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U.S. Supreme Court Stays Execution Of American-Muslim

Judge Walter Kurtz, the original trial judge, questions a defense attorney 

NASHVILLE, Tennessee (IslamOnline & News Agencies) - The U.S. Supreme Court decided on Monday to stay the execution of an American Muslim man convicted of murder due to concerns over whether prosecutors in the case did not turn over evidence, made misleading statements and improperly prepared witnesses, news agencies reported.

The Court is set to meet Friday in a private conference to decide whether or not to allow Abu-Ali Abdur' Rahman, 51, to present his appeal. He was convicted in 1987 for stabbing to death Patrick Daniels - a drug dealer - in Nashville in 1986. Abdur’Rahman was set to die by lethal injection on Wednesday.

Abdur’Rahman’s execution would have been the second execution in 42 years, according to The Tennessean.

Abdur'Rahman requested the opportunity to present his claims to a federal judge in Nashville, hoping to prove allegations of misconduct by prosecutors, which he says led to his death sentence, news agencies went on to report.

Prosecutors have denied the allegations, asserting they acted properly and in accordance with legal procedures.

The 6th U.S. Circuit Court of Appeals in February ruled against a hearing, saying a federal law that limits death penalty appeals precludes a review of the allegation. Defense lawyers argue their claims should be reviewed under a different federal rule, news agencies reported.

A decision from the Supreme Court justices is expected next week, said Abdur' Rahman's attorney, Brad MacLean, news agencies reported.

"We're very grateful that the U.S. Supreme Court wants to look at our case," MacLean went on to say, according to The Tennessean. "Finally, we may be getting the kind of relief we have been asking for."

But if the Supreme Court decides not to allow a judge to hear Abdur’Rahman’s appeal, the stay of execution will be lifted and the state of Tennessee will set a new execution date.

Tennessee State Attorney General Paul Summers had no comment Monday. "We'll just wait and see what the courts decide," said his spokeswoman, Sharon Curtis-Flair, news agencies reported.

"This is just part of the process," Davidson County District Attorney General Torry Johnson said, The Tennessean reported.

Last October, Abdur’ Rahman also appealed to the court to hear his claims but was turned down. His lawyers had asked the court to consider whether better legal help could have persuaded a jury to sentence him to life in prison for stabbing Patrick Daniels, news agencies reported. 

Abdur'Rahman claimed his old attorneys never presented evidence of his mental illnesses and claims that he was abused as a child.

In one allegation, the defense says, the prosecutor told the trial judge he had no information Abdur'Rahman might be mentally ill, when his own files showed the opposite - including notes that insanity might be a mitigating factor, the paper reported

But prosecutors defended that their files showed evidence of personality disorder, not mental illness, and related notes reflect preliminary strategy issues, not conclusions, The Tennessean reported.

Abdur'Rahman was on parole for killing an inmate at a federal prison in Virginia when he killed Daniels. He said he was trying to cleanse the Nashville community of drug dealers who sold to children, news agencies reported.

Since his sentencing, eight of the original 12 jurors have signed affidavits saying that hearing about Abdur'Rahman's mental history and childhood at trial probably would have made a difference at sentencing.

Before yesterday's U.S. Supreme Court order, Davidson County Circuit Judge Walter Kurtz held a two-hour hearing to consider whether he should stay the execution in order to consider new defense claims, the paper reported.

Among other things, the defense wants Kurtz to consider challenges to the state's lethal injection process and to re-evaluate the defense trial lawyers' work.

After the U.S. Supreme Court stay, Kurtz delayed a ruling. 

 

 

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