I am not a lawyer, but if
I were to give one piece of advice to terrorism defendants, it would be to take
a plea deal if it is offered.
In November 2005 Uzair
Paracha was prosecuted
for material support for terrorism, among other charges.
Majid Khan was a US
resident who returned to Pakistan in 2002 to visit his wife without giving required
notice to the American Immigration Department. At Uzair’s trial, prosecutors argued
that Uzair posed as Khan in order to give immigration authorities the
impression that Khan had not left the U.S. Prosecutors said that Uzair posed as
Khan while on the phone with immigration authorities, used Khan’s bank cards,
and also agreed to obtain travel documents for Khan and bring them back to
Pakistan.
Prosecutors argued
that if Khan had been able to return to the United States, he would have
attempted to enact a terrorist plot to blow up gas stations in the US.
At the trial both the
prosecution and defense agreed
that Majid Khan was a member of Al Qaeda. Uzair said that at the time he made
the call, he did not know that Khan was a member of Al Qaeda. Prosecutors
argued that he did.
Among Uzair’s belongings, US
investigators found
Khan’s bank card, social security card, driver’s license, and a handwritten
list of instructions from Khan directing Paracha on how to pose as Khan when
talking to the Immigration department. US investigators also found that Uzair
had a key to the post office box where Khan’s immigration documents were to be
sent.
Prosecutors said that
Uzair admitted
to the FBI that he had known about Khan’s terrorist connections when he made
the call. One of Uzair’s Defense attorneys, Edward Wilford, said the FBI had denied
Paracha food and sleep and strip searched him during endless hours of
questioning, “the ideal conditions to create a false confession.''
Uzair’s defense attorneys
were not allowed to question Majid Khan or Ammar al-Baluchi, another accused Al
Qaeda member, even though both were in CIA custody at the time. A statement
created from US interrogations of the two men was provided to the defense. The
statement said
that the two members had said that, “neither Paracha nor his father, knowingly
aided al-Qaeda.”
Uzair was offered
a 22 month plea deal that amounted to little
more than the prison time he had already served. Uzair turned down the plea
deal and insisted on his innocence.
In November 2005 Uzair was
convicted
of material support for terrorism, conspiracy to provide material support for
terrorism, providing funds, goods, or services to Al Qaeda, conspiracy to
provide funds, goods, or services to Al Qaeda, and identification documents fraud
committed to facilitate an act of international terrorism.
In July 2006 Uzair was sentenced
to 30 years in prison.
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