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Judge Rejects Request For Al-Arian Mistrial

Published: Sep 1, 2005

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TAMPA - A federal judge rejected defense requests for a mistrial Wednesday in the terror-support trial of former University of South Florida Professor Sami Al-Arian and three other men.

Defense attorneys made the requests after disclosures Monday that a juror had made comments about the case in front of other jurors. Two jurors questioned separately by U.S. District Judge James Moody said they heard a man who sits behind them make comments aloud in the jury box. One also indicated the man made comments to two other jurors.

On Wednesday, defense attorneys renewed complaints lodged during jury selection that intense, long-standing publicity surrounding the case made it difficult to seat a fair jury in Tampa. The juror in question wrote on an initial screening form that he read The Tampa Tribune daily.

Defense attorneys blame the Tribune's coverage of Al-Arian for tainting the jury pool.

``Can this jury, under the circumstances we now know, be fair to Dr. Al-Arian?'' asked attorney William Moffitt.

Al-Arian is charged with four conspiracy counts, including racketeering, providing material support to terrorists and conspiring to commit murder abroad. Prosecutors say he and defendants Ghassan Ballut, Hatim Fariz and Sameeh Hammoudeh helped finance and organize the Palestinian Islamic Jihad.

Federal prosecutor Terry Zitek said judges enjoy wide discretion in situations involving juror comments and the matter could be fixed with additional jury instructions.

Moody did not rule on defense requests to discharge the juror but said he saw no reason for a mistrial.

``I haven't heard anything about deliberations or discussions about the case,'' he said.

The judge said he would consider asking jurors more questions about any comments that have been made and asked attorneys to provide him suggestions on what to ask.

An FBI agent who specializes in financial crimes began testifying Wednesday afternoon. Michael Wysocki is expected to testify for several days, walking jurors through dozens of bank accounts, wire transfers and financial transactions prosecutors say were part of the conspiracy to support Islamic Jihad.

Reporter Michael Fechter can be reached at (813) 259-7621.



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