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Home Front: WoT
Al-Arian Defense Demands Mistrial Over Late Evidence
2005-08-10
TAMPA - A month before the Sami Al-Arian trial began, two FBI agents interviewed a former Kuwaiti legislator in Washington. But Isma'il al-Shatti didn't tell the agents what they wanted to hear. Al-Shatti said he never received any packages or letters from Al-Arian, according to an FBI report of the May 5 interview. That includes a February 1995 letter Al-Arian wrote to Al-Shatti in which Al-Arian bragged about a recent double suicide attack and asked for money on behalf of the Palestinian Islamic Jihad. The letter was seized from Al-Arian's home during a search in November 1995 and is an important piece of evidence in Al-Arian's trial on charges he helped organize and finance the Palestinian Islamic Jihad. It was the first direct evidence presented by the prosecution that it says shows Al-Arian tried to raise money for the organization after providing material support to the Islamic Jihad became illegal in January 1995.

Defense attorneys Tuesday morning asked U.S. District Judge James Moody for a mistrial because they had just received the FBI's report on the Al-Shatti interview. According to Al-Arian attorney William Moffitt, the defense attorneys argued that this was a violation of the prosecution's legal obligation to promptly turn over to defendants any material that might help the defense. The argument took place at a sidebar conference out of earshot of spectators in Moody's courtroom. Jurors were not in the room. Moody did not grant the mistrial request, but he is scheduled this morning to consider defense arguments related to the exchange of evidence.

According to the FBI report, Al-Shatti said he knew Al-Arian when Al-Arian was a student and Al-Shatti had come to the United States to earn a master's degree. Al-Shatti said he met with Al-Arian in December 1990 in either Houston, Chicago or Washington. Shown a copy of Al-Arian's letter, al-Shatti said he never received it. He told the agents he did not want to get involved in the case. At the time the letter was written, Al-Shatti said, "it would have been impossible to do this because the Kuwaitis were very angry with the Palestinians," the report states. "After the invasion of Kuwait, al-Shatti was blacklisted by the Palestinians since he supported America."
Yah sure, yewbetcha. Taqiyyah at its finest.
Assistant U.S. Attorney Walter E. Furr III told jurors in his opening statement June 6 that wiretaps in the case show that the letter was hand-delivered to al-Shatti. On Wednesday, prosecutors read transcripts of conversations Al-Arian had with Ahmad Makki, from Sudan, who was in Chicago in February 1995. In the conversations, Al-Arian told Makki he had "messages that we must have you carry." Yet to be read to jurors is a Feb. 23, 1995, conversation Al-Arian had with an unidentified man in Saudi Arabia.
Al-Arian asks, "Did you give the package to Zoumai?"

The man says, "Yes, the uh, I gave it to Zoumai, and I conveyed it to ... al-Shatti and all of them.

"May God bless you," Al-Arian says.
Posted by:Seafarious

#2  Sami better take it hard - I'm counting on it
Posted by: Frank G   2005-08-10 23:44  

#1  Al-Arian Letter To Kuwaiti Offered As Proof Of Guilt
Jurors were read a Feb. 10, 1995, letter Al-Arian wrote to Kuwaiti legislator Isma'il al- Shatti. The letter was seized from Al-Arian's house during a search in November 1995.

It was written 18 days after a double suicide bombing in Beit Lid, Israel, that killed 22 people, including 20 Israeli soldiers. The letter was dated 16 days after President Clinton designated the Islamic Jihad a foreign terrorist organization, making it illegal to provide it material support.

``The latest operation, carried out by the two mujahideen who were martyred for the sake of God, is the best guide and witness to what the believing few can do in the face of Arab and Islamic collapse at the heels of the Zionist enemy and in keeping the flame of faith, steadfastness and defiance glowing,'' the letter states, according to a government translation consented to by the defense.
Posted by: ed   2005-08-10 01:57  

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