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<font size=3>Philadelphia prosecutors want entire appeals court to recuse
itself from Abu-Jamal case<br><br>
By Maryclaire Dale<br>
ASSOCIATED PRESS <br><br>
10:59 a.m. April 6, 2007 <br><br>
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. <br><br>
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.<br><br>
“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.<br><br>
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.<br><br>
Prosecutors could simply ask for Judge Rendell to recuse herself but they
want to avoid any possible grounds for a future appeal.<br><br>
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.<br><br>
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.<br><br>
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.<br><br>
Find this article at: <br>
<a href="http://www.signonsandiego.com/news/nation/20070406-1059-mumiaabu-jamal.html" eudora="autourl">
http://www.signonsandiego.com/news/nation/20070406-1059-mumiaabu-jamal.html</a>
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