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ACLU urges no retrial of Al-Arian
It marks the first time in three years the group has taken a stand in the controversial case.
By MEG LAUGHLIN
Published January 24, 2006
TAMPA - The American Civil Liberties Union of Florida urged the government Monday not to retry Sami Al-Arian, who was acquitted in December on eight counts of terrorism-related charges in a federal trial in Tampa. The jury hung on nine counts, with 10 jurors favoring total acquittal on all but an immigration charge.
In a letter to federal authorities, the director of the Florida ACLU wrote: "In light of the jury's acquittal ... on the most serious charges and in light of reportedly spending millions of dollars in a trial that led to no convictions, a decision to retry (Dr. Al-Arian) would appear to be pointless and vindictive."
The letter marked the first time in three years that the ACLU has taken a position on the charges against Al-Arian.
Howard Simon of the ACLU sent the letter to Paul Perez, U.S. attorney for the Middle District of Florida; and to his boss, Alice Fisher, chief of the criminal division at the U.S. Department of Justice.
Al-Arian and three co-defendants had been charged with raising money to further the violent acts of Palestinian Islamic Jihad in Israel and the Occupied Territories. After a six-month trial, a jury returned verdicts of acquittal and mistrial, with no guilty verdicts.
Simon said he "had reason to believe" that the U.S. attorney's office in Tampa was against a retrial but was not being supported by Washington: "I think Tampa recognizes it's time to fold the tent, but Washington won't let them because they're worried about saving face."
Steve Cole, spokesman for the U.S. attorney in Tampa, said, "We'll make a decision about a retrial, and it will be a joint decision between DOJ and Tampa prosecutors. Going back and forth is routine."
Cole said a decision about whether to try Al-Arian again will be "made within weeks, not months."
[Last modified January 24, 2006, 00:55:20]
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