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Al-Arian lawyers search for bias

So far, about 70 people have been okayed for jury duty.

By BILL VARIAN
Published May 18, 2005

TAMPA - One after another, prospective jurors in the trial of the former University of South Florida professor accused of abetting terrorists said they have heard about the case and formed opinions about it.

Most, however, have said they can set those feelings aside in judging the guilt or innocence of Sami Al-Arian and three co-defendants, undermining a defense claim that the trial should be moved because of widespread local bias.

After two days of questioning, U.S. District Judge James Moody has listened to more than 100 Tampa Bay area residents voice their understanding and occasional trepidation about the case. By day's end Tuesday, he had okayed roughly 70 of them for jury duty.

The judge is seeking to seat a jury of 12 members, with seven alternates to replace anyone on the panel who leaves before trial ends. Opening statements are set to begin June 6 if it is not moved from Tampa, and is expected to last at least six months.

Defense attorneys can ask to eliminate as many as 15 people from the final pool without having to justify the request. Similarly, prosecutors can ask that as many as nine be removed, according to the judge's office.

The judge and attorneys will query nearly 40 more prospective jurors today in the third and expected final day of questioning at the federal courthouse in downtown Tampa. Moody has reserved ruling on whether to move the trial until the jury pool is questioned.

Al-Arian, Sameeh Hammoudeh, Hatem Naji Fariz and Ghassan Zayed Ballut face a 53-count indictment that accuses them of racketeering, conspiracy and providing material support to the terrorist group Palestinian Islamic Jihad. If convicted, they could face life in prison.

Gainesville attorney Stephen Bernstein, who represents Hammoudeh, said the motion to move the trial is still in play. He acknowledged that there are currently enough people approved to seat a jury, but he believes many are not revealing the extent of their bias and won't be able to set it aside.

"Nobody wants to look like they're not fair," Bernstein said. "It's a tough thing to acknowledge."

Al-Arian's attorneys declined comment.

The lawyers and judge have been interviewing prospects in groups of five to prevent poisonous statements from tainting the entire pool. The sessions have generally run from 30 to 40 minutes and Bernstein said that often hasn't been long enough to thoroughly probe people's true feelings.

Frustration appeared to spill over Tuesday, as one of Al-Arian's lawyers sought to get the judge to remove a woman from the pool. The woman admitted being outraged over the allegations against Al-Arian, and that she helps raise money for Jewish causes.

She also expressed her view that there are radicals on both sides of the Palestinian and Israeli conflict, but said she believes she can set her beliefs aside and be fair.

Al-Arian attorney Linda Moreno asked the judge to look beyond her assurance that she could be fair, and weigh her other admissions that might undermine her ability to do so.

"I'm asking this court to look beyond that (her stated belief that she can be fair)," Moreno said.

Moody replied that the woman said she could put her feelings aside and be fair, and that is the standard he must use to consider potential jurors.

Moreno persisted, only to be cut off by Moody, who said, "I've heard enough on this one," before denying the woman's removal from the pool.

Other panel prospects quickly revealed their biases, and admitted they will have a hard time putting them aside. Moody dismissed about 20 prospective jurors Tuesday, some for those biases, others because they said a long trial will be a significant work or health hardship.

One man, identified only as juror 321, said he quickly formed an opinion that Al-Arian was guilty after learning of his arrest in February 2003 and hearing news accounts that followed. Asked how that would affect his view of the judge's instruction to presume Al-Arian innocent when trial begins, he admitted it would be difficult. "It's supposed to be innocent until proven guilty," the man said. "He might be this shy of the guilty side and needs to be proven innocent."

In another matter, Moody modified an earlier ruling barring reporters and others from publishing information that identifies jurors, including verbal descriptions.

His new ruling bars disseminating information that would identify a juror such as physical description, telephone numbers, addresses, employer names and membership affiliations. Demographic information, such as sex, race, age, religion and general job descriptions will be allowed.

Times researcher Cathy Wos contributed to this report.

[Last modified May 18, 2005, 01:01:02]