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| Al-Arian may avoid new terror trial |
| 2006-01-08 |
| Attorneys for Sami Al-Arian and a co-defendant on Friday revealed they are negotiating with federal prosecutors to avert a new trial after jurors last month deadlocked on some terrorism-related counts while acquitting them of most charges. "We're discussing matters to resolve it," said Assistant Federal Public Defender Kevin Beck, moments after representing defendant Hatem Fariz, 32, in federal court. "There is certainly a benefit to both parties to avoid the costs, the risks of another trial." In court, a prosecutor said the government had not reached a final decision on whether to retry the men. A new trial could take up to two months, and the government would need until August to prepare, said Executive Assistant U.S. Attorney Terry Zitek. Al-Arian, who was fired as a University of South Florida professor after his arrest in February 2003, is accused of running a Palestinian Islamic Jihad terrorist cell and using the university and nonprofits as cover to help foment and finance suicide bombings in Israel and the Palestinian territories. The computer-science instructor, a permanent U.S. resident, remains jailed without bail awaiting the government's next move. Jurors acquitted Al-Arian, 47, on eight charges, including conspiracy to maim or kill civilians abroad, and deadlocked on nine others. Fariz, a Spring Hill office manager and former Chicago-area Muslim community leader, has been free on bail and was acquitted of 25 charges while jurors deadlocked on seven counts. A month ago, after a six-month trial, jurors also cleared two fellow Palestinians, Chicago-area businessman Ghassan Ballut, 43, and former USF graduate student Sameeh Hammoudeh, 45, on all charges. The failure to net a single verdict is considered a setback for prosecutors and the Department of Justice, which billed it as one of its marquee terrorism-finance prosecutions after the Sept. 11, 2001, attacks. The case also exemplified the controversial USA Patriot Act, which allowed prosecutors to introduce intelligence and wiretaps collected by FBI agents on Al-Arian since 1991. Outside the courthouse, dozens of supporters as well as Muslim and Christian activists braved the cold, blustery winds to demand that he be freed. They waved an American flag on a pole and held an 8-foot effigy of a white-draped Lady Justice and chanted, "What do we want? Justice. And when do we want it? Now." Like other Muslim-American leaders who flew in from around the country to speak on Al-Arian's behalf, Nihad Awad said Al-Arian was the victim of a politically charged environment three years ago that resulted in the persecution of Muslims. "Is this about what we did or what we are?" said Awad, executive director of the Council on American Islamic Relations civil rights group in Washington. "Most of these cases are done for political reasons. . . . I think the government is abusing the system." Signs in the crowd included "Liberty and Justice For All," "Free Al-Arian," "All Religions Believe in Justice," and "The Patriot Act is Watching You." Speaking outside the courthouse, Al-Arian's attorney William Moffitt also confirmed discussions with prosecutors on several fronts, but he did not elaborate. "There are things that we can't talk about," Moffitt said when asked about possible negotiations. Earlier, in a status conference hearing before U.S. District Judge James Moody Jr., Moffitt asked for a closed hearing that lasted seven minutes. Talks between government and defense attorneys could mean a possible plea deal or collaboration in exchange for lighter sentences. However, Beck was adamant his client, Fariz, would not testify against Al-Arian or anyone else. Five other indicted co-defendants, including Al-Arian's brother-in-law Mazen Al-Najjar, remain at large overseas. "There will be no cooperation. I can tell you that unabashedly," he said. Government attorneys are not speaking publicly. "We are not going to comment beyond what was said in court," said Steve Cole, a spokesman for the U.S. Attorney's Office. During the brief public portion of the status hearing, prosecutor Zitek told Moody the government still is weighing its options. "We are inclined, at this point, to continue proceedings but we haven't made a final decision," Zitek said. Prosecutors have until Friday to answer motions by defense attorneys seeking acquittal and dismissal of the case. Even if the government declines to retry Al-Arian and he is released on the criminal charges, the U.S. Bureau of Immigration and Customs Enforcement will hold him without bail to face deportation proceedings in immigration court. "We have to be very careful at this moment about how we approach the bond issue," Moffit said. "Because we don't want Dr. Al-Arian whisked away to some immigration facility where we have difficulty in communicating with him." The prospect of continued incarceration is just not acceptable, say his family and supporters. "Respect for human rights, not in some other country . . . but right here in our own community . . . demands that the court release Dr. Al-Arian immediately," said the Rev. Warren Clark, pastor of First United Church of Tampa and a spokesman for the group Tampa Bay Friends of Human Rights. Nahla Al-Arian, the professor's wife, said she remains hopeful and optimistic that prosecutors will not seek another trial. "In the end, I feel comfortable that we are going to win, with or without a trial," she said on the courthouse steps. |
| Posted by:Dan Darling |
| #2 "...said the Rev. Warren Clark, pastor of First United Church of Tampa and a spokesman for the group Tampa Bay Friends of Human Rights." AND THE HUMAN RIGHTS OF THE VICTIMS OF TERRORISM, MR. "REV." ??? BUT THOSE ARE JEWS, AND SO THEY DON'T MATTER, DO THEY ? FRIGGING SUBVERSIVE, NOT "REV."... |
| Posted by: Poitiers-Lepanto 2006-01-08 14:33 |
| #1 Surprise, surprise. |
| Posted by: gromgoru 2006-01-08 06:02 |