At a hearing to prepare for a robbery trial next month, the attorney for Ali Muhammad Brown raised concerns on Tuesday about ensuring jurors do not have an anti-Muslim bias and are not familiar with the murder case
NEWARK -- As he prepares for a robbery trial next month, the attorney for the man accused of killing Livingston resident Brendan Tevlin raised concerns on Tuesday about ensuring jurors do not have an anti-Muslim bias and are not familiar with the murder case.
Albert Kapin, the attorney representing Ali Muhammad Brown, cited those issues during a discussion about the questions to be asked during jury selection at Brown's trial on charges of robbing a man in West Orange on July 10, 2014.
That robbery occurred about two weeks after Brown allegedly gunned down Tevlin, 19, on June 25, 2014 at a traffic light in West Orange. Brown also is accused of killing three men in Washington State.
During Tuesday's hearing, Kapin also indicated Brown, 30, of Seattle, has not been communicating with him about the robbery case.
"He is not communicating with me about the substance of my representation of him, including the discussion of any facts or defenses or anything to do with the case," Kapin told Superior Court Judge Michael Petrolle.
Kapin said he asked Brown about the clothing he would wear during the trial, but Brown indicated "he would take care of that." Kapin also made arrangements for an expert to interview Brown at the county jail, but Brown refused to meet with the expert, according to Kapin.
The judge told Brown that if he appears in a jail uniform during the trial, jurors may believe he is dangerous.
"That's not a good conclusion for a jury to have...you understand that?" Petrolle said to Brown.
Brown replied, "They shouldn't be judging me if they're going to base their decision on how I dress."
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While Brown is scheduled to go on trial next month on robbery and weapons charges, he also is facing terrorism, murder and related charges in Tevlin's killing.
Brown is accused of killing Tevlin when he and at least three other men attempted to rob Tevlin on June 25, 2014 at a traffic light at Walker Road and Northfield Avenue in West Orange.
While the other men fled the scene, Brown moved Tevlin's body into the passenger seat of Tevlin's Jeep Liberty and drove it to a nearby apartment building, where he abandoned it, authorities said.
Brown has told investigators he killed Tevlin as an act of "vengeance" for innocent lives lost in Iraq, Afghanistan, Syria and Iran.
In the July 10, 2014 incident, Brown allegedly robbed a man in the parking lot of an apartment building at 200 Mount Pleasant Avenue in West Orange, authorities said. Brown approached the victim, robbed him of his wallet and fled the scene, authorities said.
Brown was arrested on July 18, 2014 when police found him living in a makeshift campsite in West Orange.
After the discussion on Tuesday turned to the jury questions, Kapin sought a question about whether jurors could be fair and impartial in light of Brown's Muslim faith. Kapin noted that, during the trial, Brown likely would be wearing a kufi, which is a cap worn by members of the Muslim faith.
"Given the tenor of the times...there are a number of people in our community who have a bias towards someone of the Muslim faith, particularly in association with a crime of violence," Kapin said.
But Petrolle said he didn't approve of the specific reference in the question to the Muslim faith, noting that people of the Muslim faith serve on juries in Essex County all the time.
Instead, the judge permitted a more general question about whether there is "anything" about Brown that would affect jurors' ability to be fair and impartial.
Kapin also raised concerns about making sure jurors are not familiar with Tevlin's killing, since the trial is only supposed to focus on the robbery case.
As part of addressing those concerns, Kapin and Essex County Assistant Jamel Semper, who is handling both cases, ultimately agreed to include language in one question that Brown was arrested in a wooded area.
With that reference, Kapin argued the parties may be able to identify jurors who are aware of the Tevlin case, because Brown's arrest "is really the intersection between the two cases."
Bill Wichert may be reached at bwichert@njadvancemedia.com. Follow him on Twitter @BillWichertNJ. Find NJ.com on Facebook.
