http://www.iht.com/articles/ap/2007/01/04/america/NA_GEN_US_Hamas_Trial.php

Hamas trial defense rests after hearing from torture expert
By MIKE ROBINSON AP Legal Affairs Writer
CHICAGO
Attorneys for one of two men accused of furnishing thousands of dollars and
fresh recruits to a Palestinian terrorist network rested their case Thursday
following testimony from an expert on torture.

Closing arguments were set for Monday at the racketeering trial of former
Chicago grocer Muhammad Salah, 53, and Abdelhaleem Ashqar, 48, a former
assistant professor of business at Washington's Howard University.

Federal prosecutors say the two men were members of the Palestinian militant
group Hamas and helped to bankroll a wave of terror that included bombings,
kidnappings and murder aimed at toppling the Israeli government.

"Ladies and gentlemen, we are done with the evidentiary portion of this
case," U.S. District Judge Amy J. St. Eve, who has presided over the 10-week
trial, told the jurors before sending them home for the weekend.

Attorney William Moffitt, who represents Ashqar, rested his case weeks ago.
Salah attorney Michael E. Deutsch rested Thursday following testimony from a
psychiatrist and torture expert, Dr. Metin Basolglu.

Basoglu, an authority on the psychological mechanisms created by torture,
testified over a live video feed from Istanbul where he lives.

Basoglu said a slipped disc in his back kept him from traveling.

Salah's attorneys are hoping Basoglu's testimony will reinforce Salah's
claim that after his January 1993 arrest he was tortured by Israel's Shin
Bet security agents into making incriminating statements.

Israeli police confiscated $97,000 in cash in his East Jerusalem hotel room,
money they say was earmarked to pay for guns and bombs for Hamas.

The soft-spoken Salah, who grew up in a squalid West Bank refugee camp and
later became a U.S. citizen, says the money was for Muslim charities.

He served almost five years in Israeli prisons before he returned to this
country, where he immediately came under intense scrutiny by the FBI.

Basoglu, a specialist in psychiatry at Istanbul University and a senior
lecturer at the University of London, said torture causes acute stress by
making victims feel they have lost control of their situation.

He said the anxiety torture victims suffer during interrogation by the
military or the police can become so intense as to be unbearable.

"Any one of us would comply in that situation," he said.

The trial began with opening statements in October. The prosecution's
initial witnesses were two Shin Bet agents who interrogated Salah in 1993.

They testified under aliases in a courtroom cleared of spectators to protect
them against possible reprisals by Hamas. But reporters were allowed to hear
their testimony on closed-circuit TV in another room.

Both men denied Salah ever was tortured. Salah did not take the stand but
his attorneys say he was put in a freezing cell with no blanket, forced to
wear a foul-smelling hood and otherwise mistreated for weeks.

Former New York Times reporter Judith Miller testified that she witnessed
part of Salah's 54-day interrogation at a high-security prison in Ramallah.
She said he seemed to be in good spirits. Salah attorneys say Miller saw
only a small fraction of what went on and was easily fooled.

Prosecution witnesses testified that when agents searched Ashqar's home they
found Hamas records and literature and that he took part in a Philadelphia
meeting at which the group's organizers mapped strategy.

His attorneys maintain that he merely was exercising his right to free
speech and that nothing he did violated the law.

There is a third defendant in the case _ Mousa Mohammad Abu Marzouk _
allegedly a high-ranking member of the Hamas command now believed to be
living in Damascus and classified as a fugitive.

A crowded courtroom was expected for closing arguments Monday. The case has
drawn wide interest since August 2004 when then Attorney General John
Ashcroft unveiled the indictment at a news conference, saying the three
operated "a U.S.-based terrorist recruiting and financing cell." 
070104 225004

 

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