[Marxism] Mumia: Prosecutors want entire 3rd Circuit Court of Appeals to recuse itself from appeal

["Mike Friedman" <mikedf@xxxxxxxx>]

I know there's gotta be more to this... Is it that they think the Appeals
Court will rule favorably for Mumia?

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City asks court to quit Abu-Jamal case

By MARYCLAIRE DALE, Associated Press Writer1 hour, 52 minutes ago

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.


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