Supreme Court turns away DA’s Mumia challenge
In yet another legal milestone in a case that has haunted Philadelphia for three decades, the U.S. Supreme Court this morning refused to consider a petition by the Philadelphia District Attorney's Office challenging a federal court ruling granting convicted cop killer Mumia Abu-Jamal a new death penalty hearing.
In yet another legal milestone in a case that has haunted Philadelphia for three decades, the U.S. Supreme Court this morning refused to consider a petition by the Philadelphia District Attorney's Office challenging a federal court ruling granting convicted cop killer Mumia Abu-Jamal a new death penalty hearing.
The high court ruled without comment, rejecting the case along with more than 100 others.
The ruling means that, unless the District Attorney's office decides to conduct a new sentencing hearing for Abu-Jamal, 57, the one-time radio reporter will continue serving his life prison term without parole.
Abu-Jamal had been convicted of murder and sentenced to death in the 1981 shooting of Philadelphia Police Officer Daniel Faulkner.
Tasha Jamerson, spokeswoman for District Attorney Seth Williams, said the prosecutor's office will not comment on the Supreme Court ruling.
"The District Attorney along with members of the office's Law Division need to determine the next course of action in this case and no decision will be made today," Jamerson said.
The prosecutor's unsuccessful appeal to the nation's high court followed a decision in April by the U.S. Court of Appeals for the Third Circuit in Philadelphia.
The Third Circuit reiterated its earlier ruling that Abu-Jamal's sentencing hearing was unfair and that the District Attorney's office could either conduct a new hearing for Abu-Jamal or see his sentence revert to life without parole.
The question of fairness of the sentencing hearing was one of 29 claims in a 1999 appeal filed for the former radio reporter who became a political radical and international cause célèbre.
In 2001, U.S. District Judge William Yohn tossed out most of the arguments but let the sentencing hearing issue proceed.
In 2008, the Third Circuit agreed a new sentencing hearing was warranted. Two years later, in a ruling that also involved an Ohio death penalty case, the U.S. Supreme Court told Third Circuit to reconsider. In April, the Third Circuit court reaffirmed its ruling.
But this federal appeal is just one of several pending in federal and state appeals courts that could take years to resolve.
Faulkner, 25, and newly married, was on patrol in Center City on the night of Dec. 9, 1981 when, according to trial testimony, the officer pulled over a car driven by Abu-Jamal's brother, William Cook, at 13th and Locust Streets.
Abu-Jamal, then driving a cab, saw the car stop, ran toward them and shot Faulkner, witnesses testified. An exchange of shots followed, and Abu-Jamal was hit by a bullet from Faulkner's gun. He was found slumped on a curb.
Witnesses said that during the encounter, Abu-Jamal stood over the wounded officer and shot him in the face. Court records say Faulkner was shot between the eyes.
Neither Abu-Jamal nor his brother has testified about what happened, though in a 2001 affidavit Abu-Jamal denied shooting Faulkner.
Since then, Abu-Jamal's supporters have been met with equally vocal supporters of the slain officer and his widow, Maureen Faulkner.
