The Court offered no explanation for their refusal to hear the appeal of journalist and former Black Panther member Abu-Jamal appealed his conviction based on the contention that there was an unfair representation of African Americans in the jury pool.
Last year, the US Court of Appeals for the Third Circuit refused to order a new trial but affirmed an allowance of a new sentencing hearing [JURIST report] in the case solely on the issue of life imprisonment or a death sentence. That portion of the case was overruled based on findings of incorrect jury instruction. If prosecutors decline to seek a new sentencing hearing, Abu-Jamal will automatically receive life in prison. The Supreme Court has yet to decide whether to hear the issue of the death sentence reinstatement.
Abu-Jamal was accused of killing police officer Daniel Faulkner [advocacy website] after Faulkner pulled over Abu-Jamal's brother for a traffic violation. The case has become a focal point for death penalty opponents, attracting the attention of artists, civil rights activists, and politicians.
The Jurist Legal News and Research
Commentary by Les Blough, Editor, Axis of Logic
| In Defense of Mumia "The prosecution claimed that the shot which killed Faulkner came from Mumia Abu- Jamal’s legally registered .38-caliber weapon, contradicting the medical examiner’s report that the bullet removed from Faulkner’s brain was a .44-caliber. This fact was kept from the jury. Moreover, a ballistics expert found it incredible that police at the scene failed to test Mumia’s gun to see if has been recently fired, or to test his hands for powder residue. One of the most damning prosecution claims was that Mumia confessed at the hospital. However, this confession was not reported until nearly two months after December 9th, immediately after Mumia had filed a brutality suit against the police. One of the officers who claims to have heard the confession is Gary Wakshul. However, in his police report on that day he stated, “the Negro male made no comments.” Dr. Coletta, the attending physician who was with Mumia the entire time, says that he never heard Mumia speak..." More details here. Mumia Abu-Jamal's Radio Broadcasts and Recorded Essays |