Mumia Conflict Of Interest Concerns Prosecutors

April 6, 2007

The Associated Press

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 Abu-Jamal's 1982 trial.

Abu-Jamal, who was convicted of killing a police officer, in his latest
appeal accuses prosecutors of practicing racial discrimination during jury
selection. Prosecutors deny the allegation.

"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.

In 2001, a federal judge overturned Abu-Jamal's death sentence but upheld
his conviction. Both sides have appealed that ruling to the 3rd Circuit,
whose members include Marjorie O. Rendell.

While prosecutors could simply ask for Judge Rendell to recuse herself, they
took it one step further in their brief, in part because outside judges were
used to hear another recent case that involved accusations against Gov.
Rendell.

"(That case) appears to have recently revealed the court's preference in
dealing with such issues, and indicates that recusal of the entire court may
be the most appropriate course," Burns wrote.

Prosecutors, hoping to resolve the case once and for all, want to leave
Abu-Jamal no grounds for any future appeal.

Abu-Jamal remains on death row in western Pennsylvania. A former radio
reporter, he was convicted of the Dec. 9, 1981, murder of police officer
Daniel Faulkner and sentenced to death.

His writings and taped speeches on the justice system have made him 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
left this week.

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Source : The Associated Press

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