noting:
Imam Jamil was allowed to speak at Talim on Saturday to inmates following
his court hearing. Also, Imam Jamil gave Khutba for the last two weeks.
SECOND, Attorney Martin raised several constitutional
motions requesting the prosecution to elect between the charges of malice
and felony murder. Attorney Martin argued, that the Court should look
to current case law in determining whether malice and felony murder counts
should be taken up in the same case. Martin also argued a hearing is necessary
to challenge experts, the grand jury, and the state on current census
figures. Moreover, the State must have that report finished on schedule.
The current census is relative to jury selection. Judge Manis will set
hearings on these related matters of constitutional proportions.
THIRD, Attorney Martin argued, he wants the trial
held in Fulton County but distinctively indicated, if the jury became
inflamed by the news media coverage, a motion to reserve a change of venue
would be filed. Judge Manis placed the Sheriff's Office on notice and
granted the Defense the right to reserve a change of venue. However, she
will reserve the right to use her discretion on this issue.
FOURTH, Attorney Martin argued vigorously over
the issues of the Court's First Amendment limitations enforced by the
gag order. Martin challenged the Court's gag order on Imam Jamil's ability
to address issues of his religious beliefs; to make statements of being
unjustly accused and expressions of sorrow and grief over the victims.
Martin further argued Imam Jamil's comments on his sorrow and grief for
the victims shouldn't be barred, unless there's a justifiable threat of
harm arising out of his speech. Judge Manis retorted, that Imam Jamil
could be refrain from speaking if it is relative to discussions of sorrow
and grief directed towards family members. Moveover, Judge Manis stated
the Imam's expressions might be viewed as insensitive or inflammatory
in describing the family's grief. The Court will give Imam Jamil lattitude
to express his sorrow and grief concerning the victims when the Defense
draft a more definitive order clarifying what speech or statements should
be permitted.
FIFTH, Attorney Martin and the Defense also presented
a cluster of substantive motions to exclude: Imam Jamil's identity made
by Deputy English; statements made by him to an Officer; and to bar prior
convictions and/or bad acts committed by him. Attorney Martin argued that
a hearing should be held on how the Officers derived at identifying Imam
Jamil at the time of the incident. Judge Manis will grant the Defense
request for a hearing within 30 days. As to the state's issue to seek
the death penalty by excution, Judge Manis ordered the Defense to file
additional motions on evidence of bias and prejudice, or any promises
and disclosure statements made by Imam Jamil in possession of the State.
Judge Manis granted and Ordered that opposing parties have an affirmative
duty to exchange evidence. Attorney Martin argued that the State should
respond within 30 days to the Defense discovery motions to suppress blood
droppings of an evidentiary nature. Judge Manis in accordance with civil
procedures rules, changed the 21 - day rule and granted an extension to
address within 45 days. Attorney Martin asserted that the Defense would
be ready to go forward with the trial in October.
SIXTH, The matter surfaced concerning a confession
by Mr. Otis Jackson who is in custody in Los Vegas, Nevada. Jackson wrote
and signed a statement intimating other parties involved. However, the
prosecution had suppressed the evidence for over six months.
LET'S UNITE AND WORK TOGETHER FOR THE FREEDOM OF IMAM
JAMIL ABDULLAH AL-AMIN!