Fuller’s attorneys ask for another judge

The attorney for Rhett Fuller Eamon Courtenay this morning made an application to Justice George Meerabux that he “recuse” himself from hearing their application of Habeas Corpus. In layman’s terms, Senior Counsel Courtenay and attorney Kirk Anderson are asking that another judge hear their Supreme Court application for Fuller’s right to come before the court to determine if his detention is lawful. 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 man 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. This morning Courtenay told Justice Meerabux they are asking for a new judge to avoid any appearance of bias since he made a ruling in February on an issue they will be presenting in this case. In February Meerabux denied Rhett Fuller bail stating that he left the United States soon after the commission of the crime in an attempt to evade the law. Meerabux further said Fuller had no right to complain about the eight year delay in extradition proceeding by U.S. authorities since he was responsible for it. Courtenay says that Meerabux ruled on the issue in the absence of any evidence about when or why Fuller left the U.S. and that such statements were highly prejudicial. He stressed that the defense is not alleging any actual bias but that Fuller will be at a disadvantage should Meerabux hear this case. Courtenay says in effect Fuller would have to convince the judge to overturn his previous decision. Justice Meerabux says he will review the arguments presented this morning and make a decision in the next few days.