Al-Arian Attorneys Argue For Release From Duties

By LENNY SAVINO lsavino@tampatrib.com

Published: Jan 28, 2006

TAMPA - Just why a nationally acclaimed defense lawyer and his Tampa partner would seek to abandon Sami Al-Arian after their victory in his terror-support trial was the question of the day in federal court Friday.

"I don't feel like I'm abandoning the ship. ... We worked for two years getting ready for trial, and Dr. Al-Arian was not convicted of anything," said William Moffitt, Al-Arian's chief counsel and former president of the National Association of Criminal Defense Lawyers.

Moffitt and his Tampa partner, Linda Moreno, filed a motion this week detailing why they wanted out. The motion was sealed by Judge Thomas B. McCoun III.

The judge agreed with Moffitt's reasoning that any public discussion of the reasons might sway prospective jurors against Al-Arian in a possible second trial.

Al-Arian appeared next to his attorneys in court Friday, perhaps for the last time. Despite his acquittal on eight charges of supporting a terrorist organization, and a hung jury on nine more, he has not been allowed out on bail.

Prosecutor Terry Zitek said a second trial on the nine remaining charges might last two months. The first trial lasted five months.

On Friday, McCoun began the hearing by rejecting motions from The Tampa Tribune and the St. Petersburg Times that Moffitt's motion should be unsealed so the public can learn of the reasons for the lawyers' withdrawal.

If it's a squabble over getting paid, that's legally not enough to exclude the public, argued Jim McGuire, the Tribune's attorney.

McCoun disagreed.

Questionnaires for the prospective jurors are being prepared for the second trial.

"We are operating in a pretrial posture," the judge said, and in light of widespread news reports about the case, prospective jurors could be influenced.

McCoun then banned reporters and the public from the courtroom while Moffitt and Moreno presented their pleas to withdraw.

About an hour later, the judge allowed everyone back in, saying he would consider the defense lawyers' requests and issue a judgment by Feb. 11.

After court, Moffitt, 57, hinted that his exit was prompted by the prospect of the fatigue and stress of another long trial.

During the first trial, he was suffering with ailing knees and kidneys. He had lost about 30 pounds and was dozing during proceedings. Now his right knee is beset with arthritis, he said, and may need to be replaced. The kidneys have been a problem for a long time.

"I am so proud of the work we did," Moffitt said. "We extended every effort on Dr. Al-Arian's behalf, but at the end of the day, how much can be expected of us?"

Attorneys for Al-Arian's co-defendants, two of whom were acquitted of all charges, say the departure of Moreno and Moffitt would be a huge loss.

"I would love for them to still be involved in the case," said Kevin Beck, the attorney for Hatim Fariz, who also faces a second trial. "Anybody who saw Bill Moffitt's closing arguments witnessed the magnitude of his skills."