http://www.chicagotribune.com/news/local/chi-ap-il-hamasindictment,1,4722451
.story?coll=chi-news-hed
<http://www.chicagotribune.com/news/local/chi-ap-il-hamasindictment,1,472245
1.story?coll=chi-news-hed&ctrack=1&cset=true> &ctrack=1&cset=true
 
Judge: Chicago terror suspect's statements to Israeli cops admissible
By MIKE ROBINSON
AP Legal Affairs Writer
Published June 8, 2006, 4:50 PM CDT


CHICAGO -- A federal judge ruled Thursday that prosecutors may use
statements made to Israeli authorities a dozen years ago by a Chicago man
when he comes to trial on charges of laundering hundreds of thousands of
dollars for the Palestinian militant group Hamas. 

U.S. District Judge Amy J. St. Eve said in her 138-page opinion that federal
prosecutors had proven in 13 days of hearings that began in March that
Muhammad Salah had made most of the statements voluntarily and not after
being tortured as he claimed. 

St. Eve, a former federal prosecutor, said that "the law enforcement conduct
on the record before the court does not shock the conscience." 

Salah, 53, is one of three men charged in the indictment with taking part in
a racketeering conspiracy that included funneling cash to Hamas to commit
murders, bombings and other violence. 

The indictment was announced in August 2004 by then Attorney General John
Ashcroft who said at a news conference that the three operated "a U.S.-based
terrorist recruiting and financing cell." 

The evidence prosecutors plan to use at the trial, which is scheduled for
October, includes statements Salah made after his January 1993 arrest in
Israel on terrorism financing charges. He served five years in Israeli
prisons before returning to Chicago. 

The soft-spoken, Palestinian-born Salah, who has worked as a substitute
teacher in Chicago public schools, has long claimed that he made the
statements only under torture at the hands of police and interrogators for
Israel's Shin Bet internal security service. 

Salah's legal defense team headed by Chicago attorney Michael E. Deutsch
told St. Eve that he was stripped naked, forced to sit in an uncomfortable
children's chair, slapped, left for long periods in a tiny freezing cell and
subjected to a variety of other tortures. They said he also was forced to
listen to music at high volume for long periods. 

St. Eve held that he was not tortured when he gave statements to two Shin
Bet interrogators known as Haim and Nadav who testified at the Chicago
hearing. But she said prosecutors had failed to prove their case when it
came to a statement he gave an Israeli police officer named Suleiman. 

"Because the court finds that the government has met its burden by proving
by a preponderance of the evidence that defendant voluntarily made the
majority of the statements at issue, the court denies the defendant's motion
in large part," St. Eve said. 

She allowed prosecutors to present the statements given to Haim and Nadav to
the jury but barred them from using the statement Salah gave to Suleiman. 

Deutsch said in a telephone interview following release of the opinion that
"it comes as a disappointment but it does not come as a surprise." 

"She systematically chose to believe these Israeli secret police as if they
were FBI agents," he said. He said he would present the claims of torture to
the jury at the trial and hope it would find them more credible than the
judge did. 

A spokesman for the U.S. Attorney's office, Randall Samborn, declined to
comment. 

Considerable secrecy surrounded the 13 days of hearings. Haim and Nadav
testified under the so-called "code names" adopted to provide them the
anonymity prosecutors said was needed to protect them from possible
terrorist reprisals when they returned to Israel. 

The courtroom was cleared when they testified and federal marshals sealed
off the hallway outside to prevent anyone from seeing the two men through
the window in the courtroom door. 

Even then, Haim and Nadav at times testified under Classified Information
Procedures Act provisions behind closed-doors in the judge's chambers with
defense attorneys shut out. 

But the defense attorneys had ample opportunity for cross examination, St.
Eve said. 

The secrecy continued with St. Eve's opinion. There were two versions of the
document, one of which contained classified information available only to
those with security clearances. 

The public version had a number of white spaces where classified material
had been redacted. 

Due to stand trial alongside Salah is Abdelhaleem Hasan Abdelraziq Ashqar,
48, of Alexandria, Va. Also charged in the case is Mousa Mohammed Abu
Marzook, formerly chief and now deputy chief of the Hamas political bureau. 

Prosecutors say Marzook is believed to be living in Syria, and consider him
a fugitive. 


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