Judge Albert Sabo, 74, has presided in Pennsylvania's Court of Common Pleas over almost every hearing involving Mumia Abu-Jamal, from his 1982 trial through the recent appeal. He is now deciding whether to grant Abu-Jamal a new trial.
Sabo has sentenced 31 men between 1976 and 1991 to Pennsylvania's death row, more than any judge in the country, according to the NAACP Legal Defense and Education Fund.
In court papers filed earlier this year, defense attorney Leonard Weinglass asked Sabo to remove himself from the case, citing numerous instances where the judge deprived Abu-Jamal of a fair trial. Weinglass described the judge's performance as biased and hostile to his client.
Sabo responded that he gave Abu-Jamal a fair trial in 1982, and he would do the same in 1995. With that, the judge denied the request.
Among the allegations made in his petition to remove Sabo, Weinglass cited:
The petition noted that Sabo was an undersheriff for Philadelphia County and member of several law enforcement associations. The petition also noted that Sabo rulings had been reversed on appeal, partially or totally, in 11 death penalty cases. The petition went on to allege that Sabo's many sentences of death had racial overtones. A 1992 article noted that of 26 of Sabo's death sentences, 24 involved black men. Finally, the petition argued that some of Sabo's many off-the-cuff statements indicated a bias against Abu-Jamal:
- Sabo ordered Abu-Jamal removed from the courtroom on several occasions during the trial and made no preparation for Abu-Jamal to follow the proceedings from his jail cell. As a result, Abu-Jamal was deprived of the right to participate in his own defense and missed large sections of his own trial. Sabo reasoned that Abu-Jamal was being too disruptive.
- Sabo cut off the interviewing of jurors by Abu-Jamal, charging that the defendant was making jurors nervous.
- During the trial, Sabo terminated the testimony of witnesses Robert Chobert and Veronica Jones, keeping out evidence that could have aided in Abu-Jamal's defense.
- Sabo refused to allow a continunce so that the defense could call vacationing Police Officer Gary Wakshul regarding his report from the night of the murder that the "Negro male" made no statement. The testimony could have raised questions about allegations that whether Abu-Jamal confessed in the hospital.
- Sabo held a hearing in Abu-Jamal's absence to determine whether an allegation by two witnesses that a responding police officer had shot Abu-Jamal should be admitted.
Sabo continued making off-the-cuff statements during this summer's hearings:
- In expelling Abu-Jamal from the courtroom, Sabo said: "Take a walk."
- In rejecting a continuance to allow Wakshul to return to testify, Sabo said: "You and your attorney goofed."
- In disallowing a defense request to have MOVE founder John Africa at the table, Sabo said: "Send him to law school."
- During an Aug. 4, 1995 hearing with testimony from a defense bullet wound expert, Sabo said: "Frankly I don't see why we're so interested in how [Abu-Jamal] got shot."
- Criticizing defense attempts to, as he said, argue broad issues in court, Sabo said: "It's like leaving a bull in a china shop .... They just go through an knock everything down."
- Ruling that off-duty cops would be allowed to keep their firearms while watching the proceedings, Sabo said: "They're here for my protection too."
- When Weinglass asked for a four-minute recess to track down a witness, Sabo said: "It's 10:28 and a half. You have until 10:30."
- In another instance he said, "Objection over-ruled, whatever it was."
Scene of the CrimeChronologyDefense Motion