By Vic Walter And Krista Kjellman

Aug 1, 2006 1:50pm

Will There Be a Secret Jury for Trial of Alleged Hamas Operative?

An alleged high-level operative of the militant group Hamas.  A 15-year-old racketeering conspiracy?  And a secret jury? That is what federal prosecutors are requesting in the trial of Mohammed Salah, a U.S. citizen who they allege is a top operative for the Palestinian organization Hamas, assisting the organization from recruitment and training of new members to financing the terrorist activities of the Al-Qassam Brigades, the militant wing of Hamas.  Hamas has claimed responsibility for participating in the attack on an Israeli outpost, which led to four Israeli casualties, the kidnapping of an Israeli soldier and the opening up of attacks between Israel and militants in the Gaza Strip. In the "Government’s Motion for an Anonymous Jury," the government accuses Salah and others of conspiring to conduct and participate in the affairs of Hamas, which has been deemed a terrorist organization by the U.S. State Department since 1997.  The government alleges Salah participated in 15 years of racketeering activity that included "state murder conspiracy, material support of terrorism, money laundering, and obstruction of justice." The federal prosecutors state, "The nature of the charges and the evidence supporting the charges are such to place jurors in reasonable apprehension for their safety."  The motion has yet to be ruled on by the Northern District Court of Illinois.  If granted, jurors selected beginning Oct. 12 would not have their and their spouse’s names and addresses revealed.  Instead, they would only be required to disclose their general area of residence.  For example, they would identify only the name of the suburb or neighborhood in Chicago in which they live.  Anonymous juries fall under the discretion of district courts and were first used in the Northern District Court of Illinois in the 1992 case, United States v. Crockett.  Although usually reserved for trials involving organized crime, secret juries can be used whenever it is deemed "there is a strong reason to believe the jury needs protection," and safeguards are taken "to minimize any prejudicial effects on the defendant and to ensure that his fundamental rights are protected." The next hearing in the case involving Mohammed Salah is set for Aug. 9, and the trial is scheduled to start this October.  Salah is currently out of jail on bail and is confined to his home in Bridgeview, Ill. by the judge’s order.

Leave a Reply

Do you have more information about this topic? If so, please click here to contact the editors of ABC News.