Judges Swayed by “Free Mumia” Sidewalk Message
April 1, 2008 –
Members of the three-judge panel which Thursday called for the re-sentencing of death-row inmate Mumia Abu-Jamal yesterday admitted that the controversial decision was largely based on the words "Free Mumia" written in the sidewalk of a Center City side street. "In last week's ruling, we wrote that possible jury bias entitled Abu-Jamal to a new sentencing hearing," Chief Judge Anthony Scirica said yesterday. "But, truthfully, that played only a small part in our decision. The words 'Free Mumia' on the corner of Cypress and Juniper were a far more significant factor."
 Judge Thomas Ambro agreed, saying that the finger-scrawled message to release Abu-Jamal was "clearly the work of an unusually dexterous legal mind. After seeing such a well-considered argument, we would've been remiss not to overturn his sentence." Judge Robert Cowen had similar words. "Whoever took the care to squat down and write those nine letters in wet cement obviously understood the prima facie nature of the 1982 murder conviction–as well as the 1986 precedent set in Batson v. Kentucky," he reflected. "Unfortunately, we weren't in a position to discharge [Abu-Jamal]... but we did what I feel to be the next best thing."
Rachel Hurst, 25, who wrote the message as an undergraduate at The University of the Arts in 2003, was highly pleased with the appellate panel's ruling. "I'm not surprised by the effect that my 'Free Mumia' had on the judges," she said by telephone from her job at Anthropologie. "I mean, I was hoping he'd be totally freed? But still, I'm pretty happy with the decision." Scirica was likewise satisfied. "In the coming months, we'll see whether or not a new jury reduces [Abu-Jamal's] penalty to a life sentence," he said. "But, thanks to that persuasive message in the pavement, my colleagues and I have done all that we can."
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