Federal appeals court orders a new sentencing hearing for Mumia Abu-Jamal

April 27, 2011|By Nathan Gorenstein, Inquirer Staff Writer
  • Mumia Abu-Jamal , still on death row.

Philadelphia District Attorney Seth Williams said he kept a campaign promise Tuesday. He made a telephone call to Maureen Faulkner and asked her what to do about Mumia Abu-Jamal.

Leave him to spend life in prison, he asked, or keep seeking the death penalty for the murder of her husband, Police Officer Daniel Faulkner, in 1981?

She chose the death penalty, Williams said.

It means the case of Abu-Jamal, now 57 and perhaps the best-known death-row inmate in the world, is headed back to the U.S. Supreme Court. So intricate is the legal wrangling that any final resolution is likely years away.

Story continues below.

Williams' early-morning conversation was prompted by a federal appeals court's just-released decision that a new jury should be impaneled to reconsider whether Abu-Jamal receives a death sentence or life in prison.

It was the second time the U.S. Court of Appeals for the Third Circuit had ruled for Abu-Jamal on the issue, both times citing confusing language in the 1982 jury instructions. The first decision, in 2008, was overturned by the Supreme Court, which told the Third Circuit Court to reconsider in light of a more recent ruling by the high court.

It did, and it came to the same conclusion.

Now, Williams will ask the Supreme Court to overturn the appellate court again.

He could have done otherwise.

He said the 32-page Third Circuit ruling left him with three choices: Drop the legal battle and leave Abu-Jamal to serve a life sentence; impanel a new jury and again seek the death penalty; or appeal to the Supreme Court to uphold the death sentence.

Williams said Maureen Faulkner deserved a say because the 30-year legal battle had "victimized" her.

The conviction and death sentence of the former radio reporter, who turned to radical politics and the MOVE organization, has been a worldwide cause célèbre. Williams dismissed as misplaced any belief that Abu-Jamal is innocent.

"This is not a whodunit," he said.

"It's really an unfortunate fact that, yes, the criminal justice system in Philadelphia . . . in America has a history of problems and racism. I understand all of that. This is not one of those cases."

He said Faulkner was "devastated" by the appeals court decision and "was crying while I was speaking with her."

"She believes that the court again is being intellectually dishonest. . . . If the courts don't believe there should be a death penalty, they should just say that," he said.

Faulkner did not immediately return a telephone call seeking comment.

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