TAMPA BAY: Al-Arian seeks to represent himself in court

TAMPA - Sami Al-Arian wants to represent himself in court on charges he supported a terrorist organization, his lawyers said at a federal court hearing Thursday.

If Al-Arian formally makes the request, the judge will decide after a separate hearing whether to allow it.

Al-Arian's lawyers said after the hearing that their client is intelligent enough to clear the hurdles to represent himself, but said they discouraged him from doing so.

U.S. District Judge James Moody said he would be more open to the request if Al-Arian makes it sooner rather than right before trial. If Al-Arian gets his wish, the judge will likely provide what is called "standby counsel" to help him.

"If he represents himself, he needs Dr. Kevorkian, not me," said Frank Louderback, one of his two current court-appointed lawyers, referring to the doctor who has assisted in suicides.

Al-Arian, the former University of South Florida professor, has also indicated he wants to go to trial as soon as possible, his lawyers said. The three other defendants arrested in February - Sameeh Hammoudeh, Hatem Fariz and Ghassan Ballut - waived their speedy trial rights.

The speedy trial deadline elapses 70 days from when the indictment becomes public or the defendant first appears in court. However, the law allows exceptions for extending the deadline.

The judge said he was not inclined to try Al-Arian separately from the other defendants. He raised the possibility of a trial in June, although lawyers on both sides said such an early date was problematic, given the thousands of hours of taped conversations and other evidence they need to review and organize.

Defense lawyers said it could take 18 months to thoroughly investigate the evidence before going to trial. Once started, a trial could take six months to a year.

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 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, 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.

Defense attorneys and their Arabic interpreters may have to get security clearance to listen to some of the classified tapes. Prosecutor Terry Zitek said he is working to have many of the tapes declassified to speed up the exchange of evidence.

If Al-Arian represents himself, it would raise questions about what evidence he would be allowed to see. An accused terrorist wouldn't likely be granted security clearance, so the government could be forced to declassify the evidence.

If they won't show it to him, Al-Arian could argue that it should not be used against him.

Jeff Brown, one of Al-Arian's attorneys, said Al-Arian should avoid the issue altogether by retaining his lawyers.

"I understand he's a professor, but he's a professor in computer science," Brown said. "That's a far cry from having any knowledge about the law."

Al-Arian and Hammoudeh remain in custody without bail at the Coleman Correctional Facility in Sumter County. Fariz and Ballut are out on bail. Al-Arian's wife, Nahla, said her husband's desire to represent himself grew out of the restrictive conditions at Coleman.

The prison severely limits his access to his lawyers and to the telephone, she said.

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

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