Al-Arian Judge Ponders Admission Of Web Evidence
Published: Sep 22, 2005
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TAMPA - While lawyers spent the day arguing about legal issues involving computers and Internet, it was a live, furry, four-legged mouse in the courtroom that flummoxed the judge in the Sami Al-Arian trial.
The critter apparently has had the run of U.S. District Judge James Moody's courtroom for several days, eluding court personnel's attempts to capture it with glue boxes.
Moody told attorneys Wednesday afternoon that he was prepared to have someone put poison in the room, but he feared the mouse would get into a wall and die, leaving an aroma that might force people from the room.
The judge asked attorneys for their opinions about what he should do.
"Mr. Said is morally opposed to killing the mouse," cracked public defender Kevin Beck, referring to fellow attorney Wadie Said.
"I'll leave the mouse alone" for now, the judge said. He asked that someone remind him to mention it to jurors so they won't be surprised if they see the little rodent.
Jurors were not in court Wednesday as lawyers argued about whether the government can present testimony about evidence the prosecution says links two co-defendants to Web sites of the Palestinian Islamic Jihad.
Defense attorneys are fighting the government's attempt to call two computer experts to introduce evidence from an Islamic Jihad Web site called Qudsway.com and other Islamic Jihad Web sites. Assistant U.S. Attorney Terry Zitek said the Web site documents show the goals of the terrorist organization.
Public Defender M. Allison Guagliardo argued that the evidence constitutes hearsay and cannot be documented as authentic.
Moody asked attorneys to give him more case law this morning, and he blocked off more court time today to deal with the issues. Jurors were to be told again not to come to court until at least Monday to resume hearing evidence.
WHAT HAPPENED
The judge is considering whether to allow the prosecution to introduce evidence from Internet sites linked to the Palestinian Islamic Jihad.
