Tom Ridge, who signed Abu-Jamal's death warrant on June 1, 1995
State appeals The
Supreme Court of Pennsylvania on March 6, 1989, heard and rejected a direct appeal of his conviction. It subsequently denied rehearing. The
Supreme Court of the United States denied his petition for
writ of certiorari on October 1, 1990, and denied his petition for rehearing twice up to June 10, 1991. On June 1, 1995, Abu-Jamal's
death warrant was signed by Pennsylvania Governor
Tom Ridge. The Supreme Court of the United States denied a petition for
certiorari against that decision on October 4, 1999, enabling Ridge to sign a second death warrant on October 13, 1999. Its
execution was stayed as Abu-Jamal began to seek federal
habeas corpus review. As Abu-Jamal's defense team prepared another appeal in 2001, they were divided over use of the Beverly affidavit. Some thought it usable and others rejected Beverly's story as "not credible". Private investigator George Newman claimed in 2001 that Chobert had recanted his testimony. Commentators noted that police and news photographs of the crime scene did not show Chobert's taxi, and that Cynthia White, the only witness at the original trial to testify to seeing the taxi, had previously provided crime scene descriptions that omitted it. Cynthia White was
declared dead by the
state of New Jersey in 1992, but Pamela Jenkins claimed that she saw White alive as late as 1997. The Free Mumia Coalition has claimed that White was a
police informant and that she falsified her testimony against Abu-Jamal. Kenneth Pate, who was imprisoned with Abu-Jamal on other charges, has since claimed that his step-sister Priscilla Durham, a hospital security guard, admitted later she had not heard the "hospital confession" to which she had testified at trial. The hospital doctors said that Abu-Jamal was "on the verge of fainting" when brought in, and they did not hear any such confession. In 2008, the Supreme Court of Pennsylvania rejected a further request from Abu-Jamal for a hearing into claims that the trial witnesses
perjured themselves, on the grounds that he had
waited too long before filing the appeal. On March 26, 2012, the Supreme Court of Pennsylvania rejected his appeal for
retrial. His defense had asserted, based on a 2009 report by the
National Academy of Sciences, that
forensic evidence presented by the prosecution and accepted into evidence in the original trial was unreliable. This was reported as Abu-Jamal's last legal appeal. On April 30, 2018, the Pennsylvania Supreme Court ruled that Abu-Jamal would not be immediately granted another appeal and that the proceedings had to continue until August 30 of that year. The defense argued that former Pennsylvania Supreme Court Chief justice
Ronald D. Castille should have
recused himself from the 2012 appeals decision after his involvement as Philadelphia District Attorney (DA) in the 1989 appeal. Both sides of the 2018 proceedings repeatedly cited a 1990 letter sent by Castille to then-Governor
Bob Casey, urging Casey to sign the execution warrants of those convicted of murdering police. This letter, demanding Casey send "a clear and dramatic message to all cop killers," was claimed as one of many reasons to suspect Castille's bias in the case. Philadelphia's current DA
Larry Krasner stated he could not find any document supporting the defense's claim. On August 30, 2018, the proceedings to determine another appeal were once again extended and a ruling on the matter was delayed for at least 60 more days. In April 2019, Krasner agreed to drop his opposition a new appeal effort for Abu-Jamal, thus paving the way for a new hearing. In March 2023, Philadelphia-based Common Pleas Court Judge Lucretia Clemons would block this latest appeal effort.
Federal District Court 2001 ruling The Free Mumia Coalition published statements by William Cook and his brother Abu-Jamal in the spring of 2001. Cook, who had been stopped by the police officer, had not made any statement before April 29, 2001, and did not testify at his brother's trial. In 2001 he said that he had not seen who had shot Faulkner. Abu-Jamal did not make any public statements about Faulkner's murder until May 4, 2001. In his version of events, he claimed that he was sitting in his cab across the street when he heard shouting, saw a police vehicle, and heard the sound of gunshots. Upon seeing his brother appearing disoriented across the street, Abu-Jamal ran to him from the parking lot and was shot by a police officer. In 2001, Judge
William H. Yohn, Jr. of the
United States District Court for the Eastern District of Pennsylvania upheld the conviction, saying that Abu-Jamal did not have the right to a new trial. He
vacated the sentence of death on December 18, 2001, citing irregularities in the penalty phase of the trial and the original process of sentencing. and ruled
unconstitutional the requirement that a jury be unanimous in its finding of circumstances mitigating against a sentence of death. Eliot Grossman and Marlene Kamish, attorneys for Abu-Jamal, criticized the ruling on the grounds that it denied the possibility of a
trial de novo, at which they could introduce evidence that their client had been framed. Prosecutors also criticized the ruling. Officer Faulkner's widow Maureen said the judgment would allow Abu-Jamal, whom she described as a "remorseless, hate-filled killer", to "be permitted to enjoy the pleasures that come from simply being alive". Both parties appealed.
Federal appeal and review On December 6, 2005, the
Third Circuit Court of Appeals admitted four issues for appeal of the ruling of the District Court: • in relation to sentencing, whether the jury verdict form had been flawed and the judge's instructions to the jury had been confusing; • in relation to conviction and sentencing, whether
racial bias in
jury selection existed to an extent tending to produce an inherently biased jury and therefore an unfair trial (the
Batson claim); • in relation to conviction, whether the prosecutor improperly attempted to reduce jurors' sense of responsibility by telling them that a guilty verdict would be subsequently vetted and subject to appeal; and • in relation to post-conviction review hearings in 1995–1996, whether the presiding judge, who had also presided at the trial, demonstrated unacceptable bias in his conduct. The
Third Circuit Court heard oral arguments in the appeals on May 17, 2007, at the United States Courthouse in Philadelphia. The appeal panel consisted of Chief Judge
Anthony Joseph Scirica, Judge
Thomas Ambro, and Judge
Robert Cowen. The Commonwealth of Pennsylvania sought to reinstate the sentence of death, on the basis that Yohn's ruling was flawed, as he should have deferred to the Pennsylvania Supreme Court which had already ruled on the issue of sentencing. The prosecution said that the
Batson claim was invalid because Abu-Jamal made no complaints during the original jury selection. The resulting jury was racially mixed, with 2 blacks and 10 whites at the time of the unanimous conviction, but defense counsel told the Third Circuit Court that Abu-Jamal did not get a fair trial because the jury was racially biased, misinformed, and the judge was a racist. He noted that the prosecution used eleven out of fourteen
peremptory challenges to eliminate prospective black jurors. Terri Maurer-Carter, a former Philadelphia
court stenographer, stated in a 2001
affidavit that she overheard Judge Sabo say "Yeah, and I'm going to help them fry the
nigger," in the course of a conversation with three people present regarding Abu-Jamal's case. Sabo denied having made any such comment. On March 27, 2008, the three-judge panel issued a majority 2–1
opinion upholding Yohn's 2001 opinion but rejecting the bias and
Batson claims, with Judge Ambro dissenting on the
Batson issue. On July 22, 2008, Abu-Jamal's formal petition seeking reconsideration of the decision by the full Third Circuit panel of 12 judges was denied. On April 6, 2009, the
United States Supreme Court refused to hear Abu-Jamal's appeal, allowing his conviction to stand. On January 19, 2010, the Supreme Court ordered the appeals court to reconsider its decision to rescind the death penalty. The same three-judge panel convened in Philadelphia on November 9, 2010, to hear oral argument. On April 26, 2011, the Third Circuit Court of Appeals reaffirmed its prior decision to vacate the death sentence on the grounds that the jury instructions and verdict form were ambiguous and confusing. The Supreme Court declined to hear the case in October.
Death penalty dropped On December 7, 2011,
District Attorney of Philadelphia R. Seth Williams announced that prosecutors, with the support of the victim's family, would no longer seek the death penalty for Abu-Jamal and would accept a sentence of
life imprisonment without parole. This sentence was reaffirmed by the
Superior Court of Pennsylvania on July 9, 2013. After the press conference on the sentence, widow Maureen Faulkner said that she did not want to relive the trauma of another trial. She understood that it would be extremely difficult to present the case against Abu-Jamal again, after the passage of 30 years and the deaths of several key witnesses. She also reiterated her belief that Abu-Jamal
will be punished further after death. == Life as a prisoner ==