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Al-Arian Co-Defendant Gets Small Win

Published: Nov 3, 2005

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TAMPA - The case against one of Sami Al-Arian's co-defendants could be in jeopardy.

On Wednesday, a federal judge deferred ruling on a defense motion to dismiss the terror-support charges against him.

That means if jurors convict Ghassan Ballut, U.S. District Judge James Moody still could rule in his favor. Moody denied similar motions for directed verdicts from Al-Arian, Hatim Fariz and Sameeh Hammoudeh. The motions are standard requests at the end of a trial based upon defense claims that the prosecution failed to meet even minimal levels of proof.

The men are charged with conspiracy to commit racketeering and murder abroad, and to provide material support to terrorists.

Prosecutors say they were part of a cell formed in the United States to aid the Palestinian Islamic Jihad.

To convict the men, jurors must find that the men agreed to help advance the Islamic Jihad's illegal activities. Closing arguments are scheduled to begin Monday.

During a hearing without jurors present Wednesday, Moody repeatedly asked federal prosecutor Walter E. Furr to show that Ballut was more than a cell member. Furr appeared flummoxed, and began by pointing out that, in motions for a directed verdict, the evidence should be viewed in a light most favorable to the government.

Then he offered general summaries that Ballut managed the group's affairs in the Chicago area.

"I've tried to focus you on the step beyond being a part of it," Moody said, "that he agreed to further the illegal aims of the conspiracy."

Ballut's attorney, Bruce Howie, did not call witnesses in his defense. He argued there was no evidence his client sent money to anything connected to Islamic Jihad or engaged in fundraising for the group after a rally captured on videotape in 1991.

Later, Furr called Ballut "a classic middle manager."

The Chicago Islamic Center, which Ballut helped establish and run, was an Islamic Jihad mosque, Furr said. Its first three imams, or preachers, were part of the terrorist group, including current leader Ramadan Shallah.

Al-Arian helped Ballut open the mosque, Furr said, so the Islamic Jihad could spread its message in North America.

"A mere member would not be put in charge of the PIJ mosque in Chicago," Furr said, and "would not receive $87,000 from the PIJ account."

The arguments offered insights into what the lawyers will tell jurors Monday. At one point, Moody tried to cut off federal prosecutor Terry Zitek, saying he didn't need the government's entire closing argument.

"I do," joked defense attorney Stephen Bernstein, who represents Hammoudeh.



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