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Al-Arian Juror Surveys Released

By ELAINE SILVESTRINI esilvestrini@tampatrib.com

Published: Dec 15, 2005

TAMPA - Before they were selected as jurors, the 12 people who judged Sami Al-Arian all said they had no preconceived opinions about his guilt and they respected the U.S. justice system.

U.S. District Judge James Moody on Wednesday unsealed 26-page questionnaires completed by jurors as part of the selection process in the spring. Until Wednesday, little was known about the jurors' backgrounds.

Before the jury declined to convict Al-Arian and his co-defendants on any criminal charges last week, supporters of the former University of South Florida professor argued that he could not get a fair trial in Tampa and that the jury was predisposed to convict him. Supporters also worried that the defendants would be discriminated against because of their Arab and Muslim backgrounds.

The four defendants were accused of being a cell of the Palestinian Islamic Jihad, helping to promote the terrorist organization's activities and raising money to continue its violent attacks. The Islamic Jihad has claimed responsibility for numerous suicide bombings in Israel.

Jurors deadlocked on nine charges against Al-Arian and more than 20 charges against co-defendant Hatim Fariz. Prosecutors are deciding whether to retry the two men. The jury acquitted co-defendants Ghassan Ballut and Sameeh Hammoudeh on all charges.

With the release of questionnaires, the first detailed picture emerged of the jurors, who came from varied educational and employment backgrounds, including some with high school educations and some with advanced degrees. Two were naturalized American citizens, one was born in Vietnam and one was a native of Canada.

There was a part-time baker, a retired mechanical designer, a deli manager and an assistant meat manager. There was a retired tax preparer, a sales manager and a clerical worker.

Although most said they had some knowledge of the case before they served on the jury, some had seen no media reports.

Juror No. 112, a 29-year-old Polk County truck driver, wrote on his questionnaire, "I have never heard of him [Al-Arian] so I have no opinion."

He also said he had no opinion about the justice system. "I've never given it much thought," he wrote.

Al-Arian's defense centered on a contention that he was being persecuted for exercising his free speech rights by criticizing the U.S. government's policy regarding Palestinians and Israel. Jurors were asked whether they thought a person could be patriotic and criticize U.S. foreign policy.

To a person, they said yes.

Juror 112 wrote: "It's a U.S. constitutional right to say anything you want ... Just because you don't agree with every policy doesn't mean you're not patriotic."

One juror reached by telephone Wednesday night was skeptical of the other jurors' claims that they had no bias going into the case.

"I don't think we were fair in the beginning," said juror No. 32, who gave only his first name, Ron. "I think there were people in the jury who had preconceived notions."

They didn't talk about the case during the trial, but some did discuss political views, he said. "I got a sense a lot of them were very conservative right-wing."

Jurors were not asked their political affiliation during jury selection. They also were not asked their religion, although a few listed being involved in Christian church groups.

Ron, a 32-year-old courier and sales associate from Pasco County, wrote on his questionnaire: "I have basic knowledge of Sami Amin Al-Arian. USF professor suspected of links to terrorist organizations and fundraising for them."

In response to another question, he wrote: "I have no knowledge of evidence. It is all alleged. I have no 'reaction' or impression. I will wait till I read all the facts."

Jurors were asked what they remembered of Betty Castor's unsuccessful campaign for the U.S. Senate seat won by Mel Martinez. Castor, a former USF president, was criticized in advertisements for failing to fire Al-Arian.

"I thought she did the right thing. 'Innocent until proven guilty.' Plus she was try to avoid a lawsuit," Ron wrote. "You shouldn't fire people based on allegations."

Asked if his opinion would make it difficult to be impartial, he wrote, "Personally, I think it would make it easier."

Asked whether it is unpatriotic to criticize U.S. foreign policy, Ron wrote: "Sometimes those who criticize ... are the best patriots. No one is ALWAYS right. Even leaders. When they do something you think is wrong, you are obligated to speak out. How does one run a democracy if others are not allowed a dissenting voice."

One juror reported personal knowledge of discrimination against Arabs after Sept. 11. Juror No. 214, a 29-year-old Pinellas County man with bachelor's and associate's degrees, wrote, "After 9/11 I had an Arab friend who was mistreated because of her background."

Another juror said her sister was a co-worker of the wife of Mazen Al-Najjar, Al-Arian's brother-in-law. Al-Najjar was deported following a high-profile battle that involved the government's use of secret evidence and charges he was involved in the Islamic Jihad.

That juror, No. 105, is a 51-year-old Hillsborough County resident with a master's degree. She listed her occupation as "planning - transportation/grants." She wrote that she did not follow Al-Najjar's case closely.

"I just know that he was deported."