As The Worm Turns...

December 7, 2005
Not Guilty Verdicts in Florida Terror Trial Are Setback for U.S.
By ERIC LICHTBLAU
New York Times

WASHINGTON, Dec. 6 - In a major defeat for law enforcement officials, a jury in Florida failed to return guilty verdicts Tuesday on any of 51 criminal counts against a former Florida professor and three co-defendants accused of operating a North American front for Palestinian terrorists.

The former professor, Sami al-Arian, a fiery advocate for Palestinian causes who became a lightning rod for criticism nationwide over his vocal anti-Israeli stances, was found not guilty on eight criminal counts related to terrorist support, perjury and immigration violations.

The jury deadlocked on the remaining nine counts against him after deliberating for 13 days, and it did not return any guilty verdicts against the three other defendants in the case.

"This was a political prosecution from the start, and I think the jury realized that," Linda Moreno, one of Mr. Arian's defense lawyers, said in a telephone interview. "They looked over at Sami al-Arian; they saw a man who had taken unpopular positions on issues thousands of miles away, but they realized he wasn't a terrorist. The truth is a powerful thing."

Federal officials in Washington expressed surprise at the verdict in a case they had pursued for years.

The trial, lasting more than five months, hinged on the question of whether Mr. Arian's years of work in the Tampa area in support of Palestinian independence crossed the threshold from protected free speech and political advocacy to illegal support for terrorists.

Prosecutors, who had been building a case against Mr. Arian for 10 years, relied on some 20,000 hours of taped conversations culled from wiretaps on Mr. Arian and his associates. Officials said he had helped finance and direct terrorist attacks in Israel, the Gaza Strip and the West Bank, while using his faculty position teaching computer engineering at the University of South Florida as a cover for his terrorist activities.

But ultimately, the jury in Tampa that heard the case found him not guilty of the charge of conspiring to kill people overseas, and it deadlocked on three of the other most serious terrorism charges.

Justice Department officials said they were considering whether to re-try Mr. Arian on the counts on which the jury did not reach verdicts.

While expressing disappointment in the verdicts, the officials said the department had a strong track record of success in prosecuting terrorists, including the separate convictions last week of a Northern Virginia student and a Pakistani immigrant in New York on charges of supporting Al Qaeda.

"We remain focused on the important task at hand, which is to protect our country through our ongoing vigorous prosecution of terrorism cases," said Tasia Scolinos, a spokeswoman for the Justice Department. "While we respect the jury's verdict, we stand by the evidence we presented in court against Sami al-Arian and his co-defendants."

In bringing the case against Mr. Arian in 2003, the department relied on the easing of legal restrictions under the antiterrorism law known as the USA Patriot Act to present years of wiretaps on the defendants in a criminal context.

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