Two in Al-Arian case to get bail

The men accused of supporting a terrorist group have a chance to get out on bail before trial.

By GRAHAM BRINK, Times Staff Writer
© St. Petersburg Times
published April 16, 2003

TAMPA -- Federal prosecutors will not appeal last week's bail order in the case involving former University of South Florida professor Sami Al-Arian.

The decision opens the way for defendants Hatem Fariz and Ghassan Ballut to get out of jail on bail while awaiting trial.

The move does not affect Al-Arian and Sameeh Hammoudeh, who were not granted bail.

Federal prosecutors on the case were out of town Thursday when U.S. Magistrate Judge Mark Pizzo released his order Thursday granting bail to Fariz and Ballut, according to a court document filed by the government Tuesday.

The next day, another judge granted a stay of Pizzo's order until prosecutors had a chance to review it and consider their options. Prosecutors filed a statement Tuesday saying they would not appeal.

"The government has now reviewed the order and, based upon that review, the government will not file an appeal of the detention decision regarding any defendant," the response stated.

Federal agents arrested Al-Arian and the three other men in February on charges that include conspiracy to commit racketeering and conspiracy to murder, maim or injure people on foreign soil, including U.S. citizens.

The 121-page indictment does not accuse Al-Arian or the three other defendants of carrying out any terrorist attacks. The allegations focus on their role in supporting, promoting and raising funds for the Palestinian Islamic Jihad, a terrorist group responsible for more than 100 deaths.

During a four-day bail hearing last month, federal prosecutors said agents taped tens of thousands of telephone conversations over several years while surveilling Al-Arian and the other men. None of the tapes have been played in court.

After the hearing, all four men were moved from a jail in Hillsborough County to the Coleman Correctional Complex in Sumter County.

In deciding not to set bail for Al-Arian and Hammoudeh, Pizzo stated that the evidence presented in court against them was "substantial and convincing."

Pizzo wrote that the evidence against Fariz and Ballut was not substantial. Given that, the two men did not appear to be a danger to the community, he wrote. He set bail for Fariz at $1.1-million and for Ballut at $620,000. They also will have to refrain from fundraising, keep a job and stay in Central Florida.

Lawyers and family for the two men have said it could take a couple of days to get the collateral for bail together.

-- Graham Brink can be reached at (813) 226-3365 or brink@sptimes.com .

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