Philly DA to Drop Challenge in Mumia Abu-Jamal Case, Clearing Way for Renewed Appeal to Reach High Court
by Chris Palmer
Philly.com
APRIL SAUL / FILE PHOTOGRAPH
Philadelphia District Attorney Larry Krasner said Wednesday that his office would drop its challenge of a judge’s ruling in convicted cop killer Mumia Abu-Jamal’s case, clearing the way for Abu-Jamal to re-argue his appeal before the Pennsylvania Supreme Court.
The decision marks the latest chapter in a long-running appeals battle that has gained renewed attention in recent years, as Abu-Jamal’s lawyers have argued that he deserves another shot to take his case before the high court due to a recusal issue involving Pennsylvania Chief Justice Ronald D. Castille.
Krasner said in a statement that his office decided to withdraw its latest challenge because Common Pleas Court Judge Leon Tucker issued an opinion last month further explaining a ruling he offered in December. In the original ruling, Tucker said Abu-Jamal was entitled to re-argue his appeal because Castille — who was Philadelphia’s district attorney during the early portions of Abu-Jamal’s post-conviction efforts — did not recuse himself when Abu-Jamal’s case later came before him on the high court.
Krasner’s office challenged that initial decision, saying it believed Tucker’s ruling was overly broad and could require any top prosecutor who becomes a judge to be recused from any case that had been pending before joining the bench — something Krasner’s office believed could impact an untold number of already-decided cases.
Last month, Tucker issued an opinion saying prosecutors’ reading of his earlier ruling was a “mischaracterization of the facts” and should not be taken in such a broad manner. Krasner said in his statement: “Given that the trial-level court has now addressed the concerns that led us to appeal in the first place, we have withdrawn the appeal.”
Abu-Jamal, 64, a former Black Panther and radio reporter, is serving a life sentence for the Dec. 9, 1981, shooting death of Philadelphia Police Officer Daniel Faulkner, 25, at 13th and Locust Streets.
His case is one of the most closely-watched and controversial in city history. Earlier this year, Krasner, elected on a reform-oriented platform, was uninvited from speaking at a Rebellious Lawyering conference at Yale Law School due to his handling of Abu-Jamal’s appeal.
Abu-Jamal’s lawyers could not be reached for immediate comment Wednesday afternoon.
Philly.com
APRIL SAUL / FILE PHOTOGRAPH
Philadelphia District Attorney Larry Krasner said Wednesday that his office would drop its challenge of a judge’s ruling in convicted cop killer Mumia Abu-Jamal’s case, clearing the way for Abu-Jamal to re-argue his appeal before the Pennsylvania Supreme Court.
The decision marks the latest chapter in a long-running appeals battle that has gained renewed attention in recent years, as Abu-Jamal’s lawyers have argued that he deserves another shot to take his case before the high court due to a recusal issue involving Pennsylvania Chief Justice Ronald D. Castille.
Krasner said in a statement that his office decided to withdraw its latest challenge because Common Pleas Court Judge Leon Tucker issued an opinion last month further explaining a ruling he offered in December. In the original ruling, Tucker said Abu-Jamal was entitled to re-argue his appeal because Castille — who was Philadelphia’s district attorney during the early portions of Abu-Jamal’s post-conviction efforts — did not recuse himself when Abu-Jamal’s case later came before him on the high court.
Krasner’s office challenged that initial decision, saying it believed Tucker’s ruling was overly broad and could require any top prosecutor who becomes a judge to be recused from any case that had been pending before joining the bench — something Krasner’s office believed could impact an untold number of already-decided cases.
Last month, Tucker issued an opinion saying prosecutors’ reading of his earlier ruling was a “mischaracterization of the facts” and should not be taken in such a broad manner. Krasner said in his statement: “Given that the trial-level court has now addressed the concerns that led us to appeal in the first place, we have withdrawn the appeal.”
Abu-Jamal, 64, a former Black Panther and radio reporter, is serving a life sentence for the Dec. 9, 1981, shooting death of Philadelphia Police Officer Daniel Faulkner, 25, at 13th and Locust Streets.
His case is one of the most closely-watched and controversial in city history. Earlier this year, Krasner, elected on a reform-oriented platform, was uninvited from speaking at a Rebellious Lawyering conference at Yale Law School due to his handling of Abu-Jamal’s appeal.
Abu-Jamal’s lawyers could not be reached for immediate comment Wednesday afternoon.
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