Bin Laden cannot be named in Damra trial

The Plain Dealer ^ | 6/15/04 | John Caniglia

[Nasty McPhilthy]

Bin Laden cannot be named in Damra trial Judge fears mention would inflame jurors Tuesday, June 15, 2004 John Caniglia Plain Dealer Reporter A federal judge, fearing the mention of Osama bin Laden would prejudice jurors, barred prosecutors from bringing up the terrorist's name during imam Fawaz Damra's trial, which begins today in Akron.

Damra, the leader of the Islamic Center of Cleveland, is accused of concealing his ties to terrorism on immigration forms in 1994. If convicted, he could be sentenced to up to five years in prison and deported.

U.S. District Judge James Gwin's decision helped Damra, 41, of Strongsville. But his defense suffered two lapses involving expert witnesses. One witness refused to testify after drawing the ire of Jewish leaders in Chicago. Prosecutors accused the other of plagiarizing a report on the imam's case.

In a pretrial hearing Monday, prosecutors argued that evidence pertaining to bin Laden was relevant to the trial. Damra and bin Laden were linked to the Alkifah Refugee Center in Brooklyn in the 1980s, raising money and recruiting fighters for the Muslim holy war against the Soviets, authorities said. When the war ended, bin Laden formed al-Qaida.

"That was the launching pad," said Assistant U.S. Attorney James Moroney. "That was the precursor [to al-Qaida.]"

John Cline, one of Damra's lawyers, disagreed, saying that invoking the name of the man who led the Sept. 11, 2001, attacks on the United States would hurt Damra's chances of receiving a fair trial.

"The Osama bin Laden of 1990, 1993, 1994 was not the Osama bin Laden of today," Cline told Gwin.

The judge agreed: "The risk of inflaming the jury is just too great."

The decision came on the same day that one of Damra's expert witnesses, Scott Alexander, said he would not testify for the imam. Alexander wrote an expert report for Damra's attorneys that said the imam's hate-filled language at several fund-raisers was not meant "to incite the persecution of Jews or Israelis."

A day after The Plain Dealer wrote about Alexander's remarks, he wrote to the paper and cited his change of mind: "Mr. Damra did indeed promote violence and hatred. I unreservedly condemn the speeches and actions of Mr. Damra in the early 1990s when he was advocating and helping to raise money for movements that perpetrate violent attacks on Israeli citizens."

Alexander declined to discuss his switch of opinion. The Chicago Tribune reported that Alexander backed out of the case after his words ignited controversy with local Jewish leaders.

Damra's other expert, Michael Dahan, a reservist in the Israeli military police, provided a similar report. In a hearing Monday, Prosecutor Cherie Krigsman said the government found that 90 percent of it was taken from a document written in 1995 by a man Dahan did not know.

Dahan told the judge that he did not plagiarize the material. He said he used several sources.

The trial will focus on videotapes that recorded Damra's speeches while raising money for the Palestinian Islamic Jihad, according to court documents. The tapes were seized in Tampa, Fla., from Sami Al-Arian, the leader of the North American chapter of the group. Al-Arian is to go on trial next year on charges related to his involvement with the group.

To reach this Plain Dealer reporter:

jcaniglia@plaind.com, 216-999-4128

[b4its2late]

U.S. District Judge James Gwin's decision helped Damra, 41, of Strongsville.

Isn't that special.......

[Steve_Seattle]

Yet another mentally defective judge.

[Blood of Tyrants]

Now, we wouldn't want the EVIDENCE biasing the jury, now would we? < /disgust>

[gaspar]

I tried to get though to the Judge at his office number, 330-375-5934 to tell him he is a perfect stooge. Unfortunately, he did not read the trial testimony of the embassy bombers or he would know that the OBLaden of 1988 (when Al Kifa was really active) through 1993 (when Al Kifa finally was driven out of business) is the same murderous sonofabitch he is today.