[Ppnews] Prosecutors want entire appeals court to recuse itself from Abu-Jamal case

[Political Prisoner News]

Philadelphia prosecutors want entire appeals 
court to recuse itself from Abu-Jamal case

By Maryclaire Dale
ASSOCIATED PRESS

10:59 a.m. April 6, 2007

PHILADELPHIA – 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.

Find this article at:
http://www.signonsandiego.com/news/nation/20070406-1059-mumiaabu-jamal.html



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