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December 27, 2002: ADC-Michigan welcomes US
Magistrate Steven Pepe decision to dismiss all charges against
Mr. Alajji. ADC commends the Magistrate for upholding the
integrity of our judicial system and protecting people's
basic constitutional rights. "It is unfortunate that
many people have been victimized by mere allegations as a result
of family feuds and disputes. This is another example
where innocent people are being subject to unnecessary
prosecution. This is where, we call upon our Law
Enforcement Agencies to thoroughly investigate any information
received from any source before rushing to judgment. Those who
provide such false leads must be punished and must set as an
example to others. I only hope that this was a learning
experience to all," expressed Imad Hamad, ADC Michigan
Director.
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Yemeni was being detained in fraud case
December 28, 2002
BY TAMARA AUDI
FREE PRESS STAFF WRITER
In a stunning decision, a federal court magistrate dismissed the
government's case Friday against a Detroit man whom prosecutors
calleda terrorist threat.
Lawyers for the man, a native of Yemen whose anti-American
religious and political beliefs caught the attention of the
state's top terrorism investigators, were as surprised as
prosecutors by the rare dismissal of a federal case at such an
early stage of prosecution.
U.S. Magistrate Judge Steven Pepe said prosecutors didn't prove
Mohamed Alajji willfully intended to defraud the government when
he applied for multiple Social Security cards.
Although Alajji faced possible fraud charges, the government's
true
reason for having him detained was that it believed he was a
terrorist threat.The ruling came after a six-hour preliminary exam
to determine whether the government had probable cause to charge
Alajji. Pepe ordered Alajji's immediate release.
The ruling won praise for Pepe from immigrant and civil rights
advocates, and was seen by some as the first sign of a changing
legal tide.
"This is a great day for our criminal justice system and for
Arab-
Americans," said Alajji's lawyer Nabih Ayad. It is so common
for
federal magistrates to rule in favor of prosecutors at a
preliminary
exam, that few could remember the last time a case was dismissed.
It was the first time Pepe dismissed a case in a preliminary exam
in his 19 years on the bench.
"Although I know nothing about the facts of this case, I can
say that in my experience it is very unusual for a case to be
dismissed at preliminary examination," said Steve Fishman, a
veteran criminal lawyer who regularly handles federal cases.
"The standard of proof is very low, and the government
generally has enough evidence to satisfy that standard."
After Sept. 11, magistrates were even more compelled to rule in
favor of the government in potential terrorism cases.
Pepe acknowledged the pressures of Sept. 11, but in the end said
he rejected them in favor of ruling on the facts alone.
"I know this is very serious. I know it leaves me open to
criticism and reversal. I do not do it lightly, but I do not feel
that I can do
otherwise," Pepe said. "It would have been far easier
for me to rule in favor of the government."
The dismissal does not prevent assistant U.S. attorney Eric Straus
from continuing his investigation or from filing future charges
against Alajji. He could also bring the case before a grand jury,
which could indict Alajji. Immediately after the judge's decision,
Straus said he could not say what his next step would be.
Informants said Alajji is an extremist who intended to launch a
terrorist attack in Michigan, according to government documents.
Alajji was arrested in western Michigan on Dec. 19, two days after
his former brother-in-law called authorities to say Alajji was
planning an attack.
The former brother-in-law has since recanted that statement,
federal prosecutor Eric Straus said.
Ayad and Imad Hamad, director of Michigan's American Arab Anti-
Discrimination Committee, have repeatedly warned that angry
relatives often abuse the FBI's informant system to seek revenge.
Hours after Pepe's decision, the ADC released a statement saying
the case should be "a learning experience to all" and
called on the government to punish "those who provide such
false leads." Prosecutors presented witness testimony and
documents to try to prove Alajji committed fraud by applying for
two Social Security cards in 1995 and a duplicate card in 1999,
using slightly different spellings of his last name.
"The use of two different spellings is by design, and not an
innocent mistake," Straus said in court. Pepe, however,
citing his extensive background in Social Security policy, said
that it would be impossible to expect even a lifelong American
citizen to navigate complex Socia Security law.
"There was no bias. He stuck to the facts," said Khalid
Otefa, one of about a dozen relatives and friends who filled the
courtroom to support Alajji. "It feels great to be an
American citizen."
Contact TAMARA AUDI at 313-222-6582 or audi@freepress.com. \
All content © copyright 2002 Detroit Free Press and may not be
republished without permission.
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