By Nathan Gorenstein
Inquirer Staff Writer
No matter who wins the latest round in the 30-year-old Mumia Abu-Jamal case, unresolved challenges to his death sentence lurk in the files waiting for a day – or a decade – in court.
The longevity of Abu-Jamal’s appeals – he was 27 when he shot 25-year-old Philadelphia Police Officer Daniel Faulkner in 1981 – has been no surprise to attorneys working the case. That reality was reiterated last week by the latest ruling, which awarded him a new sentencing hearing.
Could appeal proceedings still drag on for years? “I think that’s true,” said Hugh J. Burns Jr., chief of the District Attorney’s Office appeals unit.
Abu-Jamal’s first-degree murder conviction is settled. The jury’s verdict was upheld by a 2001 U.S. District Court opinion. But that 272-page decision also provided the basis for the current fight over Abu-Jamal’s death sentence and for potential litigation.
For now, Philadelphia prosecutors are appealing to the U.S. Supreme Court the decision Tuesday that confusing jury instructions in 1982 mean a new jury must resentence Abu-Jamal, now 57, either to death or to life in prison.
The jury issue was one of 29 claims in a 1999 appeal filed for the former radio reporter who became a political radical. In 2001, U.S. District Judge William Yohn tossed out most of the arguments but allowed the jury-instruction claim to proceed.
Since then, federal courts have batted that issue, among others, back and forth. In 2008, the U.S. Court of Appeals for the Third Circuit agreed on a new sentencing hearing, and in 2010 the U.S. Supreme Court told the panel to reconsider. Last week, the Third Circuit court said it had not changed its mind.
Philadelphia District Attorney Seth Williams immediately announced he would ask the U.S. Supreme Court to overturn that decision.
If the Supreme Court accepts the appeal – no sure thing – and if the 1982 death sentence is upheld, only the litigation on that issue will end. Three more of the 29 claims, all involving the death sentence, are still unresolved and under law must be decided by Yohn.
“It would automatically go back to the District Court to decide the rest of the issues,” said Robert B. Dunham, a lawyer who teaches death-penalty law at Villanova University School of Law and handles appellate cases in federal court.
Those issues include a claim that the death penalty is racially biased in Pennsylvania.
The original Abu-Jamal prosecutor, Joseph J. McGill, now in private practice, attended a Third Circuit session in November during which arguments on the jury’s instructions were heard. The 10 white and two black jurors convicted Abu-Jamal of killing Faulkner early Dec. 9, 1981, near 13th and Locust Streets.
Last week, McGill said that if the Supreme Court refused to hear the latest appeal or upheld the defense, a new penalty hearing would likely be held. And if Abu-Jamal were to be sentenced to life, “I think it’s pretty much ended there.”
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Abu-Jamal’s case is far from over – Philly.com