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A rift appears in defense

Attorneys for the three other men accused deny their clients had much involvement with Sami Al-Arian's organizations.

By MEG LAUGHLIN
Published June 8, 2005

TAMPA - Defense attorneys for the three co-defendants of Sami Al-Arian on Tuesday began putting some distance between their clients and the former University of South Florida professor accused of raising money to fund terrorism.

On this second day in federal court, lawyers for Sameeh Hammoudeh, Ghassan Ballut and Hatem Fariz portrayed their clients as men of moderate political views, with strong family and community ties - and victims of overzealous prosecution.

They don't support violence in the Middle East, the defense attorneys said, and were not part of any conspiracy involving Palestinian Islamic Jihad, or terrorist front organizations, including groups founded by Al-Arian.

It was a markedly different strategy from that of Al-Arian's defense.

On the first day of the trial, William Moffitt, defense attorney for Al-Arian, had characterized his client's actions as not criminal, but rather guilt-by-association with PIJ members, unpopular beliefs and impassioned rhetoric, all protected by the U.S. Constitution.

Tuesday morning, Stephen Bernstein, attorney for Sameeh Hammoudeh, opened the breach, telling jurors: "Each defendant must be considered separately."

Bernstein said the evidence would show that his client was "a moderate," linked to the peace process in Israel through a Brandeis professor, who was at odds with the PIJ.

Bernstein said the government is claiming Hammoudeh falsified records to disguise his dealings with PIJ as work with charities, but in fact there was no coverup.

"I submit to you that it's an admission that there's no direct evidence of Sameeh Hammoudeh's guilt," he said. "We're left with only circumstances from wiretaps."

Next, attorney Bruce Howie gave an opening statement for Ghassan Ballut.

He said that not only was there no direct evidence to connect Ballut to violence in Israel, there was "no evidence." Howie told the jury that Ballut, a U.S. citizen, graduated from Ohio State University and was a family man and a religious man who was "all about his mosque."

He described his client as "unguarded, open and candid" in wiretapped conversations that make up most of the government's evidence against him.

But, Howie said that in a seven-hour search of his home and office by federal agents "they found no PIJ documents and nothing to connect him to ICP membership."

The ICP (Islamic Committee for Palestine) was founded by Al-Arian in 1988. Prosecutors say it was a front for PIJ fundraising.

By Tuesday afternoon, the other defense attorneys had pulled so far away from anything associated with the PIJ and organizations founded by Al-Arian that the last lawyer to give an opening statement - Kevin Beck for Hatem Fariz - told jurors that Fariz's wife had served bagels and cream cheese to FBI agents searching their home.

Beck said his client had committed no crime and had merely shared information on violence in Israel that he got from the Internet and articles.

He also said Fariz helped get money to a licensed charity in Israel.

Beck described his client as "about American as they come."

He concluded opening arguments for the defendants by distancing Fariz from any connection to PIJ or ICP.

"Fariz is not a co-conspirator, not a member of PIJ. He didn't even go to ICP conferences. He never got a salary. All he did was try to help the poor," Beck said.

After lunch, prosecutors began laying the foundation for government allegations that Al-Arian had purposely omitted information on immigration forms.

Several jurors nodded off and spectators disappeared, leaving the courtroom almost empty, while a witness described visa classifications for more than three hours.

Presiding U.S. District Judge James S. Moody told jurors: "And you were wondering how this trial could possibly last six months ..."

Today, the trial continues with more description of INS forms.

--Staff writer Meg Laughlin can be reached at 813 226-3365 or mlaughlin@sptimes.com

[Last modified June 8, 2005, 01:06:11]