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http://www.sun-sentinel.com/news/lo...ts,0,3321039,print.story?coll=sfla-news-miami
Lawyers for 2 in 'dirty bomb' terror case allege misconduct at jail
By CATHERINE WILSON
Associated Press
June 20, 2005, 12:23 PM EDT
MIAMI -- Attorneys for two terrorism suspects tied to an alleged al-Qaida dirty bomb suspect are asking for the dismissal of a federal indictment against them based on a jailer's mishandling of a Quran and intimidating jail cell searches that removed handwritten papers in Arabic.
The defense claims the seizures from the cells of Adhan Amin Hassoun and Kifah Wael Jayyousi in May and June amount to government misconduct and an unconstitutional intrusion on trial preparation.
Jailers also disrespectfully tossed Hassoun's Quran on his bunk and left 8,000 pages of trial papers in disarray, his attorney Kenneth Swartz said in motions filed Friday.
Hassoun, a Lebanese-born Palestinian, and Jayyousi, a Jordanian national and U.S. citizen, face possible life prison sentences on charges of plotting to fund and support Islamic jihad through murder and kidnappings abroad, including Bosnia, Chechnya and Somalia.
``By depriving the defendants of the confidentiality of their own case-related notes, the government has destroyed any possible confidence that their case can be prepared with privacy,'' the men's attorneys wrote.
The defense also is asking for an order to either release the men from solitary confinement or on house arrest. Alicia Valle, spokeswoman for the U.S. attorney's office, said Monday that prosecutors would respond in writing, but both motions said the federal trial attorney opposed them.
Messages left at the downtown jail where the men are detained by the U.S. Bureau of Prisons were not immediately returned. The defense said the warden responded to a March request by Hassoun for a change in jail conditions by saying he was a ``security threat.''
The Federal Detention Center has held other inmates deemed administrative risks, notably drug kingpins, in solitary for years despite defense protests.
On the Quran, a jail officer took a piece of paper with Arabic writing, but Hassoun explained that he had copied an excerpt from the holy book and showed him the matching text. The officer returned the paper and tossed the Quran on the bed.
``Even the U.S. military has said that's not the kind of treatment you give a holy book, so I guess FDC hasn't come to that conclusion,'' Swartz said Monday.
The conditions of confinement barring contact visits, restricting family visits by adult relatives to one-hour a week and delaying mail at least a month is ``punitive'' and ``not reasonably related to a legitimate government goal.''
Hassoun has been held in solitary for nearly a year following two years in an immigration jail.
Jayyousi, a former assistant superintendent in Detroit public schools, has been in isolation since he was arrested in March and transferred to Miami. Their trial is set for September 2006, which would leave them in solitary for another year unless changes are made.
Hassoun and Jayyousi are accused of being involved in an international terrorist financing plot that allegedly included attempts to recruit terrorists, including Jose Padilla, a former Broward County resident and Chicago gang member and Muslim convert held by the United States as an enemy combatant.
Arrested in May 2002, Padilla has been portrayed as a militant who planned attacks on the United States, including with a radioactive ``dirty bomb.''