Killer of former Raiders daughter facing retrial

Mohammed Haroon Ali, 35, was serving 64 years to life for killing Tracey Biletnikoff in 1999 and a previous kidnapping when a court ordered a new trial last July based on what it deemed discrimination during jury selection.

 After the U.S. Supreme Court in March declined to take up the prosecution’s appeal, the District Attorney’s Office opted to try him again.

Also back with plans to re-convict Ali is Chief Deputy District Attorney Steve Wagstaffe who prosecuted the original case in 2001 and on Tuesday was elected San Mateo County district attorney. Despite his new position, Wagstaffe said he plans to handle the case personally.

"If I can try it, I want to because of my loyalty to the Biletnikoff family. We have developed a great relationship over the years and they feel trust in me,” Wagstaffe said.

Wagstaffe said he is willing to listen to whatever Ali’s defense may have to say about settling the case but is more than prepared to try it before a jury again.

Ali appeared in court Wednesday morning with defense attorney Chris Morales, who served as one of two attorneys in the first trial. He was simply ordered back Friday, June 18 to identify his representation this second time, Wagstaffe said.

If Morales remains on the case, Wagstaffe is hopeful a trial date can be set at the next court appearance.

Ali remains in custody.

Ali and Biletnikoff met in 1997 at a San Mateo County drug treatment program in which they were both being treated and later worked as counselors. Ali’s time at Project 90 was part of his suspended sentence for kidnapping and beating a former girlfriend but Biletnikoff’s was not tied to the criminal justice system.

On Feb. 15, 1999, Biletnikoff confronted Ali about his drug relapse at the Project 90 office. Ali allegedly strangled Biletnikoff with his hand and a T-shirt, left her body near the Cañada College campus where it was found the following day and headed toward Mexico. He was arrested near the border.

Ali admitted the strangulation but his defense called it a heat of passion crime that deserved a manslaughter rather than murder conviction. In April 2001, after a two-month trial, a jury found him guilty of first-degree murder. That August he was sentenced to 55 years to life in prison for murder and another nine years for the previous kidnapping conviction in which the term was suspended.

The Ninth Circuit Court of Appeals last year overturned the conviction, ruling that Wagstaffe had improperly removed at least one black individual from the jury pool for racial discrimination reasons.

Wagstaffe maintains the ruling was incorrect.

Biletnikoff is the daughter of former Oakland Raider and Hall of Famer Fred Biletnikoff. Following her death, the Biletnikoff family established an all-girls recovery home in his daughter’s name to help other young women with substance abuse problems. Tracey’s Place of Hope has since closed.  

Michelle Durand can be reached by e-mail: michelle@smdailyjournal.com or by phone: (650) 344-5200 ext. 102.