TAMPA, Fla., Dec. 21 (UPI) -- Contempt charges against a former Florida professor convicted of conspiring to help terrorists could collapse because of prosecutorial missteps, experts say.
Contempt of court charges may soon be dismissed against Sami Al-Arian, a former University of South Florida professor who pleaded guilty in Tampa to a federal terrorism-related conspiracy charge in 2006 after a jury acquitted him on some charges and deadlocked on others in 2005, the Tampa Tribune reported Sunday.
While serving a 19-month sentence for conspiring to aid the Palestinian militant Islamic Jihad this year, al-Arian was subpoenaed to testify in a broader investigation of Islamic charities allegedly operating as fronts for terrorist groups. But he refused to do, arguing that his Tampa plea deal protected him from having to cooperate.
Judges ruled against al-Arian and ordered him to testify, but defense attorneys say those rulings were tainted because Assistant U.S. Attorney Gordon Kromberg failed to notify the judges he had added novel language to a routine immunity document that made al-Arian legally vulnerable, the Tribune said.
"I would not be surprised to see some sort of relief given to Mr. al-Arian … . He might have the criminal charge dismissed," Charles Rose, a law professor at Stetson University, told the newspaper.
A ruling on the request for dismissal is expected Jan. 16 in Virginia.
