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American Morning

Interview of Michael Smerconish, Faulkner Family Attorney

Aired December 19, 2001 - 09:09   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: And we told you last hour about a convicted killer, Mumia Abu-Jamal, whose death sentence was overturned yesterday by a federal judge in Pennsylvania. Well, the widow of the Philadelphia police officer, Daniel Faulkner, who was gunned down 20 years ago, tells CNN she is outraged by the decision.

(BEGIN VIDEO CLIP)

MAUREEN FAULKNER, WIDOW OF DANIEL FAULKNER: I feel that we've been victimized by Mumia Abu-Jamal, who murdered Danny, and also by the justice system, who continues to reopen the wounds of this case by the appeal system, over and over and over again.

(END VIDEO CLIP)

ZAHN: The judge has now given the state six months to hold a new sentencing hearing, or reduce Abu-Jamal's sentence to life in prison. Joining us now from New York, Michael Smerconish, the attorney for the Faulkner family.

Welcome, good to have you with us this morning. So, Michael, explain to us exactly what this means, and what your strategy is right now.

MICHAEL SMERCONISH, FAULKNER FAMILY ATTORNEY: What happened yesterday, Paula, is that a federal judge sitting in Philadelphia issued a mammoth 300-page opinion that had a two-fold effect. Number one, and I think most importantly, this judge upheld the fundamental facts as concluded by the jury in this case. In other words, the conviction of Mumia Abu-Jamal for the murder of Danny Faulkner stands, and all that which has been thrown at the wall over the span of two decades by this well-fed defense apparatus, it goes by the wayside. Number two, the judge said that there were some questions raised about how the sentencing process was handled sufficient that, he believes, there needs to be resentencing procedure for Jamal. So, the conviction stands, but the sentencing process has been called into question. Already the prosecution, meaning the D.A. in Philadelphia, has announced that they will take an appeal of this matter -- and I'm sure the Jamal forces will probably appeal the underlying factual assertions, and what he concluded about them. Bottom line: After 20 years, we're not finished yet.

ZAHN: All right, but would you acknowledge this morning that there was some confusion during the sentencing process. SMERCONISH: No. I'm not prepared to acknowledge that at all. I spoke with Joe McGill (ph) last night, the man who prosecuted Jamal. I believe what he told me, which is that there was no question in the minds of those jurors when they sentenced this man to death about that which they were doing.

ZAHN: All right. You know doubt know that Ed Asner was supposed to appear on this sentence -- or, on this segment with us today. We so far can't located him, but he has said over and over again that this trial was a sham, it was a kangaroo court, it was a travesty, that Abu-Jamal's rights were trampled. What would you say to him if he was a guest on this show?

SMERCONISH: I would say to that -- I would say to that, I'm holding in my hand something that looks like the Philadelphia phone book. 300 pages of a meticulous analysis of all that -- I was going to say Mr. Grant -- that Ed Asner and Mike Farrell and Whoopie Goldberg and the rest of the Hollywood left that would support a cop killer have been saying for twenty years. This judge, Paula, did not buy into any of it. He didn't buy into their complaints about the eyewitnesses. He didn't buy into their complaints about the ballistics. He certainly did not believe this recent business about a so-called hit man who has surfaced 18 years after the murder to say, well, I was the trigger man it was not Mumia Abu-Jamal. So, from that perspective, it's a repudiation of all that Ed Asner has been saying, as well as the defense lawyers.

ZAHN: So, what are you suggesting when you refer to Jamal's defense folks as a "well-fed defense apparatus"?

SMERCONISH: I mean that people who are within the city limits in Philadelphia know what went on here, and there's no controversy within Philadelphia about the guilt or innocence of Mumia Abu-Jamal. But when you get outside the city, this is a -- this is a great yarn, and it has attracted significant support from a lot of Hollywood celebrities who have bought into the idea that Mumia is somehow a poster child for the case against the death penalty. I happen to be a death penalty proponent, not opponent. I would concede to you that there can be a healthy debate as to whether we should have a death penalty in this country, but he's not the right person around whom they should surround themselves. There are plenty, I imagine, of better examples of people whose guilt or innocence you could call into question.

ZAHN: So, Michael, let me ask you this. Given your position on the death penalty, is it clear to you, from what the judge said yesterday, and I guess you don't know whether the other side is going to appeal this or not, there is no way that Jamal will face the death penalty. You're going to get a shortened sentence here whether you like it or not.

SMERCONISH: No, I'm not prepared to concede that at all. I will tell you how I feel this morning, having had a late night reading the opinion. I'm more comfortable than ever before that the underlying conviction of Jamal will never be overturned. I think this judge was too meticulous in how he went about his analysis of those facts. ZAHN: All right, but a conviction and a sentencing are two different things, right?

SMERCONISH: No doubt about it. You're absolutely right. The sentencing, now, is up for grabs. So, let me tell you what's about to take place. There is going to be an appeal to the federal courts on the sentencing issue. The D.A. is saying the judge, this judge, got it wrong on sentencing, and I can tell you that the Jamal people will absolutely be appealing the other aspect of his conclusion, which is that the trial itself was legitimate and came to the right conclusion.

ZAHN: All right. Michael Smerconish, thank you very much for going it alone this morning.

SMERCONISH: Thank you.

ZAHN: At some point, we'd like to link you up with Ed Asner

SMERCONISH: Oh, I'd like it very much.

ZAHN: Make that happen, to let you two challenge each other, but once again, we appreciate your dropping in our New York studios this morning.

SMERCONISH: Okay.

ZAHN: Thank you.

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