Death
Row's King:
Philadelphia's
Judge Albert Sabo
Philadelphia's Court of Common Pleas Judge Albert Sabo has been called "a defendant's nightmare," "a prosecutor in robes," and "his own jurisdiction" by defense attorneys and prosecutors alike. But even more damning than his reputation amidst litigators is his record: Sabo has sentenced twice as many people to death (32 total) than any other judge in the country---all but two of these defendants being people of color.
Sabo has heard fewer homicide cases than many of his colleagues but still has ended up with far more death sentences.* In a city where the district attorney (D.A.) seeks the death penalty in over 85% of all homicide cases, Sabo served an important purpose: he efficiently dispensed of the grisliest and most controversial cases which would have backed up the dockets of more evenhanded judges.
This may explain how Sabo came to be assigned to the highly publicized case of African American journalist Mumia Abu-Jamal. Convicted in 1982 and sentenced to death for the murder of a Philadelphia police officer, Mumia's case exemplifies Sabo's style of justice.
1983 Philadelphia Bar survey found that over one third of the responding attorneys considered Sabo unqualified to be a judge. Revealing his anti-defense bias, Sabo responded to the survey that if he were a defense attorney, "I wouldn't vote for me either."
Sabo has earned a reputation for using contempt to bully defense witnesses and attorneys. In Mumia's case, Sabo held defense attorney Anthony Jackson in contempt and tried to impose a six-month sentence because he dared to follow Mumia's instructions after the Court had stripped Mumia of his right to self-representation. Sabo's action served to erode the relationship between Mumia and Jackson. When Mumia repeatedly protested the court's insistence that an ill-prepared Jackson continue, Sabo banished Mumia from the proceeding with a crude, "Take a hike." "Your honor," Mumia replied, "you're behaving in a way to get me...convicted."
One of Sabo's colleagues has called his courtroom "a vacation for prosecutors." A 1992 Philadelphia Inquirer review of 35 of Sabo's trials found that "through his comments, his rulings and his instructions to the jury, [Sabo] has favored prosecutors."
The state's case against Mumia rested heavily on the testimony of eyewitnesses, many of whom changed their stories under police pressure. Sabo's rulings significantly aided the prosecution's case. For instance, he did not allow the defense to cross-examine prosecution witness Robert Chobert about inconsistencies in his account even though the first statement he gave to police effectively exonerated Mumia. Nor did the jury ever learn that Chobert was still on probation for a felony conviction. Meanwhile, Sabo struck from the record testimony from defense witness Veronica Jones that the police had offered favors in exchange for fabricated testimony.
Philadelphia spends very little to ensure proper representation to poor defendants in capital cases. Los Angeles can allocate up to $60,000 per case and Columbus (OH) up to $40,000. A 1992 investigation found that Philadelphia averages about $6,500 per case. Sabo is known for being particularly stingy. He allotted Mumia a mere $150 to investigate his case from prison, not nearly enough to follow up on over 125 witness statements.
Sabo failed to instruct the jury about how character witnesses could mitigate a death sentence. But he allowed the prosecution to attack the integrity of character witness Sonia Sanchez by cross examining her about her political associations. During the sentencing phase of the trial, the judge allowed the state to use Mumia's teenage membership in the Black Panther Party to argue for the death penalty. Adding to the lynch mob mentality, the prosecutor told the jury that the people of Philadelphia "demand" a conviction in this highly publicized case. Sabo's association with the police alone should require him to remove himself from Mumia Abu-Jamal's case. For 16 years, he served as the Under Sheriff of Philadelphia County. He is a lifelong member of the Philadelphia Fraternal Order of Police---a group actively lobbying for Mumia's execution.
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