LITTLE ROCK — The man accused of fatally shooting a soldier and wounding another outside a west Little Rock recruiting facility is still scheduled to go to trial in June despite unsettled issues regarding state funding for his defense.
Abulhakim Mujahid Muhammad appeared in court this morning in what was expected to be his final hearing before a June 7 trial. Pulaski County Circuit Judge Herb Wright did not delay it, even though the state Supreme Court has yet to hear arguments on whether the state should cover certain defense costs.
Muhammad is facing the death penalty in the June 1, 2009 shooting that killed Pvt. William Long, 23 and injured Pvt. Quinton Ezeagwula, 18.
Defense attorney Claiborne Ferguson is seeking state money to cover hiring investigators and mitigation specialists for the defense despite a requirement by the Public Defender Commission that eligible defendants be represented by state-appointed attorneys. Ferguson was hired by Muhammad's parents.
The state Supreme Court will hear oral arguments, though no date has been set.
If Muhammad were found guilty and the Supreme Court later ruled the state should have covered the costs, Ferguson said that would open the door for a new trial or a reversal.
"I can't imagine on appeal they'd say the conviction was valid," he told reporters, adding he will not ask for a delay but is surprised one hasn't been granted. "I don't have all the resources I'd like, but I'm making do with what I've got."
Ferguson told Wright during the hearing he will pursue a general defense, "which means we are basically submitting that the state will not be able to prove the elements of the crime," he said afterward.
Muhammad didn't speak in court and was the only one of five prisoners in the room who didn't stand when Wright entered. Afterward, as he was being escorted by an officer from the courtroom, Muhammad said "Death to Obama, peace to Osama" when asked for comment.
Muhammad, a Muslim convert, has admitted to the shootings, claiming in letters and interviews since his arrest that it was retaliation for U.S. policies in the Middle East.
Ferguson acknowledged that those statements make his job harder.
"It does make it difficult to try a case when your client is telling everybody he's guilty," Ferguson said.