Unbaised Jurors Hard to Come By in Padilla Trial

The memories of the 9/11 attacks are proving to be a problem for Jose Padilla as dozens of potential jurors are unable aside their feelings in the alleged al-Qaida terrorist support case.^[1] One potential juror asserted that he believed Padilla and his two co-defendants were already guilty because of: ``9/11.''^[2]

The “9/11” response is scattered rampantly throughout the throughout the more than 440 detailed questionnaires returned as of Thursday by potential jurors for the trial of Padilla, Adham Amin Hassoun and Kifah Wael Jayyousi.^[3] “After the 9/11 acts and other acts around the world, it would be difficult to listen and not think they are guilty…I cannot tolerate terrorism. It's time to put a stop to it.'' a 23-year-old woman wrote in her questionnaire, other responses included ``I've seen on TV that the defendant Padilla wanted to detonate a dirty bomb,'' from a 44-year-old man; ``I haven't formed an opinion because I don't know all the facts…I try to keep an open mind, but it's difficult with so many Arabs tied to terrorist organizations,'' from a 27-year-old man.^[4] Other jurors said they link Islam and Arabs with the 2001 attacks, as well as with terrorism or global violence in general.^[5]

At a hearing, U.S. District Judge Marcia Cooke decided one by one whether to keep or remove nearly 100 others the two sides could not agree on. ``I think any right-minded person would have negative feelings about 9/11. It's whether they can put their feelings aside and decide this case,'' the judge said.^[6] Cooke also asserted that her test wasn't whether a juror had some feelings or opinions about terrorism or the Sept. 11 attacks, but whether they would be able to be fair and follow the law.^[7]

The defendants are accused of being part of a North American support cell that funneled recruits, money and supplies to Islamic extremist groups around the world. All three have pleaded not guilty and face potential life prison sentences, with trial scheduled to begin April 16.^[8] The Padilla case has no direct connection to the Sept. 11 attacks, and defense attorneys want all mentions of the date kept out of the trial so that jurors are not improperly influenced by their emotions.^[9]

We have previously discussed the crime of providing material support to terrorists, here.

We have also discussed Jose Padilla’s case exhaustively on this blog; these discussions can be accessed here.

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^[1] Curt Anderson, Potential Padilla Jurors Show Bias, AP (via The Guardian UK), March 30, 2007.
^[2] Id.
^[3] Id.
^[4] Id.
^[5] Id.
^[6] Id.
^[7] Id.
^[8] Id.
^[9] Id.