Print

Email story

Comment

Email editor

Al-Arian

Security grows in Al-Arian trial

U.S. marshals don't disclose the type, but one defense lawyer mentions a Father's Day card.

By MEG LAUGHLIN
Published July 12, 2005

TAMPA - Courtroom security in the trial of Sami Al-Arian was increased Monday over concerns about contraband making its way into the hands of defendants.

After 11 days off, jurors returned to find five U.S. marshals in the courtroom, instead of two. But the increased security had nothing to do with the recent London bus and subway bombings.

"It's because of things passed from family members to defendants through their lawyers," said Marshal Randy Key.

Stephen Bernstein, attorney for defendant Sameeh Hammoudeh, said his client's children had placed a Father's Day card in some legal papers several weeks ago and that Hammoudeh had looked at it on the table in the courtroom, not taking it with him when he returned to jail that night.

Key would not say that the enlarged security force was specifically due to a Father's Day card. But he did say that "family members are not allowed to pass anything to defendants in the courtroom and we have to watch out for this."

To do so, the beefed-up marshal force sat behind defense attorneys and defendants and stared at them throughout the day's proceedings. The four defendants are charged with conspiring to fund terrorist acts in Israel.

During a morning break, Abdullah Al-Arian, the 25-year-old son of Sami Al-Arian, handed a clear blue folder to his father's defense attorney, William Moffitt, in the hallway outside the courtroom. When marshals saw this, they insisted upon searching the folder.

Moffitt protested loudly: "I've never been in a courtroom where family members can't give papers to lawyers," he said.

But he handed the folder to marshals, who looked through it and returned it.

"The defense attorneys were rushed because they got the stuff from prosecutors so late Friday, and we've tried to help out by doing some copying," said Abdullah Al-Arian, who had passed through two metal detectors before handing the papers to Moffitt.

The day's proceedings began before the jury entered the courtroom, with defense attorney Linda Moreno expressing concern to the judge that "the tragic events in London" could affect how jurors saw the defendants. She asked the judge to question jurors about their reactions.

U.S. District Judge James S. Moody briefly questioned two jurors but then stopped, telling the jury that the London bombings "have nothing to do with this case."

By the end of the day Monday, prosecutors had entered into evidence hundreds of phone conversations, faxes and e-mails collected during FBI secret electronic surveillance of Al-Arian, Hammoudeh, Hatem Fariz and Ramadan Shallah between early 1994 and 2000. But the information itself, which is the crux of the prosecution's case, was not discussed. Instead, an FBI technician and an intelligence analyst recited dates and phone numbers, as information on spreadsheets was entered into evidence.

During cross-examination, Moffitt raised questions about how the information was selected for evidence, pointing out that "of 400,000 interceptions, less than 400 are exhibits."

Cross-examination of FBI intelligence analyst Sally Hayes resumes today.

[Last modified July 12, 2005, 04:55:30]