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AMP Report - October 22, 2007
Mistrial ordered in Holy Land charity case
In Dallas, Texas, U.S. District Judge Joe Fish, declared a mistrial today in the Holy Land Foundation for Relief and Development charity case after jurors failed to reach a verdict.
The Judge unsealed the verdict in the HLF case against after 19 days of jury deliberation. One of the defendants, former HLF Chairman Mohammed El-Mezain, was acquitted of most charges. However, due to the fact that the jury was unable to reach a unanimous decision on many of the counts brought against the Holy Land Foundation, the judge ordered a mistrial in the case.
The outcome came about an hour after a confusing scene in the courtroom, in which three former leaders of the group were initially found not guilty. But then when jurors were polled, three of them said those verdicts were read incorrectly. U.S. District Judge A. Joe Fish sent then back to resolve the differences, then declared a mistrial a short time later.
The jury forewoman said she was surprised by the three jurors' actions. "When we voted, there was no issue in the vote," she said. "No one spoke up any different. I really don't understand where it is coming from. All 12 made that decision."
After about an hour of renewed deliberations, Judge Fish said he received a note from jury saying 11 of 12 feel further discussion would not lead to a unanimous decision.
On Oct. 18, Jurors said that they had reached a verdict after 19 days of deliberation. But a magistrate judge ordered it sealed until today so that the Fish and all the prosecutors who handled the case could be present.
The defendants named in a 42-count indictment in 2004 are Holy Land Foundation, which federal authorities raided and shut down in December 2001; Shukri Abu Baker, the charity's president; Ghassan Elashi, its chairman; Abdulrahman Odeh; Mohammad El-Mezain; and Mufid Abdulqader. Two other men named in the indictment remain fugitives.
The five men on trial aren't accused of being terrorists. Rather, they are charged with funneling $36 million to individuals and groups tied to Hamas, including $12.4 million sent after Clinton's designation.
Each defendants faced more than 30 counts, including conspiracy and money laundering. Fish had the option of ordering further deliberations, accepting partial results and declaring a mistrial on undecided charges.
Lawyers for the Holy Land officials said the group was a legitimate charity that provided medical help, social services and schooling to Palestinian children and families. The group sent millions of dollars to Palestinian charities in Gaza and the West Bank, areas occupied by Israel.
The Holy Land case is the most significant terror-financing trial since the Sept. 11, 2001, terrorist attacks. President Bush personally announced the seizure of Holy Land's assets in December 2001, effectively shutting down the group.He made this announcement at a press conference in the Rose Garden four days after a request from then Israeli Prime Minister Ariel Sharon. Since then, many other Muslim charities based in the US were similarly designated, their assets frozen and their operations completely disrupted.
Two other recent terror-financing trials ended in defeat for the government, with defendants in Chicago and Florida acquitted on the major charges against them.
The Holy Land, founded in 1989 was one of the largest Muslim charities in the nation before it was shut down under executive orders in December 2001. It was one of six Muslim major charities in the country that have been shut in recent years as the Muslim charities were scrutinized and persecuted as part of a broader backlash against Muslims after the 9/11 attacks. Other five shut down charities are: Global Relief Foundation, Benevolence International Foundation,Al-Haramain Islamic Foundation, Islamic American Relief Agency and KindHearts USA.
The Holy Land Foundation for Relief and Development went on trial on July 24, 2007 in Dallas, Texas as the federal agents were raiding two other Muslim charities in Dearborn, Michigan. The Holy Land was being tried on suspicion of aiding terrorism by helping the Palestinian militant group Hamas while the two Michigan charities - the Goodwill Charitable Organization and Al-Mabarrat Charitable Organization were suspected of having ties to extremist groups in Lebanon. Just like the Holy Land, assets of the two Michigan charities have been frozen.
Trial of the Holy Land Foundation begins
Read more on HLF Trial
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