Sunday, May 20, 2007

Round (week) one goes to...

... the prosecution or the defense?

You would expect that the first week of the Jose Padilla trial would be an overwhelming victory for the prosecution, but there has been a lot of debate about who has taken week one. The Chicago Tribune called the prosecutors "frustrated" with some of the inroads defense lawyers have made with their witnesses, most notably the training camp witness.

The Miami Herald today has two separate articles -- one by Jay Weaver saying: "Like savvy Hollywood directors, federal prosecutors opened the Jose Padilla terrorism trial in Miami with a grabber -- his alleged application to join al Qaeda."

The other by Ana Menedez, concluding: "Now the government must persuade jurors that the man who filled out his al Qaeda application as its No. 1 Slacker was really a dangerous terrorist. What emerged in week one was a slightly different picture: that of a former gang member adrift in the world. 'The Immigrant' admitted he hadn't worked in the military field and couldn't list any combat experience. From the application, he seems not so much a terrorist as the ultimate underachiever, the kind of guy who'd admit to carpentry skills, but would modestly leave blank the question asking him to list his 'intellectual abilities.' Maybe he just didn't want the job."

To get back to my theme for this trial -- This is why we need cameras in federal court. It's impossible to form your own opinion about what's really going on because we can't see it. We have to rely on newspapers which have all sorts of different opinions. Why no cameras?

And just for your enjoyment -- Slate now has this Padilla quiz. Take it.

Friday, May 18, 2007

More compelling testimony in Padilla trial

Today, a member of the "Lackawanna Six'' terrorist group testified in general about al-Qaida training camps and how one could get admitted to such a camp. Prosecutors will argue that Jose Padilla followed those procedures. This witness, however, could not link Padilla to the camps.

From the AP: Prosecutors say Goba's testimony is critical because it describes for the jury what went on at the al-Farooq camp, which the government claims Padilla attended in summer 2000. It also links the defendants to the al-Qaida terrorist group, even if indirectly.``Is it possible to just show up at one of the camps?'' asked prosecutor Brian Frazier.``No,'' Goba replied.``You had someone to help you _ someone known and trusted by al-Qaida,'' Frazier continued.``Yes,'' Goba said.But Goba said under questioning by defense lawyers that his intent was only to prepare to defend Muslims in areas where they were oppressed and persecuted, not to commit murder or other crimes. He said he never became a member of al-Qaida.``Are you now, or have you ever been, a terrorist?'' asked Padilla attorney Michael Caruso.``No,'' Goba replied.

Louis Robles taken into custody

Julie Kay breaks this story:

A federal judge has thrown disbarred Miami attorney Louis Robles back in jail after Robles' girlfriend told the court he was planning to flee the country before finalizing a criminal plea deal on charges that he stole millions from his clients. Last Thursday, U.S. District Judge Alan Gold in Miami issued an arrest warrant and ordered Robles’ $1 million bond revoked, calling him a flight risk. Robles, a nationally known Miami mass torts lawyer, was placed in federal prison May 11, days before Gold was set to decide whether to accept a plea deal for a 10-year sentence that was worked out between Robles and prosecutors.

The big question now is whether Judge Gold will accept the 10 year plea...

"Wilk ends testimony about why he killed Broward deputy"

Kenneth Wilk testified for seven days! The Sun-Sentinel reports: "At times during his testimony, the 14 jurors -- 10 women and four men -- looked intrigued. At other times, they looked bored. They are expected to start deliberating early next week."

Padilla's prints

Yesterday, the government and defense debated the significance of Jose Padilla's fingerprints on an al-Qaida training camp application. His prints are found only on the first and last pages, so the defense was able to establish that it was consistent with Padilla being handed the form. To add to their theory, the prints weren't tested until August 2006, after he was already in the brig for quite some time. If he was asked about the form in the brig, he may have handled it. Of course, the government will argue that the prints demonstrate that it was Padilla who filled out the form. Here's the AP coverage of the testimony.

Today, one of the New York men who pleaded guilty to terrorism support charges is expected to testify. Yahya Goba has said he filled out an identical form for the same al-Qaida training camp Padilla is accused of filling out a form for. Goba is serving a 10-year prison sentence and is cooperating with federal prosecutors.