Fuller’s Supreme Court case set for late May

Supreme Court Judge John Rivero will preside in the Rhett Fuller extradition hearing in the Supreme Court later this month. In mid-April Justice George Meerabux agreed not to hear the case, at the request of the defense. They argued that there would be the appearance of bias since he had ruled on the issue of delay at an October bail hearing. Fuller is being defended by Senior Counsel Eamon Courtenay and Attorney Kirk Anderson. Today Anderson told News Five that they are “comfortable” with the assignment of Justice Rivero to the case. On Wednesday Rivero granted an application to apply for a writ of habeas corpus, or the right for Fuller to come before the court to determine if his detention is lawful. At this point arguments will be circulated to both the defense and prosecution before the actual hearing which is set for May 25 to 27. The issue of why there was a nine-year delay between the time the crime was committed and the extradition request is expected to form the basis for the defense arguments. The application to the Supreme Court follows Chief Magistrate Herbert Lord’s January ruling that there was sufficient evidence to extradite Fuller. He was taken into custody in October after the United States requested his extradition to stand trial for a 1989 murder in Dade County, Florida. The evidence being presented by the U.S. does not indicate that Fuller did the actual shooting, but since the death occurred during an armed robbery attempt, Florida law provides that even accomplices can be charged with murder in the first degree. Two other men are already serving time for the incident.