Michael Caruso closes for Jose Padilla

I wasn't able to attend the closing arguments today, but reports back tell me that Padilla's lawyer, Michael Caruso, was incredible.

The initial AP coverage here.

I like the strong start:

"For five years, Jose Padilla has waited for this day," defense attorney Michael Caruso told jurors. "The day we could stand before you and ask for justice."

Then jabbing the government, while trying to humanize Padilla:

Some of his argument was delivered in front of a large screen featuring bright pictures of a smiling Padilla with two of his children, in stark contrast to the dark photo used by prosecutors of Padilla wearing a traditional Arab headdress.
Padilla's mother, Estela Lebron, looked on from a back row in the courtroom.
"They picked this picture to scare you, to instill fear," Caruso said.

And the theme, simple but strong:

"His intent was to study, not to murder," Caruso said.

What about the form:

The critical piece of physical evidence is a "mujahedeen data form" Padilla allegedly filled out in July 2000 to attend an al-Qaida training camp in Afghanistan. The form bears seven of Padilla's fingerprints, but Caruso said they are only found on the first page and the back of the final page - consistent with Padilla simply handling the form, rather than writing on it.
"It raises more questions than answers," Caruso said.

Similar defenses from the co-defendants' lawyers:

"Dr. Jayyousi wasn't buying bullets. Dr. Jayyousi wasn't buying ammunition. Dr. Jayyousi wasn't sending fighters over there," Swor said. "Dr. Jayyousi was providing relief."
Similar arguments were made Monday by lawyers for Hassoun, a Palestinian born in Lebanon who overstayed his U.S. visa and could be deported if found innocent or after his release from prison.
"Their passion was relief," Hassoun lawyer Kenneth Swartz said.

Now it's in the jury's hands. This is the worst time for trial lawyers, no? As soon as there is a verdict, we'll let you know.

BTW, what's with good reporters still referring to Padilla's lawyer as Andy Patel? He hasn't been Padilla's lawyer in a long time...

UPDATE -- more from Caruso's closing via the NYTimes and Reuters.

The challenge is issued:

“I defy the government to somehow argue that Jose had the intent to commit cold-blooded murder,” Mr. Caruso said.

It was important throughout the trial to distance Padilla from the other two defendants:

On Tuesday, Mr. Caruso sought to disassociate Mr. Padilla from the other defendants. The government secretly recorded thousands of their phone conversations from 1993 to 2001.
Mr. Padilla participated in seven wiretapped conversations presented at trial.
Prosecutors say Mr. Hassoun and Mr. Jayyousi used code words like “football” and “zucchini” to discuss plans to help violent jihad in places like Chechnya, Kosovo and Somalia. But, Mr. Caruso reminded jurors, they never said Mr. Padilla used such code.
Mr. Caruso also made a point of contrasting Mr. Padilla with the other defendants, emphasizing that he was younger, had less education and was a recent convert to Islam who did not speak fluent Arabic.
He even described Mr. Padilla as “slow” and reminded the jury that Mr. Padilla had worked at a Chicken Plus fast-food restaurant in Broward County before leaving for Egypt.
“These men are more different than they are alike,” Mr. Caruso said.

More re the form:

He conceded that seven of Mr. Padilla’s fingerprints were on the document, which the C.I.A. recovered in Afghanistan in 2001. But the fingerprints are on just the first page and the back of the last page, suggesting, Mr. Caruso said, that Mr. Padilla had merely handled the form, and had not filled it out.
He also pointed out that a palm print was found next to the signature line on the form, but that the government never requested Mr. Padilla’s palm print to see whether it matched.
“They were not trying to find the truth,” Mr. Caruso said. “They were trying to create a case.”

And finally, don't convict because of security:

"We don't achieve security by bringing these types of charges on this type of evidence."

"Padilla was the star recruit of a terrorist support cell and he was discovered right in our backyard.''

That was AUSA Brian Frazier describing Jose Padilla in his closing argument. Interesting way to put it -- "star recruit"; discovered in "our backyard." I didn't hear the closing, but these are terms that jurors relate to and are very easily understood...

Frazier, of course, hammered the application form and repeated al Qaida as much as he could:

"You are already inside the al-Qaida organization when you get this form to fill out," Frazier told jurors. "He provided himself to al-Qaida for training to learn how to murder, kidnap and maim."

Here's the Herald, the Sun-Sentinel, and the AP on the government's closings.

Michael Caruso for Jose Padilla responds tomorrow.

Final arguments in Manuel Noriega

To be extradited to France or to go back home to Panama; that's the question for Judge Hoeveler.

Jose Padilla closing arguments...

...are underway.

The Government is up first, followed by Adham Hassoun.

Tomorrow will be Kifah Wael Jayyousi and then Jose Padilla. The Government will finish up with rebuttal.

Judge Cooke has decided to read the jury instructions before closing argument. I've had this done a couple times and don't really have a preference... Any thoughts on whether this is a good or bad thing? Does it matter?

"Federal Judge Accused of Religious Bias"

The federal judge referred to in the headline for this DBR article (which is going to be published Monday) is William Zloch:

Fort Lauderdale, Fla., attorney Loring Spolter is accusing U.S. District Judge William Zloch of bias in two employment discrimination cases, citing his deep religious beliefs, and wants the judge removed from the cases.

In a 110-page motion for recusal filed last month, Spolter cited Zloch's hiring of several law clerks from Ave Maria Law School, a donation to the Roman Catholic school and his attendance at several junkets for judges sponsored by conservative organizations.

I've had trials and a number of contested hearings in front of the former Chief Judge and have always found him to be fair and impartial. Definitely a no-nonsense judge, which is good. I think he lets both sides try their case. No complaints here...

To cite where a judge hires law clerks is just ridiculous. This motion will go nowhere.

News and Notes

1. Poor Monkey (Sun-Sentinel).

2. Our chief would never do this (WSJ Blog).

3. Jury instructions in Padilla almost finalized (AP).

4. Cop sues in federal court (DBR).

5. Sy's funeral. (Rumpole)

Water cooler talk

Forget about 756, everyone is talking about yesterday's 3rd DCA's opinion re Adorno Yoss.

From the concurrence by former AUSA (we had to have a SDFLA connection somewhere!) Angel Cortinas:

Plainly and simply, this was a scheme to defraud. It was a case of unchecked avarice coupled with a total absence of shame on the part of the original lawyers. The attorneys manipulated the legal system for their own pecuniary gain and acted against their clients’ interests by attempting to deprive them of monies to which they might otherwise be entitled. More unethical and reprehensible behavior by attorneys against their own clients is difficult to imagine.

Youch.

Here's the opinion.

Here's the coverage in the DBR, the Herald, and the WSJ blog.

Padilla update

The government has rested after a short rebuttal. The rest of the week is legal issues without the jury. Closing arguments Monday and Tuesday next week.