by Michael Z. Muhammad

PHILADELPHIA (FinalCall.com)�A Philadelphia judge recently tossed out the death sentence of Mumia Abu-Jamal, ordering the state of Pennsylvania to either conduct a new sentencing hearing within 180 days or sentence Mr. Abu-Jamal to life imprisonment. But even that ruling has devious ulterior motives, anti-death penalty observers noted.

An attorney who has followed the case very closely and wished to remain anonymous told The Final Call that U. S. District Judge William Yohn�s Dec. 18 ruling is cold and calculated and meant to take away Mr. Abu-Jamal�s base supporters.

Mr. Abu-Jamal was convicted for the 1982 murder of Philadelphia Police Officer Daniel Faulkner. The core of the appeal that brought the case before Judge Yohn, the request for a new trial, was denied.

�In terms of a political analysis, there is a disagreement among the ruling elite in this country as to what to do with Mumia,� the attorney said.   

�The choice is to kill him or keep him in prison for the rest of his life. I would say that the most devilish ones want to kill him. Then there is the other faction, the more calculating faction with Judge Yohn in the lead, who say, �look, we can kill two birds with one stone,� � he observed.

The Yohn faction reasons that the best thing to do to Mr. Abu-Jamal is life imprisonment, thereby looking merciful and people who are against the death penalty will drop out of the movement and the movement will be demobilized.

The attorney went on to say that he felt the tragic events of Sept. 11 also played a part in the judge�s decision. 

�The events of September 11 put the United States in a strategically difficult situation, as it wants to appear to the outside world as just and fair. What better way to accomplish that spin than by using Mumia�s case, one that has garnered international attention concerning America�s racism, especially within its court system? I find the timing of the judge�s decision to be suspect and insidious,� the attorney said.

Meanwhile, the judge�s ruling has met with praise from Europeans.  Raymond Forni, president of the French National Assembly in Paris, issued a statement saying that he was delighted concerning the decision.  In Denmark, Mr. Abu-Jamal�s supporters have called the ruling �a great victory.�

In an exclusive interview with The Final Call, one of Mr. Abu-Jamal�s lead attorneys, Elliot Grossman, described the ruling as a partial victory at best. 

Mr. Abu-Jamal�s case is a classic in the history of Black people in this country where any �Negro� will do for the lynch mob, the attorney said.

�We have a man, Arnold Beverly, who has confessed to the crime.  All we want to do is to let the man come into the court.  Why won�t they do that?  If [District Attorney] Lynn Abraham really thought that Arnold Beverly was full of crap, they would not be fighting tooth and nail to keep him off the witness stand,� attorney Grossman said.

As for the future, Mr. Grossman said he would appeal in a federal court a number of issues in an effort to win a new trial.

District Attorney Abraham has said she will appeal Judge Yohn�s decision. Dressed under the cloak of �victims rights,� the controversial Ms. Abraham said, �We believe that the last judge to review this case, following a long line of judges who have denied relief, is incorrect in his legal determination.  And we intend to appeal it all the way to the United States Supreme Court if necessary.�

An outraged Maureen Faulkner, the wife of the slain police officer, said: �I think Judge Yohn is a sick and twisted person after sitting on this case for two years and making this decision just before Christmas.  He wants to play the middle road and try to appease both sides and it doesn�t work.�

Pam Africa, president of the International Concerned Family and Friends of Mumia Abu-Jamal, said in a Dec. 19 press conference that the judge�s decision was not any large victory.

�Judge Yohn used one of the 30 constitutional violations known in Mumia�s trial to make this decision.  He continues to ignore all of the other violations in Mumia�s case.  Until he recognizes the truth of the situation and accepts all the evidence, which completely exonerates Mumia, we will not stop fighting,� she said.