Legal Summary # 4

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!

 

 

© 2001 Justice for All. All rights reserved.
730 W. Lake St. #156, Chicago, IL. 60661, USA

info@imamjamil.com

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