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3rd Circuit Says Mumia Must Have New Sentencing Trial If Death Sentence Is To Be Reinstated

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On April 26, 2011 the US Third Circuit Court upheld earlier rulings from 2001 (by US District Court Judge William Yohn) and 2008 (by the same 3rd Circuit panel of three judges) that 'overturned'* the death sentence and stated that if the DA wants to re-instate the death penalty, then Mumia must first be given a new sentencing phase jury trial where Mumia can present evidence of innocence but the jury can only decide between execution or life in prison without parole. (View full ruling)

Also from Newswire: 3rd Circuit Appeal Ruling Favoring Abu-Jamal Smacks Down US Supreme Court

More From: NAACP LDF press release II Jeff Mackler II Linn Washington Jr. II Democracy Now interviews Judith Ritter and Linn Washington Jr. II Amy Goodman in Guardian UK II Associated Press / ABC II Philadelphia Inquirer II Newsworks/WHYY video of DA Seth Williams II Amsterdam News II FreeMumia.com

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Demonstration in Berlin, Germany

According to the ruling, the DA now has 180 days to decide whether or not to have a new sentencing trial. However, the DA is now appealing this ruling to the US Supreme Court, further postponing the 180 day deadline.
 
*The word 'overturned' must be qualified because following the 2001 ruling, at the DA's request, Mumia has never left his death row cell or been given general population 'privileges' such as contact visits with family.

Comentarios

As

I posted before, there is no new evidence...none and the Convicted and affirmed murderer Mumia Abu Jamal will die in prison with or without the help of the State...and rightfully so...more than he gave Officer Daniel Faulknet when he executed the wounded and prone helpless Officer.

Jon Pisano

Mumia is not a murderer

And had he actually killed that cop, he would himself have been the EXECUTIONER of a brutal cop, but witnesses reported another armed man leaving the scene. The bullet found in the dead pig was a 44 slug, but Mumia was carrying only a .38!

Good riddance to that fucking cop Faulkner-and to judge Sabo, who retired with Mumia still very much alive and well. I say Mumia should be released, and all those swine who set him up should take his place on Death Row.

Wesley Cook

Your comments, Luke, truely show just how little you know about the TRUE PROVEN facts of this case. And your racists comments definitely show your bias which is part of the problem in this country....people who make comments as you did....no better than the KKK or skinheads.

Jon Pisano
Stakeout Unit, retired

Dead pig? Really. Shows

Dead pig? Really. Shows your mentality and the kind of human being you are. That MAN was a young husband and father. Remember that statement one day when you or a family member need a pig to help you. I have realized over the years usually the people with that pig mentality are the loser idiots who are on the wrong side of the law to begin with. Mumia is guilty. Common sense which you obviously have none of is enough to see that. He should have been sent to hell long ago. He may be able to fool some but he can't fool God!!

So neither of us will get

So neither of us will get what we truly want, but you will never be able to hurt another black person unjustly like this again.

Jamal

So...please tell the readers what you mean by "you will never hurt another black person unjustly like this again". We/I did not do anything to the affirmed executioner Mumia Abu Jamal...he did it to himself and the Courts over the 30 years have thoroughly reviewed every scrap of evidence and so called "new evidence" and guess what...the conviction stands...guilty of first degree murder. Black or white....still a killer...proven and affirmed.

Jon Pisano
Stakeout Unit, retired

"[N]o new evidence?" If you

"[N]o new evidence?" If you mean evidence that wasn't presented at the original trial and has NEVER been reviewed by a jury, there are REAMS of "new evidence."

If you think Mumia is so guilty, give him a fair retrial! if you refuse, admit that you KNOW that he was framed the first time and that you KNOW that you don't have the evidence to do again.

Until a fair retiral happens, there is neither a validly constitutional conviction nor sentence of Mumia. To carry out an execution under such circumstances would be out-and-out MURDER!

Jamal/evidence/sceptics

Please post your new found 'Evidence" so we may review same and pass it on to our legal minds for evaluation since the Courts already found and reviewed on appeal, NOTHING wrong with Jamal's GUILTY verdict. If you don't want to embarrass your self here, you can contact me at johnnypeppers@hotmail.com..but PLEASE...no B.S...just the proven FACTS please

jon

Excuse me

but could you site "REAMS" of CREDIBLE NEW EVIDENCE ? We bet you can't. All CREDIBLE evidence was presented at the trial. During discovery phase, both DEFENCE and Prosecution review all of the evidence...all of it. During the past 30 years ALL of the evidence was reviewed over and over again and IF there were ANY discrepancies, the reviewing Courts would have ruled for a new trial...but guess what...no new evidence was presented to the Courts to justify a new trial...NONE...unless YOU know more than the Courts. Tell us this...how come the Attorney from California backed out of this case and now it's being handled by a "Legal Defence Fund" Your unsubstantiated postings sound like those on the Journalists for Mumia Abu Jamal site...smoke and mirrors...any connection?

Jon Pisano
Stakeout Unit, retired
Proud member of FOP Lodge #5

Linn Washington and other

Linn Washington and other knowledgeable people, who have investigated this case since its inception, have already presented numerous detailed accounts of the many ways in which Mumia Abu-Jamal was framed by the police, the prosecutor and the blatantly racist judge. Joe Pisano and the rest of the Philadelphia lynch mob know Mumia Abu-Jamal is innocent of murder – they just want to murder Mumia because he was a former member of the Black Panther Party, he was doing a journalistic investigation of police brutality, and he survived Officer Faulkner’s attack on him. As Mumia Abu-Jamal said of another police department, what is the difference between the Philadelphia F.O.P. and the Ku Klux Klan? The uniforms are different.

Your reply

is SOOO far off the mark it qualifies as fiction> "he survived Officer Faulkner's attack on him". How in the name of JUSTICE could you state something as that when it was PROVEN by witnesses that Jamal shot Officer Faulkner in the BACK. I ask you to read the TRANSCRIPTS in debth and you will know the TRUE facts of this case. What is comical as to your response...and we don't know where you got that B.S. from and I quote " he, Jamal, was doing a journalistic investigation of Police brutality". FACT, Jamal was FIRED from his radio commentary position and was driving a CAB in Phila. to earn some money. "The power of TRUTH is final" who said that???

Jon Pisano
Stakeout Unit retired
Proud member of FOP lodge #5

NOTICE

NO response from the "usual suspects" regarding FACTUAL evidence regarding the execution of Officer Faulkner by Mumia Abu Jamal. All we get is speculation and what ifs....someone else did it etc. HAS ANY ONE DIRECTLY ASKED JAMAL IF HE IN FACT KILLED OFFICER FAULKNER? And what, if any was his answer....I remember one from a prisoner advocate ,when asked Jamal if he was sorry he killed the Officer and the reply was...YES.

Jon Pisano
Stakeout Unit, retired

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