Another hearing in Abu-Jamal saga

Mumia Abu-Jamal's latest chance to get off death row now depends on whether three federal appellate judges believe they can win a legal argument with the U.S. Supreme Court.

In January, the high court vacated a 2008 decision throwing out Abu-Jamal's death sentence and ordered a new hearing.

Tuesday, in a crowded federal courtroom, that hearing was convened. For an hour, lawyers for Abu-Jamal and the Philadelphia district attorney were peppered with questions by the three judges from the U.S. Court of Appeals for the Third Circuit. A decision is not expected before 2011.

Abu-Jamal, convicted in the 1981 slaying of Police Officer Daniel Faulkner, remains in a state prison outside Pittsburgh and will likely stay behind bars for years because no matter what the judges decide, an appeal by one side or the other is a given.

Abu-Jamal, 56, was not in court, but human drama presented itself directly behind the prosecution team, where the seats were filled with the wives and relatives of Philadelphia police officers slain in the line of duty.

They included Maureen Faulkner, Daniel Faulkner's wife; Kimmy Pawlowski, whose husband, John, was killed in 2009; and Judith Cassidy, the widow of Officer Chuck Cassidy, slain in 2007.

After the hearing, they and other relatives of slain officers called for Pennsylvania's death penalty to be overhauled so that those convicted of killing a police officer cannot avoid execution with interminable appeals.

They spoke at Fraternal Order of Police Lodge 5 on Spring Garden Street. Also present were Amber Liczbinski, daughter of Sgt. Stephen Liczbinski; Michelle Liczbinski, the sergeant's widow; Megan McDonald, sister of Officer Patrick McDonald; and John Pawlowski, father of the slain officer.

"The death penalty needs to be used in Pennsylvania and it needs to be applied if a police officer is gunned down strictly because he is a police officer," said Kimmy Pawlowski, who added: "Those who choose to wear the badge and serve our city should be protected by our system and the people of our city."

Maureen Faulkner was at the point of tears as she started to speak. Her voice cracking, Faulkner said: "Put the man to death for what he's done. My husband was murdered in premeditation and malice on Dec. 9, 1981. Here I sit 30 years later in court.