Vol. 75/No. 20      May 23, 2011

Abu-Jamal, a journalist and former member of the Black Panther Party here, has been on death row for 29 years, following a frame-up conviction on charges of murdering a cop.

Abu-Jamal was convicted in a trial riddled with racist prejudice, political malice, and police intimidation. Since his arrest, Abu-Jamal and supporters of his defense have fought against the death sentence and for his freedom.

The Court of Appeals reaffirmed a decision it originally made in 2008, holding that the jury was “misled” by the judge and prosecution into believing that they had no option other than to impose the death penalty. They also found that “ultimate responsibility” for the death sentence hanging over Abu-Jamal lies with the Pennsylvania Supreme Court, which repeatedly upheld the frame-up, ignoring the clear violation of his constitutional rights.

“This decision marks an important step forward,” John Payton, director-counsel of the NAACP Legal Defense and Educational Fund, told the press, “again acknowledging the existence of clear constitutional error in Mr. Abu-Jamal’s trial.” The NAACP defense fund is cocounsel in Abu-Jamal’s efforts to overturn his conviction.

The Philadelphia district attorney’s office, backed by the Fraternal Order of Police, Democratic and Republican political figures, and other supporters of the cops, has used every legal avenue to fight the three federal court decisions overturning the death penalty.

Current district attorney Seth Williams announced that he would appeal the ruling to the Supreme Court, rather than convene a new sentencing hearing.

“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,” Williams told the press. “But this is not one of those cases.”
 
 
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