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Home Front
U.S. Seeks Death Penalty for Pakistani Hijacking Suspect
2003-09-13
WASHINGTON (AP) - The U.S. government is trying to execute a hijacker for the first time, seeking the death penalty for the leader of a group of Palestinian terrorists who took over a Pan Am jet in Pakistan in 1986 and killed 22 people. Zayd Hassan Abd Al-Latif Masud Al Safarini won the first round in the legal battle, convincing U.S. District Judge Emmet Sullivan that the death penalty does not apply in his case. Prosecutors have asked Sullivan to reconsider. A hearing is expected this fall.

New York City attorney Gerald Lefcourt, former president of the National Association of Criminal Defense Lawyers, said the case is an example of Attorney General John Ashcroft aggressively seeking the maximum penalty for a crime rather than a desire to send a message to would-be hijackers in the wake of the Sept. 11 attacks. "Ashcroft has established a policy of seeking the death penalty," Lefcourt said. "It’s about his view of the death penalty and not 9-11. It’s about his belief that the death penalty should be used in just about every circumstance it can be used."
And this is a problem because ...
Justice Department spokesman Mark Corallo agreed, but added that would-be hijackers should take note, too. "Whenever the government seeks the death penalty in a federal case it is meant to send a message to not just those who would commit these types of barbaric crimes but to the public that justice is applied equally from coast to coast," said Corallo, who knows of no other time the government has sought the death penalty for a hijacker.
Someone has to be first. Congrats to Safarini!
Court papers say Safarini led a group of four men, all members of the Abu Nidal Palestinian terrorist organization, who boarded Pan Am Flight 73 on Sept. 5, 1986, while the Boeing 747 jet was parked at Karachi Airport in Pakistan. The men said they wanted to be flown out of Pakistan and demanded that prisoners in Cyprus and Israel be released. After a 15-hour standoff, the hijackers gathered the passengers and crew in one area of the plane and began shooting and throwing hand grenades. In all, 22 people were killed and more than 100 wounded before the men were apprehended.
Okay, I’ve heard enough to think he deserves the DP.
The four hijackers, and a fifth mastermind, were convicted in Pakistan and given death sentences that were commuted to life imprisonment. Four of the terrorists remain behind bars, but Safarini’s sentence was reduced by a series of amnesties and he was released Sept. 27, 2001. U.S. law enforcement agents apprehended him the next day as he traveled to Jordan to join relatives.
Paks tossed him and tipped us, eh?
With Safarini behind bars, defense lawyers in October 2002 offered a guilty plea in exchange for a life sentence, court filings show. Prosecutors rejected the offer.
That was their first clue that they were in deep doo-doo.
In court filings, defense lawyer Robert Tucker said the death penalty could not be applied in this case. The Supreme Court reinstated the death penalty in 1976 but it took Congress 12 years to write a new death penalty law, making some drug-related crimes capital offenses. Dozens of other crimes, including air piracy, were added in 1994.

Tucker said the 1994 law can’t be retroactively applied to a 1986 hijacking. Sullivan agreed, ruling April 10 that the government could not seek the death penalty. Prosecutors asked Sullivan to reconsider, saying a 1974 air piracy law should apply. "It certainly makes no sense to conclude that Congress, in greatly expanding the reach of the death penalty ... silently intended to eliminate all procedures for carrying out a death sentence for all air piracy offenses committed before 1994," Assistant U.S. Attorney Gregg Maisel wrote.
Govt’s case actually sounds pretty weak; the 1976 ruling wiped the DP slate clean. Safarini will die in Marion.
Posted by:Steve White

#6  entenence his ass to life in a Texas Prision Farm,mucking out pig pens. Course we will have to listen to the ACLU bleating like sheep about violating his religious rights.But who cares.
Hmmmm, you may be on to something here. If the ACLU DOES complain, then they're not really unhappy with the mixing of religion and government - just Christianity and government - and they're proven to be both bigots and frauds. Then we can sentence the ACLU scumlawvermin to work beside him for aiding and abetting the establishment of a state-sponsored religion. Wonder how long it will take those "brilliant" scholars to figure out what they're doing 'wrong'.
Posted by: Old Patriot   2003-9-13 5:15:26 PM  

#5  Release him into a skyscraper that is rigged for demolition. Allow a relative of one of gernade boy's victims to operate the plunger.
Posted by: Super Hose   2003-9-13 9:34:35 AM  

#4  Sentenence his ass to life in a Texas Prision Farm,mucking out pig pens.
Course we will have to listen to the ACLU bleating like sheep about violating his religious rights.But who cares.
Posted by: raptor   2003-9-13 7:27:53 AM  

#3  Islamsists tend to interpret conciliatory moves or clemency as signs of weakness. They have lots of haddiths telling this.
Posted by: JFM   2003-9-13 5:51:27 AM  

#2  New York City attorney Gerald Lefcourt, former president of the National Association of Criminal Defense Lawyers, said the case is an example of Attorney General John Ashcroft aggressively seeking the maximum penalty for a crime rather than a desire to send a message to would-be hijackers in the wake of the Sept. 11 attacks.

Just WHAT kind of message does seeking the death penalty send in this idiot's world?
Posted by: Bomb-a-rama   2003-9-13 2:06:42 AM  

#1  Just send him to Rikers. I'm sure someone there will be more than happy to slit Safarin's throat.
Posted by: Charles   2003-9-13 1:35:54 AM  

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