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Vol. 74/No. 6      February 15, 2010

 
High court decision is
setback to Abu-Jamal
 
BY SETH GALINSKY  
In a setback for the defense of death row prisoner Mumia Abu-Jamal, the U.S. Supreme Court overturned a federal appeals court ruling that he was entitled to a new sentencing hearing.

Abu-Jamal was convicted and sentenced to death in 1982 on frame-up murder charges for the 1981 killing of Philadelphia police officer Daniel Faulkner. During his nearly three decades on death row, Abu-Jamal, a cab driver, radio reporter, and former member of the Black Panthers, has received worldwide backing for his fight for a new trial.

In 2008 the U.S. Court of Appeals for the 3rd Circuit upheld a previous ruling that the death penalty for Abu-Jamal should be set aside because the jury had received improper instructions. The Supreme Court’s January 19 ruling overturns that decision and sends the case back to the appeals court “for further consideration” in light of another ruling the previous week.

In that ruling, on the murder trial of neo-Nazi Frank Spisak, the Supreme Court decided that in spite of improper instructions to the jury, Spisak was not entitled to a new sentencing hearing.

The Supreme Court decision “likely moves Abu-Jamal significantly closer to execution,” reported the Christian Science Monitor.

In response to the ruling, supporters of Abu-Jamal are stepping up the circulation of a petition to U.S. president Barack Obama calling for a new trial. “The 1982 trial of Mr. Abu-Jamal was tainted by racism, and occurred in Philadelphia which has a history of police corruption and discrimination” the petition reads.  
 
 
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