Judge won't dismiss capital case against Rudolph
Clinic bombing judge refuses to dismiss capital case against Eric Rudolph
By Jay Reeves / Associated Press Writer
A federal judge Thursday refused to throw out the death penalty case against Eric Rudolph, rejecting defense claims that the serial bombing suspect should be tried under a law that doesn't allow capital punishment.
In a brief order, U.S. District Judge Lynwood Smith accepted the recommendation of a magistrate judge who ruled Rudolph could face death if convicted in the deadly bombing of a Birmingham abortion clinic in 1998.
The defense claimed Rudolph should be tried under the 1994 Freedom of Access to Clinic Entrances Act, which carries a maximum penalty of life imprisonment for abortion clinic attacks resulting in death.
But Smith's ruling means Rudolph can be tried under a federal arson law that allows capital punishment for attacks involving explosives.
Rudolph's lawyers did not immediately respond to a message seeking comment.
U.S. Attorney Alice Martin said prosecutors charged Rudolph under the arson law specifically so they could seek the death penalty.
"We're pleased with the ruling. It's what we expected," she said.
In a separate order, the judge delayed preliminary jury selection in Rudolph's trial from March 23 until April 6. While opening arguments had been set for late May, the delay could result in the start of Rudolph's trial being pushed back until June.
Martin said the delay was "as much a scheduling issue as anything" since court officials plan to hold Rudolph's trial in the same courtroom where former HealthSouth Corp. chief executive Richard Scrushy is currently on trial.
The Scrushy case could last through late May, based on the schedule laid out by U.S. District Judge Karon O. Bowdre.
Jailed without bond since his arrest in 2003 after more than five years as a fugitive, Rudolph has pleaded not guilty in the clinic bombing, which killed a police officer and seriously injured a nurse.
Rudolph also is charged with setting a bomb that exploded at the 1996 Olympics in Atlanta, killing a woman and injuring dozens, and with other bombings in Atlanta in 1997.
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Posted by Editor at March 3, 2005 06:52 AM
