Cop Killer's Death Sentence Tossed
NewsMax.com Wires
Wednesday, Dec. 19, 2001
PHILADELPHIA – A federal court judge Tuesday threw out the death sentence imposed on cop killer Mumia Abu Jamal but did not grant a new trial.
District Judge William Yohn in a more than 270-page ruling upheld Jamal's conviction on first-degree murder charges for the 1981 killing of police officer Daniel Faulkner.
The head of the Fraternal Order of Polic, Rich Costello, said the move hurts the morale of every police officer, because it "places every officer directly in danger by stating very clearly that the cold-blooded murder of a police officer is permissible in some sections of the federal court.”
Costello thinks a jury could agree to sentence Jamal to death again, but with the case more than 20 years old, "it's impossible to obtain justice. That's why there are speedy trials."
Costello hopes an appeal of the decision is successful. If there is an appeal, the 180-day clock before a sentencing hearing will be frozen indefinitely.
The Associated Press reported:
Faulkner's widow, Maureen, said, "I'm angry, outraged and disgusted.
"I think Judge Yohn is a sick and twisted person, after sitting on this case for two years and making this decision just before Christmas. He wants to play the middle road and try to appease both sides, and it doesn't work."
Jamal, a former journalist and Black Panther, has become a darling of the left. Others regard him as an unrepentant killer who deserves to die.
Temple University law professor David Kairys said the ruling identified "a very clear error” that prevented Jamal from getting a fair sentence.
"What really happened here is Mumia Abu-Jamal just got the same rules applied to him that apply to everybody else,” Kairys said. "They’re not technicalities; they really go to the heart of whether the jury meant to impose the death penalty or not.”
Jamal, America's most famous death-row prisoner, was convicted of shooting Faulkner, 25, after the officer pulled over Jamal's brother, who was driving the wrong way down a one-way street.
A scuffle ensued. Jamal, who was sitting in his taxi across the street, ran over. Prosecutors said he drew his .38-caliber revolver and fired, hitting the officer in the back. They said that Faulkner turned and fired, hitting Jamal in the chest, and that Jamal then shot Faulkner in the face.
Jamal says police shot and beat him as he ran to the scene.
Jamal's supporters say they have witnesses to the killing, including one man who said he was hired by the mob to kill Faulkner because he interfered with payoffs.
Copyright 2001 by United Press International.
All rights reserved.
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