Arnold Beverly - Change of Strategy

Change of Strategy

Abu-Jamal's next legal team revived the Beverly affidavit. Claiming it had been hidden from them, on 4 May 2001 they petitioned a federal court to have Arnold Beverly deposed as a witness. However, under US law, a capital case defendant cannot introduce evidence during an appeal which he has known about and rejected more than a year earlier, and on 19 July 2001, Judge William Yohn denied the petition. (In December of that year Judge Yohn overturned Abu-Jamal's death sentence but upheld the conviction for murder.) A further petition to the Pennsylvania Supreme Court to hear from Beverly, based on the claim of ineffective counsel by Weinglass and Williams, was denied on 8 October 2003 by Justices Eakin and Nigro.

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