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WEB POSTED 09-11-2001

 
 

 

 

New witness: Judge in Mumia case said he would 'fry the Nigger'

PHILADELPHIA (NNPA)�Death row journalist Mumia Abu-Jamal�s near 20-year quest for a new trial took yet another dramatic turn recently when an attorney for the death row inmate introduced a sworn statement from a woman claiming to have overheard the original trial judge say he was going to help "fry the nigger."

Marlene Kamish�one of four attorneys for Mr. Abu-Jamal, 47, on Death Row for the murder of Daniel Faulkner, a white Philadelphia police officer, 20 years ago this December�filed the affidavit Aug. 28 in U.S. District Federal Court in Philadelphia.

The statement, read by attorney Kamish at the press conference outside the office of Philadelphia Mayor John Street, was made by Terri Maurer-Carter, a 42-year-old mother who was a court stenographer in 1982. Ms. Maurer-Carter said she overheard Judge Albert Sabo at Mr. Abu-Jamal�s trial that year tell another person he "would help �em fry the nigger."

"I went through an anteroom, on my way to that courtroom, where Judge Sabo and another person were engaged in conversation. � There were three people present when Judge Sabo made the remark, including myself," the statement said.

Judge Sabo and the city�s district attorney�s office did not make any public statements.

Atty. Kamish said Ms. Maurer-Carter�s statement was filed to support the Black journalist�s claims that he was denied a fair trial and that Judge Sabo had violated his rights by acting with judicial bias.

"For the whole history of the case of Mumia Abu-Jamal, (there) has been racist and judicial bias on the part of Judge Sabo," said attorney Kamish. "Throughout the trial (and) the post-conviction hearings, there has been a relentless record of Judge Sabo�s violations of (Abu-Jamal�s) rights. This written statement testifies to the deep racial and judicial bias of Judge Sabo."

Judge Sabo, referred to as a "prosecutor in robes" by many of his critics, was an open supporter of the city�s Fraternal Order of Police while on the bench and was legendary for sending many criminals to death row. During Mr. Abu-Jamal�s trial, he denied the former radio journalist the right to defend himself or to choose his own defense team, which led to several verbal confrontations between the two men.

Mr. Abu-Jamal�s supporters charge Judge Sabo also allowed the prosecution to overly emphasize the Black journalist�s Black Panther past and to exclude 11 out of 16 potential Black jurors. Mr. Abu-Jamal was convicted in July 1982 by a mostly white jury.

Mr. Abu-Jamal�s prior legal team, led by attorney Leonard Weinglass, had introduced 29 constitutional violations in the MOVE supporters� trial and appeal process. Mr. Abu-Jamal fired attorney Weinglass� team last spring because of a book written by a team member critical of Mr. Abu-Jamal�s more radical followers.

Atty. Kamish said her office became aware of Ms. Maurer-Carter, a death penalty opponent, about two weeks ago when the woman called her and said she had an important statement to make in regards to the case. But Ms. Maurer-Carter, contacted later that night by reporters, said Mr. Abu-Jamal�s legal team contacted her, asking her to testify.

Although attorney Kamish would not give information on Ms. Maurer-Carter�s whereabouts, the lawyer said the woman would be available for an evidentiary hearing when a date was set. The Philadelphia Inquirer identified her as being from Delaware.

This latest information comes almost five months after Mr. Abu-Jamal�s attorneys released the sworn statement of Arnold Beverly, a self-described "hit-man" who confessed to Mr. Faulkner�s murder.

However, U.S. District Judge William H. Yohn Jr.�who has yet to decide whether to give the newspaper columnist a hearing to decide on a new trial�refused to admit the Beverly affidavit as evidence, saying it had been introduced too late to be considered.

While his federal appeal is pending, Mr. Abu-Jamal is seeking to reopen his case on the state level as a result of Ms. Beverly�s confession.

Atty. Kamish pointed out most of the claims made by Mr. Abu-Jamal were based on Sabo�s judicial bias.

� The Philadelphia

New Observer

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