The complete article:
SAN FRANCISCO — A federal appeals court on Tuesday reversed the 2001 murder conviction of a man serving a life prison term for killing the daughter of former Oakland Raiders Hall of Famer Fred Biletnikoff.
In a 43-page ruling, the 9th U.S. Circuit Court of Appeals found that San Mateo County prosecutors improperly excluded two African-American jurors for racially motivated reasons, tainting the trial of Mohammed Ali. Ali was convicted of first-degree murder in the February 1999 slaying of his girlfriend, Tracey Biletnikoff, in the office of a San Mateo drug treatment center.
Ali always admitted killing Biletnikoff at the treatment center, where the couple was attending meetings, confessing the crime to police after first fleeing to Mexico. But the question for jurors was whether Ali was guilty of premeditated first-degree murder or manslaughter, based on his defense that the killing was provoked by an argument over Ali’s relapse into drug use.
The 9th Circuit concluded that Chief Assistant District Attorney Stephen Wagstaffe, who prosecuted the case, struck two African-American jurors from the jury pool, using other explanations as “pretexts for racial discrimination.” The U.S. Supreme Court has found that prosecutors cannot exclude jurors based on race, or run the risk of violating a defendant’s constitutional rights.
San Mateo County District Attorney Jim Fox expressed dismay at the ruling, noting that the lower courts had all rejected the same jury bias argument. “We are terribly disappointed because frankly it’s revictimizing the family,” Fox said. “I can assure you we will do what we can to make sure Mr. Ali is not released from custody.”
The state attorney general’s office can ask the 9th Circuit to reconsider the case with an 11-judge panel or San Mateo County prosecutors can retry Ali.
A San Mateo County judge sentenced Ali to 55 years-to-life in prison.
Since their daughter’s death, Fred and Angela Biletnikoff of Danville formed the Biletnikoff Foundation, a nonprofit organization dedicated to the support of young women recovering from substance abuse, and education for the prevention of domestic violence.
Contact Howard Mintz at hmintz@mercurynews.com or (408)-286-0236
Thanks for posting the whole article.