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Kenneth J. Benson said state prison officials also violated Mumia Abu-Jamal's civil rights by opening and photocopying private mail sent to him by his lawyers.

Abu-Jamal, a former radio reporter and Black Panther, is on death row in the State Correctional Institution following a 1982 murder conviction in the death of Philadelphia police Officer Daniel Faulkner. Abu-Jamal's attorneys have asked for a new trial.

Benson issued his 66-page ruling in response to Abu-Jamal's request for an order prohibiting state prison officials from blocking future interviews or opening mail from his lawyers.

Benson recommended a court order that would prohibit officials from opening the prisoner's mail outside his presence unless they could show they had expected to find evidence of a crime or violation of prison rules.

Citing Abu-Jamal's constitutional right to free speech, Benson criticized prison officials for barring him from talking to reporters for three months soon after they learned last February that he planned to publish "Live From Death Row."

Nor were officials justified in taking legal documents addressed to Abu-Jamal and passing them to state officials outside the Department of Corrections, Benson said. Prison officials had defended their actions by saying they were investigating whether Abu-Jamal had violated rules against conducting a publishing business from prison.

Benson dismissed Abu-Jamal's claim that prison officials violated his civil rights when they refused him access to a paralegal who also visited him socially.

And the magistrate said officials had a right to ensure that Abu-Jamal didn't operate a business from prison, which is a violation of prison rules.

Both Abu-Jamal and prison officials have 10 days to file objections to Benson's report. U.S. District Judge Donetta Ambrose will then issue a ruling based on the report.

Abu-Jamal's supporters say he was framed for the white officer's shooting because of his past affiliation with the Black Panther Party and his radio reports critical of police.

Prosecutors say Abu-Jamal shot Faulkner after seeing the officer struggling with Abu-Jamal's brother, William Cook, whom Faulkner had stopped for a traffic violation. Authorities say Abu-Jamal was fairly convicted on eyewitness testimony and physical evidence.

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