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Defense Asks For Mistrial In Al-Arian Case

Published: Nov 29, 2005

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TAMPA - -- A seventh day of jury deliberations in Sami Al-Arian's terror-support trial ended quietly Monday.

While the panel of six men and six women wade through the 51-count indictment, an attorney for one of Al-Arian's co-defendants has asked for a mistrial. Stephen Bernstein, who represents Sameeh Hammoudeh, filed a motion Wednesday saying "nothing short of a mistrial" can repair harm done when jurors saw results of an online poll Nov. 17 in The Tampa Tribune.

The poll appeared as a small box on the newspaper's editorial page under the headline "Court of Public Opinion." In it, 87 percent of 1,225 people who responded predicted jurors will convict Al-Arian. The nonscientific poll was taken on TBO.com, the Tribune's online news partner.

Jurors saw the poll and told U.S. District Judge James Moody. Newspapers are available to them, but the court has cut out articles related to the case and other articles identified by defense attorneys.

"The jurors' exposure to this poll, along with all the other publicity to which jurors were exposed [whether before or during the trial] has cumulatively prejudiced the Defendants' right to a fair trial," the motion states.

Attorneys for Al-Arian and Hatim Fariz filed papers Monday adopting Bernstein's motion. The men, along with Ghassan Ballut, are accused of running a North American cell for the Palestinian Islamic Jihad. The indictment includes four conspiracy counts, including racketeering and conspiring to commit murder abroad.

Defense attorneys sought a venue change in the spring, citing their own polling, which indicates high name recognition for Al-Arian and bias against him shown by nearly 40 percent of respondents.

They singled out stories in the Tribune since 1995 they say tainted the community's view of the former University of South Florida professor and created a community pressure to convict him.

Bernstein said the online poll is the latest in a series of incidents that create prejudice against the defendants. "It's really another reason why a change of venue should have been granted," Bernstein said Monday.



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