Prosecutors will likely retry the former leaders of a Muslim
charity, as well as the organization itself, after the government's
biggest terror-financing case since Sept. 11 ended in a mistrial.
Not one of the leaders of the Holy Land Foundation for Relief and
Development was convicted Monday, and many acquittals were thrown out
after three jurors took the rare step of disputing the verdict.
Juror William Neal told The Associated Press that the panel found
little evidence against three of the defendants and was evenly split on
charges against Shukri Abu Baker and former Holy Land chairman Ghassan
Elashi, who were seen as the principal leaders of the charity.
"I thought they were not guilty across the board," said Neal, a
33-year-old art director from Dallas. The case "was strung together
with macaroni noodles. There was so little evidence."
Some jurors were dead-set for convictions even before they began deliberating, Neal said.
"They brought up stuff that wasn't even in the case," he said. "They brought up 9-11."
The jury heard two months of testimony on charges that the Holy Land
Foundation for Relief and Development funneled more than $12 million in
aid to the Palestinian militant group Hamas. Such aid was illegal after
January 1995 because President Clinton branded Hamas a terrorist group.
After 19 days of deliberations, and a bewildering final day in court
Monday, jurors returned no convictions against any of the five former
leaders of Holy Land, the largest Muslim charity in the country when it
was shut down in December 2001.
Former Holy Land chairman Mohammed El-Mezain was acquitted on all
but one charge. The judge declared a mistrial on the remaining
El-Mezain charge and all counts against the other defendants and the
defunct charity itself.
Prosecutor James Jacks said the government would probably try the case again.
"This is a stunning setback for the government," said a former U.S.
attorney, Matthew Orwig. "There is absolutely nothing positive in that
verdict today for the government."
During the trial, prosecutors introduced bank records showing Holy
Land sent money to groups in Gaza and the West Bank. A lawyer for the
Israeli domestic security agency Shin Bet, who testified under a false
name, said those groups were controlled by Hamas, which has carried out
suicide bombings in Israel.
Prosecutors also offered thousands of pages of documents, many of
them translated from Arabic, and hours of videotape that showed Holy
Land leaders consorting with Hamas figures. One showed defendant Mufid
Abdulqader pretending to kill an Israeli in a skit.
Jurors finally indicated that they had reached verdicts last
Thursday. But their decisions were sealed until Monday because federal
District Judge A. Joe Fish was out of town.
As Fish read the results, it appeared that jurors had acquitted
Abdulqader on all charges, El-Mezain and Abdulrahman Odeh on most
charges, and failed to reach decisions on any counts involving Baker,
Elashi or Holy Land itself.
But even that partial result was precarious. When the judge polled
each juror whether he or she agreed with the verdicts — normally a
formality — things turned chaotic, as three jurors disavowed the vote.
Fish sent the jury back to resolve the differences, but after about
an hour, they said they could not continue, and the judge declared a
mistrial.
Interest in the case ran all the way to the White House. President
Bush personally announced the seizure of Holy Land's assets in December
2001, calling the action "another step in the war on terrorism."
The mistrial followed two other high-profile terror-financing
trials in Chicago and Florida that also ended without convictions on
the major counts.(ap)
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