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"This Is No Victory"--Analysis of Third Circuit Court decision re. Mumia Abu-Jamal

By Linn Washington, Jr.  Posted by Hans Bennett (about the submitter)       (Page 7 of 10 pages) Become a premium member to see this article and all articles as one long page.   1 comment
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Scores of newspaper articles from the New York Times to the ultra-conservative/law-&-order Washington Times reported on Sabo’s pro-prosecution bias at that ’95 appeal hearing.

The Pa Supreme Court curtly dismissed this widespread journalistic criticism by contending that the “view of a handful of journalists” did not convince that Court of Sabo’s bias.

Five of the seven Pa Supreme Court justices that upheld Abu-Jamal’s conviction in 1998 received campaign contributions from the lead group seeking Abu-Jamal’s execution, Philadelphia’s police union, the Fraternal Order of Police (FOP). One of those ’98 justices was the ex-DA of Philadelphia who as DA fought to execute Abu-Jamal.

The Third Circuit agreed with the Pa Supreme Court’s 1998 ruling that no evidence exists showing a “settled bias” by Sabo against Abu-Jamal. The Third Circuit panel made this assertion despite noting Sabo making a series of “intemperate remarks” against Abu-Jamal and his defense attorneys during that 1995 appeal hearing.

In another flip-flop ruling, the Pa Supreme Court in March 1988 found that a single statement uttered by the judge during the murder trial of a former Pa State Trooper “was extremely prejudicial” to this Trooper who killed a woman inside a judge’s office.

Where the Pa Supreme Court granted a new trial to that killer cop because of that judge’s one improper comment, one year later the same Court found no fault in numerous opinion laden statements Judge Sabo made during the Abu-Jamal trial.

Sabo rejected requests to remove himself from hearing that ’95 appeal made by Abu-Jamal attorneys citing his pro-prosecution during the 1982 trial. News articles, editorials and commentaries all faulted Sabo for not removing himself stating his failure recuse himself graphically displayed unfairness in a proceeding where fairness was desperately needed.

Journalistic watch-dogs normally hostile to Abu-Jamal sought the face of fairness in that ’95 proceeding both to follow established law and to quell critics claiming Sabo’s unfairness against Abu-Jamal undermined fairness.

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Hans Bennett is a multi-media journalist mostly focusing on the movement to free Mumia Abu-Jamal and all political prisoners. An archive of his work is available at insubordination.blogspot.com and he is also co-founder of "Journalists for Mumia," (more...)
 
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