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American Morning

Federal Judge Overturns Death Sentence for Mumia Abu Jamal

Aired December 19, 2001 - 08:10   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
PAULA ZAHN, CNN ANCHOR: A judge's decision in a high-profile death penalty case has reopened some very deep old wounds and rekindled debate over capital punishment. The federal judge overturned the death sentence for Mumia Abu Jamal, a one-time journalist and Black Panther member whose case has attracted worldwide attention.

CNN's Michael Okwu has the details.

(BEGIN VIDEOTAPE)

MICHAEL OKWU, CNN CORRESPONDENT (voice-over): U.S. District Judge William Yan (ph) denied Abu Jamal a new trial in the murder of a policeman 20 years ago, but threw out a death sentence for the former radio journalist and member of the Black Panthers. In his 272-page ruling, Yan (ph) expressed problems with the trial judge's instructions to the jury and therefore ordered a new sentencing hearing. Prosecutors say they will appeal.

UNIDENTIFIED FEMALE: Our position is that the judge's decision was incorrect on the law and that we have an absolute right to take an appeal.

UNIDENTIFIED MALE: Danny Faulkner didn't have any jewelry. He didn't have any judge. He didn't have any appeals. He had to face one person - his executioner.

OKWU (voice-over): Abu Jamal was convicted for the 1981 murder of Philadelphia police officer Daniel Faulkner. Police found a 38- caliber revolver registered to Abu Jamal at the scene along with five spent shell casings. Defense attorneys argue that the bullet that killed Faulkner can not be positively traced to Abu Jamal's gun.

PROTESTORS: Let's go march. Let's go march.

OKWU (voice-over): For two decades, the case has been a catalyst for police groups and death penalty advocates on one side and a permage (ph) of capital punishment on the other. Many, including some high-profile celebrities, say Abu Jamal is a political prisoner. Tuesday's ruling has raised the volume.

ED ASNER, ACTOR: From the very beginning, as this case was brought to my attention, the smell of it was most pungent and kept pulling me in because it seemed like a kangaroo court; seemed like a lynch trial.

OKWU (voice-over): Faulkner's widow, Maureen.

MAUREEN FAULKNER: (INAUDIBLE) for all survivors around the country. It's not fair that we all have to go through this appeal system - appellate system over and over and over again, reliving our nightmare.

(END VIDEOTAPE)

OKWU: Now the federal judge has ordered Pennsylvania court to hold a brand new sentencing hearing within six months or to just change the sentence to life in prison - Paula.

ZAHN: All right Michael. Thanks so much. Actually before I let you go, when the federal judge ruled that he had a problem with the trial judge's instructions for the jury, what was he talking about?

OKWU: Well Paula, it's a little bit of legal ease, but essentially this is what happens in any capital punishment case. The jury is suppose to weigh two distinct circumstances. On the one hand, aggravating circumstances and on the other, litigating circumstances. In this case, for example, an aggravating circumstance would be the fact that the victim was a police officer and of course that tends to favor the prosecution.

On the other hand, a litigating circumstance in this case would be the fact that Abu Jamal did not have a significant criminal record and that, of course, would weigh in favor of the defense. The federal judge in this particular case was concerned about the way the instructions were given to the jury. He was concerned that the jury might have believed that essentially they all had to agree unanimously that these litigating circumstances did exist. Now that is not the law. They don't all have to unanimously agree and that's why the federal judge ruled the way he did. Paula.

ZAHN: All right. Michael Okwu, thanks so much. Stay with us. In our next hour we talk with actor and Abu Jamal supporter Ed Asner and the attorney for the family of slain police officer Daniel Faulkner.

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