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Apr 20, 1999

Another judge to hear Fuller’s case

Justice George Meerabux has agreed to allow another Justice to hear Rhett Fuller’s application to the Supreme Court. Justice Meerabux conveyed his decision to “recuse” himself from the case today to defense attorney Senior Counsel Eamon Courtenay but said he will give his reasons in writing at a later date. Another Justice has not yet been selected. Courtenay made the request on behalf of his client last week because Meerabux made a ruling on certain aspects of the case during a bail hearing in February. Courtenay’s argument was that there could be the appearance of bias on Meerabux’s part if he were to hear Fuller’s Supreme Court application. In February Meerabux said that the United States delay of over eight years in seeking Fuller’s extradition to stand trial for murder was Fuller’s own fault since he fled the country to evade the law. Courtenay maintained that these statements were made in the absence of any evidence and were extremely prejudicial. Fuller has filed a writ of habeas corpus or the right to appear before the court to determine if his detention is lawful. This follows Magistrate Herbert Lord ruled on February 26th that there was sufficient evidence for his extradition. Fuller was taken into custody in October after the United States requested his extradition to stand trial for the murder of a Florida resident in 1990. While the evidence being presented by the U.S. government does not implicate Fuller as the one who did the actual shooting, according to Florida law anyone who participates in a violent crime which results in a death, in this case an attempted robbery, can be charged with first degree murder.


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