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Philadelphia Asks Entire 3rd Circuit Court to Recuse Itself From Abu-Jamal Case
Prosecutors want the entire 3rd U.S. Circuit Court of Appeals to recuse itself from the latest appeal for death-row inmate Mumia Abu-Jamal because Gov. Ed Rendell - whose wife serves on the court - was district attorney during his trial.Abu-Jamal, a former radio reporter and Black Panther, was convicted in 1982 of killing a police officer. In his latest appeal, his attorneys say prosecutors practiced racial discrimination during jury selection; an allegation prosecutors deny. "Since Mr. Rendell was the elected district attorney at the time in question, and so would have been responsible for the supposed 'routine' racially discriminatory practices of Philadelphia prosecutors, Abu-Jamal's accusations necessarily implicate Mr. Rendell personally," Assistant District Attorney Hugh J. Burns Jr. wrote in a motion last week. A federal judge in 2001 overturned Abu-Jamal's death sentence but upheld his conviction. Both sides appealed that ruling to the 3rd Circuit, whose members include the governor's wife, Marjorie O. Rendell. Prosecutors could simply ask for Judge Rendell to recuse herself but they want to avoid any possible grounds for a future appeal. Abu-Jamal was convicted in the Dec. 9, 1981, shooting death officer Daniel Faulkner after the officer pulled over Abu-Jamal's brother. He remains on death row during the appeals. His writings and taped speeches on the justice system have made Abu-Jamal a popular figure among activists who believe he was the victim of a racist justice system. Abu-Jamal is black; Faulkner was white. Abu-Jamal's lawyer, Robert R. Bryan of San Francisco, opposes Byrne's motion, according to court records. He did not return telephone messages seeking comment. Posted by: Anonymoose 2007-04-09 |
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