Mistrial in Holy Land terrorism financing case – The government’s prosecution of a now-defunct Islamic charity collapses in confusion after initial verdicts are read
DALLAS, TEXAS – The U.S. Justice Department suffered a major setback in another high-profile terrorist prosecution Monday when its criminal case against five former officials of a now-defunct Islamic charity collapsed into a tangle of legal confusion.
U.S. District Judge A. Joe Fish declared a mistrial, but not before it became clear that the government’s landmark terrorism finance case — and one of its most-costly post-9/11 prosecutions — was in serious trouble.
His decision came after jury verdicts were read to a packed courtroom indicating that none of the defendants had been found guilty on any of the 200 combined counts against them. Jurors had acquitted defendants on some counts and were deadlocked on charges ranging from tax violations to providing material support for terrorists.
However, during routine polling of the jurors to determine that their votes were accurately reflected in the findings, two said they were not. When efforts to reconcile the surprise conflict failed, Fish declared the mistrial.
The case presented to a Texas jury of eight women and four men relied heavily on Israeli intelligence and involved disputed documents and electronic surveillance gathered by federal agents over a span of nearly 15 years. Fish’s order ended a two-month trial and 19 days of jury deliberations over allegations that Holy Land Foundation for Relief and Development and five of its former leaders provided financial aid to the Palestinian terrorist group Hamas.
President Bush announced in December 2001 that the Texas-based charity’s assets were being seized, and in a Rose Garden news conference accused the organization of financing terrorism. Monday’s outcome, however, raised serious questions about those allegations as well.
“I think it is a huge defeat for the government,” said David Cole, a Georgetown University law professor specializing in 1st Amendment cases and terrorism prosecutions.
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Note: Greg Krikorian is a Los Angeles Times Staff Writer. This article was published October 23, 2007
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