-Caveat Lector-

http://dailynews.yahoo.com/h/ap/20011218/us/mumia_abu_jamal_5.html

Tuesday December 18 1:14 PM ET
Abu-Jamal Death Sentence Thrown Out

PHILADELPHIA (AP) - A federal judge threw out Mumia
Abu-Jamal's death sentence on Tuesday, ruling that the
former journalist and Black Panther is entitled to a
new sentencing hearing for killing a Philadelphia
police officer in 1981.

U.S. District Judge William Yohn ordered the state to
conduct the hearing within 180 days.

``Should the Commonwealth of Pennsylvania not have
conducted a new sentencing hearing ... the
Commonwealth shall sentence petitioner to life
imprisonment,'' the judge said in his 272-page ruling.


Abu-Jamal is America's most famous death-row inmate -
revered by a worldwide ``Free Mumia'' movement as a
crusader against racial injustice, and reviled by the
officers's supporters as an unrepentant cop-killer who
deserves to die.

The judge refused Abu-Jamal's request for a new trial,
upholding his 1982 conviction on first-degree murder
charges.

The ruling could be appealed to the U.S. 3rd Circuit
Court of Appeals.

Abu-Jamal was convicted of shooting officer Daniel
Faulkner, 25, during the early-morning hours of Dec.
9, 1981, after the officer pulled over Abu-Jamal's
brother in a downtown traffic stop.

Celebrities, death-penalty opponents and foreign
politicians have since rallied to Abu-Jamal's cause,
calling him a political prisoner and saying he was
railroaded by a racist justice system.

Philadelphia Common Pleas Judge Pamela Dembe ruled
Nov. 21 that she did not have jurisdiction over
Abu-Jamal's petition for a new trial, scuttling his
hopes for another round of state-court appeals.

Abu-Jamal exhausted the state appeals process two
years ago, but a petition filed in September argued
that the defense had new evidence to clear him,
including a confession by a man named Arnold Beverly.

In a 1999 affidavit, Beverly claimed he was hired by
the mob to kill Faulkner because the officer had
interfered with mob payoffs to police.

Abu-Jamal's former lawyers, Leonard Weinglass and
Daniel R. Williams, said they thought the confession
was not credible and Yohn refused to order Beverly to
testify on Abu-Jamal's behalf.

-

On the Net:

International Concerned Family and Friends of Mumia
Abu-Jamal: http://www.mumia.org

Justice For Police Officer Daniel Faulkner:
http://www.danielfaulkner.com



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