|
Summary of Court Hearing from January 11 |
 |
 |
 |
|
Aafia Siddiqui vs USA
The following is a summary based on a compilation of eyewitness accounts (It is not a transcript or complete account of a hearing that lasted about 2 hours):
The hearing was held at 2:30PM in courtroom 21-B of the federal court in Manhattan under presiding judge Richard Berman.
Approx 6 reporters and 25 -30 people where in attendance, mainly supporters of Dr. Aafia.
Dr. Aafia was brought to court by two US marshals, this time including one female officer.
- Upon arriving, Aafia made a public appeal that "no revenge should be taken in her name," reminding the spectators that "Prophet Muhammad forgave those who did injustice to him."
- She also stated that she did not accept the defense team as her lawyers and she relieves them and is boycotting the trial.
- Then she sat down, remaining silent for the duration of the proceedings.
The purpose of the hearing was to determine what evidence will be allowed in the trial.
The key points made were:
Prosecution categorically stated that they will not be alleging that Aafia is a member of Al-Qaeda or any terrorist organization, the Taliban or etc., but they wanted to be able to use these phrases in the context of the trial.
Defense objected to that as being highly prejudicial. Judge Berman did not rule.
The prosecution also wanted to bring Aafia's education into evidence to show that she studied at MIT and therefore had knowledge of sciences and chemicals. The defense objected that there is nothing in charges about any chemical weapons. They reminded the court that the government had limited this case to just the shooting and now wanted to bring in selective outside information only to confuse and prejudice the public and cover up the holes in their case.
Again the judge did not rule.
The defense wanted to exclude any items claimed to be on Aafia person since the Afghan police who arrested Dr. Aafia would not be brought to court and two of the Afghan police officers were NOT even able to identify Aafia as the person they arrested! The defense then argued that any materials allegedly in Aafia's possession would be heresay.
The defense argued that Aafia simply did not do any of what is in the charges. The forensic evidence showed the following:
- No fingerprints on the gun
The asserted that only shooting that occured was that Aafia Siddiqui was shot.
The defense stated that based on all the evidence they have been shown, they are so confident that Aafia never even touched the gun, that the would concede "intent" if it could be proven that Aafia in fact picked up the gun.
They would question the credibility of any witness that claimed otherwise.
The defense wanted to limit expert testimony regarding importance of fingerprints. Prosecution argued that lack of fingerprints was not unusual.
The defense wanted to show video deposition of Afghani police. The judge said he was uncomfortable with technology but would consider it and he put the onus of providing equipment on the defense.
The defense pointed out that one of the FBI agents who initially went to the scene has a history of disciplinary action and that history should be brought into the case. The prosecution stated that it was not relevant.
The judge stated that he will issue his rulings on wednesday, January 13 at 9:00AM.
The jury selection is set to start on January 13 at 10:00am after judge's rulings.
Judge Berman did not allow jury questionaire and said he will decide what questions the defense is allowed to ask potential jurors. He wanted to limit the number and type of questions to allow for quick jury selection. This will make it hard for the defense to filter potetially prejudicial jurors.
The defense reuquested that any jurors with Indian or Hindiu sensitivities be disqulified because some of Aafia's statements could be misconstrued to seem unfavorable to those groups.
No Daubert hearing for expert witnesses will be held.
The prosecution's experts will be admitted despite defense objectoins to their qualifications.
The defense complained that the prosecution has still not turned over the list of witnesses they intend to call so defense has no idea who those witnesses are. It had previously been agreed that the defense would get those names at least 1 week before the start of trial which meant start of jury selection per the judge. The judge agreed, but the prosecution argued that the judge moved the date up one week and they now wanted start of trial to be defined as start of opening statements so they will give the list of names by end of day on jan 12. The judge let the prosecution redefine the date. The prosecution also said they would only give names, no other information. The defense objected as that gives them no way to prepare properly to examine the witnesses.
There were procedural issues that needed resolution between defense and prosecution which the judge asked the 2 sides to resolve among themselves.
The defense again asked about allowing Aafia to be spared the strip searches and have a video link. The judge said he wanted now for her to have the right to confront her accuser so she must be forced to court.
(It should be noted that the defense made the argument that if Aafia's ability to face her accusers is so paramount, why is this not applied to the "evidence" when those who accuse her of having this evidence are not being brought to court and so she has no right to confront them? However she still must be strip searched and brought to trial against her will for the sake of this same right?)
At the conclusion of the hearing, Aafia made one appeal to the public saying that she was for peace and wanted to help. She said that she was not against America and many injustices are being done to her. Many people in the audience cried as the U.S. mashalls again focibly removed her, physically pushing her at times.
The defense lawyers pleaded with the US marshalls and the MDC prison legal representative, Christa Colvin, to allow even a 5 minute meeting between Aafia and her brother but the US marshals refused. When her brother attempted to say a few words to her, the marshals turned Aafia's head away so she could not respond.
|
Archives 