Why Habeas Corpus, the Hamad Project, and the Duke Lacrosse Case Are All Related

By: Catzmaw
Published On: 1/15/2007 4:43:10 PM

In response to my post about Mr. Stimson I received an invitation to view this website:  Project Hamad

The invitation came right on the heels of my having seen most of the 60 Minutes report on appalling and flagrant prosecutorial misconduct in the Duke lacrosse case. 

As the Stimson incident demonstrates there is among our leadership a disregard for the rule of law and the principles of fairness shocking to all Americans who regard them as the bedrock of our society.  It is not ethnicity or religion which makes us Americans, but our abiding belief in the principle that all are created equal and the laws should apply equally to all.  It is our inherent suspicion of power which gave us our system of checks and balances, and our belief that all accused persons should have the right to confront their accusers and examine the evidence and test the witnesses which makes our system great. 

The Duke lacrosse case shows that in the face of abiding prosecutorial ambition, incompetence, and outright dishonesty even the rich and privileged in this country may find themselves branded as criminals and prosecuted, despite proof of innocence.  Does anyone seriously think this was an isolated instance?  What would cause an experienced prosecutor to so casually hide exculpatory evidence and manipulate the findings in the case?  A pervasive culture of corner-cutting and lax ethical standards, that's what.  He did it because where the defendant is not a rich white kid with dedicated and determined parents and aggressive and competent legal representation he gets away with it.  The Duke case demonstrates why we have to have standards of evidence and discovery in criminal cases.  What would have happened to these boys if their lawyers had not been able to scrutinize the evidence, the reports, and hire their own expert? 
Then there is Adel Hamad.  He is described as a father of four from Sudan who was working at a hosptial run by an NGO called World Assembly of Muslim Youth (WAMY) in Pakistan, distributing food and clothes, etc.  WAMY is alleged to possibly support "terrorist ideals".  Mr. Hamad was arrested in his bed in the middle of the night and sent to Gitmo, where after several years of incarceration without charge he was given an administrative review hearing, at which he denied that WAMY is a terrorist organization and asked why he, an employee, would be arrested rather than the CEO or administrators.  The review panel voted to keep him, but with a lone dissenter:

The U.S. Army Major, who dissented in his case, concurred: "Even if elements of certain NGOs provide support to terrorist ideals and causes that is insufficient to declare an employee of said NGO an enemy combatant; to do so would lead to unconscionable results: one would have to declare all physicians, nurses and aid workers of any suspect NGO as enemy combatants; the ramifications of such logic would lead to unforeseen and unconscionable results."

Article 20 of the 4th Geneva Convention states: Persons regularly and solely engaged in the operation and administration of civilian hospitals, including the personnel engaged in the search for, removal, and transporting of and caring for wounded and sick civilians, the infirm and maternity cases, shall be respected and protected.

The report goes on to state:

The dissenting [Major said] "The fallacy of logic that seeks to classify Hamad as an enemy combatant because he many have come in contact with al Qaida member in the course of providing aid to refugees, or teaching at a school, would also provide support that a local merchant who 'came in contact' with al Qaida members could be detained as an enemy combatant."

... Interviews with Dr. Sailani, and Dr Roghman (both WAMY hospital physicians) and Dr Najib (the hospital director and general surgeon) reveal that Hamad never spoke about politics, that there was no anti-American activity at the hospital and that Hamad did not have contacts outside the hospital grounds.

So far, no other evidence aside from a possible tenuous guilt by association has been leveled against Mr. Hamad.  There is no evidence that he's ever picked up a weapon, been on a battlefield, or even expressed approval of terrorist activity.  However, Mr. Hamad does not have the right to bring a petition for a writ of Habeas Corpus because the Administration, with the connivance of Congress members who appear to fear this ancient curb on arbitrary and capricious detention as much as they fear terrorists, gutted this essential writ and made it unavailable to him. 

Do we really want guys like Stimson making the decisions about who should be incarcerated indefinitely?  Are we that afraid of our own system of justice that we cannot use it to sort out the good from the bad?  Can we not even extend some form of protection against fear-based and fear-mongering prosecutorial excess against the defenseless, whether they be good or bad?  If Mr. Hamad is a terrorist then show me, and I'd be happy to lock the door on him permanently, but give the man the right to know what evidence exists against him.  It's basic fairness. 

Cross posted to Catzmaw's Commentary


Comments



"Abiding prosecutorial ambition, incompetence, and outright dishonesty" (Andrea Chamblee - 1/15/2007 6:16:54 PM)
You just described the President and his cronies. I thought of little else but the people interned at GitMo during that 60 Minutes segment. I don't usually watch 60 Minutes anymore, but I've met one of the parents - he's a local.

I don't think anyone should be surprised that strippers have troubled pasts and trouble with present reality. It tempts fate to expect a guilt-free, drug-free, problem-free encounter. The students paid a high price for their stupidity. However, throughout the segments I couldn't help thinking that if they were poor, the price would've been much higher. The prosecutor would be running for governor on his "tough on crime" platform.

Most people at GitMo are there because neighbors in their home countries, filled with either hate or hunger or both, pointed them out for the $10,000 bounty the US was paying. Ambition, incompetence and dishonesty drove those arrests.

This opportunism in NC and on the national level happens too often in the US, also.  You may remember the case of the New York jogger almost killed by 6 wilding teenagers? The teens were denied sleep and a lawyer until they were so tired they just confessed to it all. The actual culprit raped and killed again before he was caught. So much for a prosecutor who was "tough on crime." She was writing books at the time, and works in TV.

When we dump so many resources into monitoring and persecuting the innocent as at GitMo, in dragnets of personal information, and by sending soldiers in the wrong country, we miss the real criminals and we create even more.



Oh yes, the false confession (Catzmaw - 1/15/2007 6:39:08 PM)
Last year I went to a legal seminar which featured a segment on false confessions.  If you want something nightmarish to think about that's a good one.  Many people do not believe an innocent person will confess after an interrogation which does not feature any physical abuse, but it's an increasingly common problem.  Investigators are taught techniques to make defendants talk, but it is becoming evident that the techniques are too effective and can ensnare the innocent.  I have personally represented people who told me they confessed to the crime not because they were guilty but because they were promised they could go home or would not be prosecuted.  They are shocked to discover that deceit is an accepted part of police interrogation techniques. 


Do you remember the 1993 movie "In the Name of the Father"? (Dianne - 1/17/2007 11:33:57 AM)
It was the true story a Gerry Conlon's coerced confession to an IRA bombing he didn't do and the imprisonment of his father as well.  It's one of my favorites. 

The trailer:  http://www.imdb.com/...

It's available on DVD and VHS.  It's a poignent reminder of overzealous prosecution then and should be a "heads up" notice to understand what is happening now.



I'm way behind on my movie viewing (Catzmaw - 1/17/2007 12:38:14 PM)
but remember reading about this movie and the issues it raised. The vast majority of police and prosecutors who are guilty of this type of behavior don't set out to nail innocents but regard themselves as getting around sticky rules which hamper their prosecution of people who are "probably" guilty.  It's hubris, plain and simple.  They think they know the facts but the "technicalities" are getting in their way.  Who among us hasn't sat through a cop buddy movie enjoying the sight of our heroes flagrantly violating rules of evidence and procedure in order to get the bad guys in the end?  A fun fantasy, but should not be seduced by the thought that the only thing standing between punishment of the guilty and the guilty getting off scot free are silly rules.  Unfortunately, I have actually talked to police officers who tell me with a straight face that they have developed an "instinct" for guilt and believe fervently that they always know when someone is lying.  When these same officers decide the rules don't appy to them, how long before injustice happens?  And prosecutors will oftentimes turn a blind eye and refuse to question this suspect behavior. 

Back in the early 90s there was a particularly egregious case of the police, with the connivance of eager-to-convict prosecutors and a self-described "footprint analyst", arresting and prosecuting three young men for the brutal rape and murder of a 10-year old girl in her home -- I think in Illinois.  One was badgered into a false confession and his testimony put the other two on death row.  Later, it developed that the footprint analyst's work was pure fiction and not supported by any standards of scientific objectivity.  She was taking cases across the country, with footprints and suspects' shoes being sent to her, and inevitably she found correlation, even of height and weight based on the depth of footprints, which no other forensic scientist claimed to see.  Another man on death row then confessed to the murder and gave details which could only have been known to the murderer.  The witness against the two men recanted and said he'd been threatened with death row if he didn't testify and was fed details of the crime by investigating detectives.  The senior detective on the case committed suicide.  A tragedy for all concerned, and two innocent men almost lost their lives. 



The Duke boys are innocent! (DanG - 1/17/2007 3:35:33 PM)
I truly believe they did nothing wrong, and this woman is taking advantage of their status.  Horrible.


I would describe her as troubled (Andrea Chamblee - 1/17/2007 7:15:17 PM)
I think it is the prosecutor using her and the students for his ambitions. Many state prosecutors want to be governor some day. And we help them by expecting them to "close the case" in the same time as a 21-minute TV show. As Katzmaw said, as long as we reward peace officers and prosecutors with the title "Tough on Crime," they will trick themselves into thinking they should work around the system. I remember a case in Tulia, Texas, where police office Tom Coleman planted cocaine on 40 or 50 people, all African Americans, to get them arrested. It was almost half the black population in the town! Many were in jail for years before the fraud came out.

As to forced confessions, you don't even have to use real force. Sleep deprivation and fear are very effective and work in just a few hours sometimes.

All that being said, these boys were too smart and too rich to have to hire a stripper from a "service" so disreputable that it didn't even provide security for the girls. The studies are far from perfect, but most studies show many of these workers are troubled and have been abused; few are completely sane and drug-free. They should have known that, yet they were prepared to use her. Now, if stupid were a crime, we'd all be in jail for a little while or longer. But that was really folish.



Innocent of Rape and Sexual Abuse, Guilty of Rank Stupidity (Catzmaw - 1/17/2007 7:37:19 PM)
I agree with Andrea when she points out that saying they didn't do the crime doesn't mean they don't bear responsibility for the sheer squalidness of hiring a stripper. Strippers are most often drawn from the ranks of the poor, drug and substance addicted, often abused women who can't think of how else to make a few bucks.  This young woman is said to be bipolar and was taking medications.  If she was off her meds, or her meds were out of balance, or she was extremely intoxicated (which seems likely), then she may have had a manic episode.  Some bipolar sufferers having manic episodes suffer from hypersexual behavior and psychotic or delusional thinking.  Hard to say where she was coming from, but given that she apparently had recently had sex with several men before going to the stripping gig she may have jumbled a lot of things together in her befuddled brain.  This confusion and unreliability would have been immediately evident with a proper investigation and thorough questioning.  Again, shame on Nifong and company.

As for the whole stripping thing, it's a shame that the coaches chose to turn a blind eye to the hijinks at the team house rather than take the time to educate these young men about their responsibility to act responsibly in their community rather than to think of the local people as resources for tawdry behavior and females ripe for exploitation.  Even taking away the specious rape charges hearing about what really went on in that house leaves me wanting a shower. 



Coaches blind eyes (Andrea Chamblee - 1/17/2007 7:51:08 PM)
Apparently this was a yearly party for the lacrosse team. I guess the 2007-08 lacrosse Bacchanalia will be delayed for at least a year, till they forget...