 The Third Circuit Court heard oral arguments in the appeals on May 17 , 2007 , at the United States Courthouse in Philadelphia . The appeal panel consisted of Chief Judge Anthony Joseph Scirica , Judge Thomas Ambro , and Judge Robert Cowen . The Commonwealth of Pennsylvania sought to reinstate the sentence of death , on the basis that Yohn 's ruling was flawed , as he should have deferred to the Pennsylvania Supreme Court which had already ruled on the issue of sentencing , and the Batson claim was invalid because Abu @-@ Jamal made no complaints during the original jury selection . Although Abu @-@ Jamal 's jury was racially mixed with 2 blacks and 10 whites at the time of his unanimous conviction , his counsel told the Third Circuit Court that Abu @-@ Jamal did not get a fair trial because the jury was racially biased , misinformed , the judge was a racist , and noted that the prosecution used eleven out of fourteen peremptory challenges to eliminate prospective black jurors . Terri Maurer @-@ Carter , a former Philadelphia court stenographer claimed in a 2001 affidavit nearly 20 years after the trial that she overheard Judge Sabo say " Yeah , and I 'm going to help them fry the nigger " in the course of a conversation with three people present regarding Abu @-@ Jamal 's case . Sabo denied having made any such comment . 
 The Third Circuit Court heard oral arguments in the appeals on May 17 , 2007 , at the United States Courthouse in Philadelphia . The appeal panel consisted of Chief Judge Anthony Joseph Scirica , Judge Thomas Ambro , and Judge Robert Cowen . The Commonwealth of Pennsylvania sought to reinstate the sentence of death , on the basis that Yohn <a href='null_genetive' title='1'><mark>'s</mark></a>ruling was flawed , as he should <a href='been_done' title='2'><mark>have</mark></a> deferred to the Pennsylvania Supreme Court which <a href='been_done' title='3'><mark>had</mark></a> already ruled on the issue of sentencing , and the Batson claim was invalid because Abu @-@ Jamal made no complaints during the original jury selection . Although Abu @-@ Jamal <a href='null_genetive' title='4'><mark>'s</mark></a>jury was racially mixed with 2 blacks and 10 whites at the time of his unanimous conviction , his counsel told the Third Circuit Court that Abu @-@ Jamal did not get a fair trial because the jury was racially biased , misinformed , the judge was a racist , and noted that the prosecution used eleven out of fourteen peremptory challenges to eliminate prospective black jurors . Terri Maurer @-@ Carter , a former Philadelphia court stenographer claimed in a 2001 affidavit nearly 20 years after the trial that she overheard Judge Sabo say " Yeah , and I 'm going to help them fry the nigger " in the course of a conversation with three people present regarding Abu @-@ Jamal <a href='null_genetive' title='5'><mark>'s</mark></a>case . Sabo denied <a href='been_done' title='6'><mark>having</mark></a> made any such comment . 
The Third Circuit Court heard oral arguments in da appeals on May 17 , 2007 , at tdaUnited States Courthouse in Philadelphia . Thdappeal panel consisted of Chief Judge Anthony Joseph Scirica , Judge Thomas Ambro , and Judge Robert Cowen . The Commonwealth of Pennsylvania sought to reinstate the sentence of death , on the basis that Yohn  ruling was flawed , as he should done deferred to the Pennsylvania Supreme Court which done already ruled on thedasue of sentencing , and the dason claim was invalid because Abu @-@ Jamal made no complaints during the odainal jury selection . Although Abu @-@ Jamal  jury was racially mixed witt 2 blacks and 10 whites at the time of his unanimous conviction , his counsel tld the Third Circuit Court dat Abu @-@ Jamal did not get a fair trial cuz the judawas racially biased , misinformed , the juddawas a racist , and noted that the prosdation used eleven out of fourteen peremptory challenges to eliminate prospective black jurors . Terri Maurer @-@ Carter , a former Philadelphia court stenographer claimed in a 2001 affidavit nearly 20 years after the trial that she overheard Judge Sabo say " yea , and I 'm going to help them fry the niggeda in the course of a conversation with three people present regarding Abu @-@ Jamal  case . Sabo denied done made any such comment .