PHILADELPHIA –– A federal judge threw out Mumia Abu-Jamal's death sentence on Tuesday, ruling that the former journalist and Black Panther is entitled to a new sentencing hearing for killing a Philadelphia police officer in 1981.

U.S. District Judge William Yohn ordered the state to conduct the hearing within 180 days.

"Should the Commonwealth of Pennsylvania not have conducted a new sentencing hearing ... the Commonwealth shall sentence petitioner to life imprisonment," the judge said in his 272-page ruling.

Abu-Jamal is America's most famous death-row inmate – revered by a worldwide "Free Mumia" movement as a crusader against racial injustice, and reviled by the officers's supporters as an unrepentant cop-killer who deserves to die.

The judge refused Abu-Jamal's request for a new trial, upholding his 1982 conviction on first-degree murder charges.

The ruling could be appealed to the U.S. 3rd Circuit Court of Appeals.

Abu-Jamal was convicted of shooting officer Daniel Faulkner, 25, during the early-morning hours of Dec. 9, 1981, after the officer pulled over Abu-Jamal's brother in a downtown traffic stop.

DEATH SENTENCE OVERTURNED IN COP KILLING

PHILADELPHIA, Pennsylvania (CNN) -- A federal judge Tuesday overturned the death sentence of Mumia Abu-Jamal, convicted 20 years ago of killing a Philadelphia police officer.

But U.S. District Judge William Yohn refused Abu-Jamal's request for a new trial, upholding his 1982 conviction of first degree murder.

In a 272-page decision, Yohn said Abu-Jamal, 47, was entitled to a new sentencing hearing in state court and ordered Pennsylvania officials to conduct one within 180 days.

Yohn said if the state did not conduct a new sentencing hearing, the court would sentence Abu-Jamal to life imprisonment.

Philadelphia District Attorney Lynn Abraham, whose office prosecuted the case, said she would appeal the decision to federal appeals court.

There was no immediate comment from Abu-Jamal's defense team.

Abu-Jamal was convicted of shooting Philadelphia police officer Daniel Faulkner during the early morning hours of December 9, 1981, after Faulkner had pulled over Abu-Jamal's brother in a downtown traffic stop.

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FindLaw Read the decision overturning Abu-Jamal's death sentence (PDF)



Abu-Jamal was found lying on the ground near Faulkner with a gunshot wound from Faulkner's gun. A .38 caliber gun registered to Abu-Jamal was found next to him with five empty shell casings.

A jury sentenced him to death on July 3, 1982.

Faulkner's widow, Maureen Faulkner, told CNN Tuesday she is "absolutely outraged" that Abu-Jamal could get a new sentencing hearing.

"What about the victims, the survivors that have to go through a court hearing once again?" she said. "Judge Yohn ... is a sick, twisted person to make a decision a week before Christmas. I lost Danny on December 9, which was right before Christmas."

Faulkner, who now lives in Ventura County, California, said she would continue to "fight for justice for Danny."

Abu-Jamal's death sentence triggered protests from capital punishment opponents, many of whom believe he was wrongly convicted.

Yohn granted Abu-Jamal a stay of execution in 1999 after Pennsylvania Gov. Tom Ridge, now President Bush's director of Homeland Security, signed a second death warrant for the prisoner.

Abu-Jamal's legal team filed a habeas corpus petition in October 1999, alleging 29 violations of Abu-Jamal's constitutional rights and asking for a new trial.

The appeal argued prosecutors manipulated witnesses to falsely identify Abu-Jamal as the shooter and accused prosecutors of suppressing and destroying critical evidence.

The appeal also accused the trial judge of bias, claimed blacks were improperly kept off the jury, and labeled Abu-Jamal's original defense lawyers "inadequate."

While in prison, Abu-Jamal, a former radio journalist and Black Panther, wrote the book "Live From Death Row," a critique of the U.S. justice system.

Abu-Jamal did not testify at trial and has refused to talk about what happened with Faulkner. His defense lawyers say witnesses have come forward who saw someone else shoot Faulkner and flee the scene.

Abu-Jamal's lawyers have also argued his constitutional rights were violated at trial because he was denied the right to represent himself and was barred from the courtroom for nearly half of the proceedings.

-- CNN Producer Phil Hirschkorn contributed to this story.

Abu-Jamal's death sentence overturned



Abu-Jamal has always maintained his innocence

A federal judge in Philadelphia has thrown out the death sentence against former journalist and Black Panther Mumia Abu-Jamal.

Judge William Yohn ruled that Abu-Jamal was entitled to a new sentencing hearing for the killing of a Philadelphia police officer in 1981, but he denied him the right to a new trial.



Martin Sheen: One of Abu-Jamal's many Hollywood supporters



Mr Yohn, citing errors in the original penalty phase of the murder trial, ruled that the new hearing should take place within 180 days, or else Abu-Jamal would automatically be sentenced to life imprisonment instead.

Abu-Jamal is America's most famous death-row inmate - his case has been supported by many Hollywood celebrities and European figures who regard him as a political prisoner of a racist justice system.

His opponents however, see him as an unrepentant murderer.

'Running away'

Abu-Jamal was convicted of killing Philadelphia police officer Daniel Faulkner during a shoot-out in the early hours of 9 December 1981, after the officer pulled over Abu-Jamal's brother for driving the wrong way down a one-way street.

Abu-Jamal, who was wounded in the chest, denies killing the officer and maintains that he was shot whilst running away.

With backing from his network of supporters, Abu-Jamal has launched numerous legal appeals to stall his execution.

New evidence

He exhausted the state appeals process two years ago, but a new petition filed in September argued that the defence had new evidence to clear him, including a confession by a man named Arnold Beverly.

In a 1999 affidavit, Mr Beverly claimed he was hired by the mob to kill Faulkner because the officer had interfered with mob payoffs to police.

However, Abu-Jamal's former lawyers said they thought the confession was not credible and Mr Yohn refused to order Mr Beverly to testify on Abu-Jamal's behalf.

He should not be in jail.He must be free. This is not the end but it is something. We need to be in the streets, now more than ever!