Mumia Abu-Jamal's supporters vow to keep up fight

One panel member, Judge Thomas Ambro, wrote a 41-page dissent strongly criticizing the majority of the panel and saying the prosecution’s elimination of African Americans from the jury that convicted Abu-Jamal was evidence of racism. The National Lawyers Guild and the NAACP Legal Defense and Education Fund had filed separate friend-of-the-court briefs supporting the appeal.

Calling the decision “a mixed bag,” Abu-Jamal’s lawyer, Robert Bryan, said, “Any time the death penalty gets thrown out, it is a real victory. We were astounded that the court ruled against a new trial.”

Philadelphia District Attorney Lynne Abraham could now call for a new sentencing trial that would decide whether to reinstate the death penalty or to sentence Abu-Jamal to life in prison. Abraham has said many times that Mumia Abu-Jamal should be executed. But Bryan said that even during a sentencing trial he would be able to present evidence proving Abu-Jamal is not guilty of murder.