The trial of five Black Muslims accused of participating in a mass murder of seven persons here last year continued yesterday after the presiding judge refused their demand to remove himself because he is Jewish. James I. Burkhardt, a white defense attorney, told Judge Leonard Braman in the District of Columbia Superior Court Monday “the defendants feel they can’t get a fair trial. This they believe is a political trial. Perhaps the religious persuasion of the (Black) Muslims and your own religious persuasion present an irreconcilable difference, and in fairness to the defendants you should remove yourself.”
Judge Braman asked Burkhardt if he meant that he (Braman) was Jewish and the lawyer replied, “yes.” Judge Braman declared the religious reference was “not well taken” and refused the request. None of the 10 defense lawyers, all court appointed, associated themselves with the demand. Two of the 10, Melvin Feldman and Myer, Koonin, are Jewish.
MOTION FOR MISTRIAL PROMPTED BY REMARK
Koonin said the motion for a mistrial was prompted by Braman’s question to prospective jurors during the jury selection whether they were members of the Black Muslim “sect.” The defendants declared the word sect was offensive. Judge Braman replied he was Jewish and indicated that as far as he was concerned the use of “sect” is not disparaging. He pointed out that he is a Conservative Jew and easily could say he is in the Conservative sect of Judaism rather than in the Reform or Orthodox sects. However, he has not used the word sect again. None of the jurors are Jewish.
Burkhardt’s statement came after Judge Braman denied a motion for a mistrial that resulted from an outburst from the witness stand by Hammaas Abdul Khaali, patriarch of the Hanafi Muslim group, against the defendants. He cried out that the defendants were murderers of “my babies and my women.”
The defendants are alleged to have slain seven Hanafi Muslims in a house across the street from the Tifereth Israel Synagogue in an upper middle class Washington residential area. Susan Weinstein, who was working in the synagogue on the day of the killings, testified she saw one of the defendants running down an alley behind the synagogue.
Judge Braman ruled that Hammaas’ remarks were those of “a grief stricken man” who was unable to control himself. Hammaas lost two sons and four grandchildren in the killings. He erupted into violent anger when he thought one of the defendants was smiling at him.
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