Eric Rudolph will be tried on capital charges in the bombing of an Alabama abortion clinic after Judge Lynwood Smith rejected a defense motion that he should be tried under a federal law that does not allow the death penalty.

Rudolph's attorneys had argued that Rudolph should be tried under the 1994 Freedom of Access to Clinic Entrances Act, which carries a maximum penalty of life imprisonment for clinic attacks resulting in death.

But Judge Smith accepted the recommendation of an Alabama magistrate judge who previously ruled that Rudolph was charged under a federal arson law and could face the death penalty if he is convicted of the 1998 bombing, which killed a security guard.

Judge Smith also changed preliminary jury selection for the trial from March 23 until April 6, which could delay the trial until June. Opening statements had originally been scheduled for May.

See Also:
Judge Refuses to Dismiss Capital Case Against Eric Rudolph

Background:
The Eric Rudolph Case