New Kensington cop killer's appeal contends his name, police presence at trial swayed jury

The man sentenced to death this month for murdering New Kensington police Officer Brian Shaw on Tuesday contended Westmoreland County jurors reached a faulty verdict because of his “Muslim-sounding name” and because they were intimidated by a heavy law enforcement turnout during trial.

Defense attorneys Tim Dawson and James Robinson said the all-white jury that convicted Rahmael Sal Holt, who is black, of first-degree murder and condemned him to die by lethal injection, was influenced by passion, prejudice and other arbitrary factors during the two-week trial in December.

“The courtroom was filled to capacity daily, with a significant number of white police officers attending every minute of every trial proceeding (in support of Officer Shaw), in full view of the jury. This passionate display of police presence unquestionably had a significant impact on the jury,” the lawyers wrote in Holt’s appeal.

Holt, 31, of Harrison was convicted of the Nov. 17, 2017, fatal shooting of Shaw following a traffic stop in New Kensington. Witnesses said Shaw chased Holt on foot after he ran from the vehicle, where he had been a passenger. Holt fired at Shaw as he turned into an alley.

Prosecutors said Holt was a drug dealer who fled because he feared he would be arrested for illegally possessing a gun — a charge that could have resulted in a lengthy prison sentence.

Jurors saw surveillance video of the chase and the aftermath of the shooting. Additional witnesses testified Holt fled and had friends and family members lie about his whereabouts to help him avoid capture for four days.

Holt did not testify. His lawyers argued there was not enough evidence to prove he fired the shots that killed Shaw.

In his appeal, Holt’s defense team questioned the veracity of evidence against him at trial. They said Holt could not be identified in video and that testimony from a key witness against him was tainted because of a potential deal with prosecutors while other witnesses were coerced into testifying against Holt.

“The evidence was sufficient to prove only that the shooter shot recklessly at Officer Brian Shaw as he was running away during a police pursuit following an attempted traffic stop,” the appeal states. “Crime scene evidence confirmed this fact. The victim was not shot in the head or heart or a vital part of the victim’s body.”

The defense also challenged the verdict claiming Common Pleas Judge Rita Hathaway, who presided over the trial, made improper rulings that allowed jurors to hear questionable pieces of evidence, refused an effort to question potential jurors about their feelings on Holt’s alleged attempt to avoid capture and her decision that required the defense to share with prosecutors a report compiled about mitigating evidence.

Holt’s attorneys also said the sentence should be overturned because it violates the state’s constitution by being cruel and unusual punishment.