From the Tampa Bay Coalition for Justice and Peace:
TAMPA— At a sentencing hearing this morning at the U.S. federal courthouse in Tampa, a judge issued Dr. Sami Al-Arian a maximum sentence of 57 months, despite recommendations by both government and defense attorneys to give him the low end of the sentence or 46 months.
Before the sentencing, Dr. Al-Arian's attorney, Linda Moreno, made a passionate appeal for the judge to order Dr. Al-Arian's immediate release and deportation on the basis of time-served: the 38 months he has been in prison, most of which were spent in solitary confinement under the most punitive conditions.
Dr. Al-Arian could have been released as early as May 23 under the low-end of the sentence. The maximum adds another 10 months.
Moreno also asked that the judge, James Moody, enter into the public record dozens of letters that were sent on behalf of Dr. Al-Arian from family members, students, colleagues and supporters worldwide, urging him to give Dr. Al-Arian the minimum sentence.
Among the letters she cited is one by a prominent Israeli academic, who wrote that Dr. Al-Arian is "genuinely committed to bring peaceand justice to his and my country."
In his eloquent address to the court, Dr. Al-Arian said: "This process affirmed my belief in the true meaning of a democratic society, in which the independence of the judiciary, the integrityof the jury system, and the system of checks and balances are upheld, despite intense political and public pressures."
Unfortunately, in his remarks before the sentencing, Judge Moody showed contempt for the jury process. None of his accusations, which were unequivocally rejected by the jury, appear anywhere in the actual plea agreement for which Dr. Al-Arian was being sentenced, or in the pre-sentencing report issued by a probation officer. He regurgitated long disproven accusations by the prosecution and even rehashed a charge by a previously discredited FBI informant. During the course of his tirade, Moody resorted to name-calling and personal insults. His vitriolic speech reflected an extreme bias against the Arab and Muslim community and a myopic view of the Palestinian-Israeli conflict.
On a day when all sides expected a swift and final resolution tothis painful chapter, the judge ensured Dr. Al-Arian's and hisfamily's continued suffering and sparked outrage by friends, colleagues and supporters. Following the vindictive display, many experienced lawyers and legal experts said they had never seen a judge carry himself in such an unscrupulous manner.
Furthermore, the draconian sentence by the judge caused asignificant setback in the civil rights struggle for Arab and Muslim Americans. It was also the latest contribution to the deepening rift between the U.S. and the Muslim world at a time when dialogue and understanding are needed.
One supporter on the courthouse steps said: "He truly represented the worst of America today."
Monday, May 01, 2006
Judge Rejects Jury Verdict and Prosecution's Recommendation, Issues Maximum Sentence to al-Arian
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19 comments:
Please define what you mean by draconian. Do you mean that there should be bo rule of law? It's not as if the judge ignored the law and imposed whatever popped into his head. If you don't like the statutes then work to change them. Oh wait, I forgot, Arab Americans don't vote or pariticipate. Must be that magical Jewfluence.
Actually, that's not true. Arab-Americans have consistently boasted higher voter turnouts than the national average.
It doesn't seem like that much of a travesty - it's only 11 months more than the defense wanted in prison. And he is going to get an automatic appeal. Any judicial bias will be far less likely at the appellate level.
I'm wondering whether you have links to actual news sources? This seems to be a press release.
Jewlicious:
Press release? No, don't be sillyl. I mean, a quote by a supporter on the courthouse steps--how much more impartial and informative can you get?
Hey all your idiots,
READ THE FIRST LINE OF THE POST. It states:
"From the Tampa Bay Coalition for Justice and Peace"
Kids, I can read as well...
I was just hoping that as part of this report, perhaps the poster himself could find other sources with, perhaps, slightly different points of view.
guilty until 'proven' guilty...this judge is shameful
Anonymous #1:
It's "draconian" because in 99 percent of cases, the judge goes with the prosecution's recommendation. That's the point of a PLEA AGREEMENT. There was not a single guilty verdict in this case; Al-Arian only copped a plea to end his family's suffering and move on. The judge disregarded the jury's findings to exacerbate their suffering, and he did so based on personal feelings, not what was proven in court. It may be within the law, but that doesn't mean it's not vindictive and unduly harsh.
Michael, an appeal would take at least a year, making it useless given the sentence. It may not seem a travesty to you, but why don't you spend 11 months in prison on top of 38 months, most of which were spent in solitary confinement under the harshest of conditions? I'd like to hear what you have to say if you or a loved one becomes a political prisoner and ends up in that horrible situation, God forbid.
"I'd like to hear what you have to say if you or a loved one becomes a political prisoner and ends up in that horrible situation"
Certailny that's an important consideration to ponder before joining the Palestinian Islamic Jihad.
It's funny how few Palestinians, Arabs and Muslims think that's a bad thing. Meanwhile, very few Jews would ever defend a Kach/Kahanist/JDL-type, let alone in a blanket manner at all costs as Al-Arian seems to receive.
No one's willing to chalk him up as the wrong way to be "pro-Palestinian" - another reason "the cause" is where it is.
You all really need to have a "Sister Souljah" moment and just get rid of the dead-weight, bloodthirsty murderous types, even if they have a wife and kids.
It's not helping.
If I was the judge I would have given him the same sentence that an openly gay Christian man would get in Hamastan. But life isn't fair.
What about the same sentence an openly gay Christian man would get in oh I don't know - Mississippi.
"Michael, an appeal would take at least a year, making it useless given the sentence. It may not seem a travesty to you, but why don't you spend 11 months in prison on top of 38 months, most of which were spent in solitary confinement under the harshest of conditions? I'd like to hear what you have to say if you or a loved one becomes a political prisoner and ends up in that horrible situation, God forbid."
OK, so if it's 46 months vs. 57 months in prison, and an appeal will probably take "one year" as you say, then how is that pointless? If he wins an appeal in 12 months, then that's more than enough time to knock the sentence down to 46 months before he reaches that mark.
"I'd like to hear what you have to say if you or a loved one becomes a political prisoner and ends up in that horrible situation, God forbid."
You're talking to a law student who works for the public defender's office in San Francisco. I work with a lot of people who get far worse sentences than this guy. I feel for him but his life is not over and he will have ample opportunity to appeal and get his sentence changed if the facts and law truly point towards the lesser sentence.
Anonymous said: "What about the same sentence an openly gay Christian man would get in oh I don't know - Mississippi."
And what sentence would that be genius? Care to point me to a ruling by a Mississippi judge that reflects your rediculous assertion?
It's "draconian" because in 99 percent of cases, the judge goes with the prosecution's recommendation.
Really - want to bet the house on that statistic? Because it's not true. Judges ignore prosecutors all the time - in both directions, lenient AND strict.
See it pays to actually know what you're talking about instead of pretending to be an internet jailhouse lawyer.
Appeal is pointless in this case. It's wasted effort. This case took so long and was so slow unless his attorney was high or drunk he most likely has zero grounds for an appeal. No one has ever mentioned that evidentiary proceedings were violated which is after all what an appeal would most likely stem from. Sure it's possible but in a Federal case that works from a paper trail there's almost no likelihood that the Federal prosecutors missed something. Sorry, kids, that's just reality.
It's not illegal to be gay in Palestine. It's against cultural norms - and therefore frowned upon.
The same could be said for the planet earth.
Sure! But here on planet earth, we have examples of the extent of homophobia in Hamastan:
http://www.google.com/search?hl=en&lr=&rls=GGLG%2CGGLG%3A2005-46%2CGGLG%3Aen&q=Palestinian+gays
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