Dec. 16, 2004

Justice, American-Style

Visiting days at Coleman Federal Penitentiary are Mondays and Fridays, and every other Saturday and Sunday. Sami Al-Arian won't be able to see his family for a week. Why? Because there was a lock-down on the two days they were planning to visit. In fact, he won't even be able to hear their voices for a week. Why? Because he is only allowed one fifteen-minute phone call a month. And on top of that, he is in the Special Housing Unit (SHU) in solitary confinement, where he has spent most of his time for almost two years. Of course, this must be because he has been convicted of a serious crime. Wrong! He has not been tried, and the prosecutors have not even produced all of the evidence against him.

After a brief stay at the Orient Road Jail (2 1/2 months), Sami Al-Arian and co-defendent Sameeh Hammoudeh were taken back to Coleman last Tuesday. They were woken up by U.S. marshals early in the morning and told to take off everything but a t-shirt, light pants, and paper shoes. They were shackled and handcuffed before leaving for the court, where they waited until about noon. Next, they were taken to the airport to join other inmates from all over the United States on a bus leaving for Coleman. Dr. Al-Arian had many boxes of legal documents that were important for his upcoming trial, but the U.S. marshals only let him take one box. He and Mr. Hammoudeh spent the entire day shackled and handcuffed, and without food, and finally arrived at Coleman at night.

When they arrived at Coleman, there was no place for them but they were finally put in a cell which apparently had very recently been vacated by other inmates. Some of their belongings were still there, the toilet was unflushed, and it was very filthy. They were told there were no clean overalls available, but this was not true because Dr. Al-Arian was able to trade with an orderly for clean overalls. The deafening noises of fire alarms and prisoners shouting and screaming started immediately, and it continues night and day.

And how were they greeted at Coleman? The administrators said, "Why did you come? Don't you have a trial that is coming very soon?"

Yes, they do, and the difficulty of preparing for it is greatly increased in a federal penitentiary. For example, when Sami and Sameeh asked the guards to bring them the boxes that were left at Coleman from two months ago, the guards told them they would have to wait their turn, since many others were also appealing their cases. They guards were surprised to hear that Sami and Sameeh were not appealing – they had not even been tried yet! However, they still did not bring the boxes. As for the boxes left in Tampa, Sami's lawyer Linda Moreno was forced to drive to Coleman to deliver them. So she drove for three hours (round trip) to deliver them and was able to see her client for 15 minutes.

Ms. Moreno has also made the judge aware of several problems. When she talks to her client on the telephone, Sami is handcuffed and his hands are tied to his waist so that he can't even take notes. When she visits him at Coleman, the trip entails an hour and a half of driving
(each way), and there is at least a one hour wait to get in. Visiting hours end at 3:00, and so that is when she must leave. In addition to the usual problems, because of the lock-down, Sami's lawyers have not been able to see him at all. Normally lawyers have unlimited
access to their clients when preparing for a trial – but Coleman is not a normal place for pre-trial detainees. Sami and Sameeh are the only inmates there who have not had a trial.

If you are wondering why this is happening, write to Judge McCoun and Judge Moody and ask.

The Honorable Thomas B. McCoun III
Sam M. Gibbons U.S. Courthouse
801 N. Florida Ave., #223
Tampa, Florida 33602-3800
(E-mail messages can be sent to his attention at
sonya_cohn@flmd.uscourts.gov)

The Honorable James Moody
Sam M. Gibbons U.S. Courthouse
801 N. Florida Ave.
Tampa, FL 33602-3800

If you are wondering why the civil rights groups such as the ACLU are silent, ask Howard Simon or Randall Marshall of the ACLU.

Howard Simon, Executive Director, ACLUFL Hsaclu@aol.com
Randall Marshall, Legal Director, ACLUFL rmarshall@aclufl.org