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New Indictment Could Delay Al-Arian's Trial

Published: Oct 6, 2004

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TAMPA - A superseding indictment accusing former University of South Florida Professor Sami Al-Arian and others of additional charges of conspiring to help terrorists could delay their Jan. 5 trial date, attorneys in the case said Tuesday.

Defense attorneys did not ask for a delay but said the indictment, handed up two weeks ago, forces them to change their strategy. The indictment replaces one handed up in February 2003.

``I have some serious concerns,'' said Al-Arian attorney William Moffitt. ``The money we spent dealing with areas of the [other] indictment are now worthless.''

Stephen Bernstein, who represents co-defendant Sameeh Hammoudeh, called January's trial date unrealistic.

``It's an enormous task to say we can readjust between now and Jan. 5,'' Bernstein said.

Al-Arian and Hammoudeh pleaded not guilty to all charges Tuesday at an arraignment in federal court. Co-defendants Ghassan Ballut and Hatem Fariz entered written pleas of not guilty.

There are five other co-defendants in the case: Bashir Nafi, Mohammed Al-Khattib, Palestinian Islamic Jihad Secretary General Ramadan Abdullah Shallah, Jihad spiritual founder Abd Al Aziz Awda and Al-Arian's brother-in-law, Mazen Al-Najjar. All live abroad and have not been arrested.

It took federal prosecutors five years to deport Al-Najjar, a former USF adjunct professor. Officials said he previously was an unindicted co-conspirator.

``Why [indict] Mazen at this point?'' Moffitt said. ``This is a guy they threw out of the country. We have to figure out a way to defend ourselves against allegations involving him.''

A status hearing on the case is scheduled for Oct. 15.

The 158-page indictment accuses the men of conspiring to help and provide resources to Palestinian Islamic Jihad. The charges include money laundering, racketeering, perjury, obstruction of justice and travel-act violations.

Assistant U.S. Attorney Terry Zitek told U.S. Magistrate Judge Thomas B. McCoun III that the discovery evidence, which must be turned over to the defense, includes financial transactions, recordings of 20,000 hours of conversation in Arabic and a ``small box of documents'' from Israeli officials that prosecutors do not yet have.

The new indictment appears to correct mistakes in the previous indictment that Bernstein pointed out months ago, Moffitt said.

``Every time we pointed out something that was wrong, they've used it to improve their situation,'' Moffitt said.

Moffitt also criticized the use of his client in political advertisements. U.S. Rep. Peter Deutsch, Mel Martinez and former USF President Betty Castor all have raised Al-Arian's alleged terrorism ties as a U.S. Senate campaign issue.

Such tactics could influence potential jurors, Moffitt said.

``It's an absolute disgrace,'' he said.

Reporter Valerie Kalfrin can be reached at (813) 259-7800.



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