Hammoudeh Stuck In Limbo

By ELAINE SILVESTRINI esilvestrini@tampatrib.com

Published: Jan 19, 2006

BRADENTON - More than a month after Sameeh Hammoudeh was acquitted of all charges in the Sami Al-Arian trial, he remains behind bars, caught up in a system in which no one will make a decision.

An immigration judge on Wednesday said she didn't have jurisdiction to rule on a bond motion brought by Hammoudeh's attorney. The attorney, Stephen N. Bernstein, also has a motion pending before U.S. District Judge James Moody. But prosecutors argued in a response that Moody has no jurisdiction.

"Respectfully," Bernstein asked Immigration Judge Gail Padgett, "who has jurisdiction?"

"All I know for sure is it's not my jurisdiction," the judge said. She suggested he contact Immigration Officer David Wing.

Bernstein said he has tried to contact Wing, but Wing won't return his calls. Calls to Wing were referred to Barbara Gonzalez, a public affairs officer for Immigration and Customs Enforcement in Miami. Gonzalez could not be reached for comment.

After the hearing, Bernstein was exasperated. "It's like being put in a maze and at every turn you go, there's another block put in front of you," he said.

In another development Wednesday, Moody ruled against motions by attorneys for Al-Arian and another defendant, Hatim Fariz, who had asked him to order acquittals on charges on which the jury deadlocked. And one of Al-Arian's attorneys, William Moffitt, implied he soon may leave the case.

Although the jury was hung on numerous charges against Al-Arian and Fariz, it acquitted Hammoudeh and Ghassan Ballut.

Hammoudeh had pleaded guilty before the Al-Arian case to unrelated immigration and mortgage fraud charges.

Under that plea agreement, Hammoudeh and his wife, Nadia, were to receive probation with a condition they agree to be deported.

Pamela McCullough, an ICE spokeswoman in Tampa, said immigration authorities, by law, have a total of six months to hold someone who is being deported. "We are allowed and are exercising that right," she said. But she said she couldn't specify who was responsible for making such decisions other than it was the ICE Detention and Removal Office.

In denying the Al-Arian and Fariz motions, Moody issued no written opinion explaining his reasons.

When contacted for comment, Moffitt said, "I have no reaction to the denial to the motions other than I don't think it's correct. I think there are serious problems with proceeding in the case under the current circumstances. ... [But] that might be for someone else to deal with."

Asked whether that meant he was leaving the case, Moffitt said, "I can't talk about it." Asked when he could talk, Moffitt said that depends on what Moody does. Asked whether he was referring to a motion the defense recently filed under seal, Moffitt again said, "I can't talk about it."