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Defense in Al-Arian case struggles in cross-examining FBI agent

The judge keeps blocking two defendants' lawyers from paths not opened by an FBI agent's monthlong testimony.

By MEG LAUGHLIN and JUSTIN GEORGE
Published August 25, 2005

TAMPA - Less is more. That was the defense approach in the federal trial of Sami Al-Arian Thursday, as attorneys for Al-Arian and Sameeh Hammoudeh struggled mightily to focus on what was absent from the government's evidence.

They were rarely successful.

The problem: It was cross-examination, and the judge repeatedly stopped them from referring to what was not mentioned in the monthlong testimony of FBI Agent Kerry Myers.

Al-Arian's defense attorney, Bill Moffitt, had previously told the court his cross-examination of Myers would probably last two days. But he stopped after half a day because U.S. District Judge James S. Moody Jr. kept shutting down his attempts to introduce new information to try to punch holes in Myers' testimony.

Moffitt will have to wait until the defense mounts its case.

At one point, Moffitt took issue with a video Myers had shown of Al-Arian making a speech at a conference put on by the Islamic Committee for Palestine 15 years ago. In the speech Al-Arian referred to "disbelieving" Jews of antiquity, and contemporary Israelis who "hold sway over us," as "monkeys and pigs."

Moffitt opened a Koran to show that Al-Arian was quoting from the Koran. But the judge stopped him, ruling that the source was beyond the scope of cross-examination.

Moffitt went in another direction: "Is it fair to say a very small amount of the speeches in the conference were presented here?" Moffitt asked.

Yes, Myers said.

But Moffitt was not allowed to show samples of other speeches.

Moffitt asked Myers if there were speakers at the ICP conferences that the FBI didn't consider "radicals, Islamists or terrorists." And, he also questioned Myers' assertion that WISE, the Tampa Islamic think tank Al-Arian founded, was a "cover organization" for violent militants.

"Did anyone on behalf of WISE attack anyone?" Moffitt asked. "It committed no acts of violence? Am I right?"

Myers agreed about WISE and the ICP. But there was no further discussion.

By noon, Moffitt announced he was through questioning Myers.

Next, Sameeh Hammoudeh's attorney, Stephen Bernstein, questioned Myers, continuing with the less-is-more approach.

Like Al-Arian and two other defendants, Hammoudeh is charged with fundraising for Palestinian Islamic Jihad, which has claimed responsibility for more than 100 killings in Israel and the occupied territories.

Bernstein asked Myers to look at transcripts of Al-Arian's phone conversations about financial aid from the PIJ for WISE. He repeatedly asked Myers about the absence of Hammoudeh in discussions.

"Dr. Al-Arian mentions Ramadan Shallah, Mazen Al-Najjar and Bashir Nafi when he talks about receiving proposals (for money from the PIJ)," said Bernstein, referring to Al-Arian's colleagues at his think tank in Tampa. "But there is no mention of Sameeh Hammoudeh."

"Correct," said Myers.

But Myers flipped through the transcripts to show when Hammoudeh was mentioned, and then offered lengthy interpretations about Iranian funding of the PIJ and Tampa links to the PIJ. Several times, Bernstein said the documents didn't show what Myers said, and he and Myers debated back and forth.

Myers also gave a lengthy explanation of how $20,000 of PIJ money was disbursed at WISE.

As he did, lead prosecutor Terry Furr sat up straight, smiling, and lead defense attorney Moffitt slouched with his head down.

At one point, when Myers brought up a poem Shallah sent to an Iranian about "hating America," the judge stopped him.

"Answer just the questions that are asked," Moody said.

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

[Last modified August 25, 2005, 01:09:20]