Appeal Filed on Ruling Reversing Death Sentence

PHILADELPHIA —  Prosecutors are appealing a federal judge’s ruling overturning the death sentence of convicted police killer Mumia Abu-Jamal.

The brief notice of intent to appeal, filed Thursday, freezes Tuesday’s order from U.S. District Judge William Yohn, who said Abu-Jamal deserves a new sentencing hearing because of errors in the jury instructions given during his 1982 hearing.

In a ruling criticized by both sides, Yohn upheld Abu-Jamal’s conviction, rejecting defense claims that the former Black Panther did not get a fair trial.

Abu-Jamal, 47, was convicted of killing Philadelphia Police Officer Daniel Faulkner, 25, in 1981.

Lawyers for Abu-Jamal say they will ask a federal appeals court to grant a new trial.

Yohn had ordered the state to conduct a new sentencing hearing within 180 days or sentence Abu-Jamal to life imprisonment, unless an appeal was filed.

Dist. Atty. Lynne Abraham said her office will appeal Yohn’s ruling to the U.S. Supreme Court if necessary, calling Abu-Jamal “a remorseless, coldblooded killer.”