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Boca Raton Doctor Testifies in Terror Trial, It Goes Badly

Once again, that old adage, the man who defends himself has a fool for a client, comes to mind.

Last year I wrote about Boca Raton physician Rafiq Abdus Sabir who was arrested and charged with providing material support to terrorists.

The trial is taking place now in New York. The other co-defendants pleaded guilty but Dr. Sabir wanted to go to trial. He is representing himself.

He testified today, and things did not go well for him. Look what the prosecutor got into evidence:

Sabir, a polygamist who has had four wives (though never more than two at once), also appeared unapologetic as he talked about a domestic dispute in 2002. He was accused of disappearing with his two young children on a trip to Pennsylvania without telling their distraught mother.

When she found him, they got into a tug-of-war over their four-year-old, and the wife wound up with a cracked tooth. Sabir fled with the kids, and, after an interstate manhunt, landed in jail. His wife refused to press charges.

"I don't need her permission to take my children," Sabir said. "I don't need to tell her where I'm going."

The doctor was also questioned about his anger over having to repay student loans. And, finally, this:

He reacted defiantly again as he was questioned about a time he slapped a daughter and handcuffed her to a radiator for failing to dress quickly enough for school. "She punched me in my face!" Sabir said, saying that was why he slapped her.

I have no idea if the charges against Sabir are true, but he sure isn't presenting a sympathetic portrait of himself for the jury. And, I can't help but wonder if he had a lawyer, whether these domestic incidents or his polygamy would have come in at all.

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    Truth (1.00 / 1) (#1)
    by jimakaPPJ on Fri May 11, 2007 at 10:01:44 PM EST
    It appears that the truth was brought forth for all to see. That it was an ugly flower that we would hope stays in the rocks at the side of the garden is  obvious.

    I'm just wondering (none / 0) (#2)
    by Freewill on Sat May 12, 2007 at 01:15:23 AM EST
    if he has ever burned the American Flag. If he has and the prosecutor can provide the proof; Game Over! Everyone knows that a disrespectful act like Flag burning is a sure sign that the burner is a terrorist. <sarcastic remark for those who need the warning>

    Sabir, a polygamist who has had four wives

    Wow, I hope people don't start viewing polygamist as Terrorists. If they do Utah and Mitt might have some witch hunters look'n to dunk them in the old lake a few times <sarcastic remark again (S.R.A.)>

    he talked about a domestic dispute in 2002. He was accused of disappearing with his two young children on a trip to Pennsylvania without telling their distraught mother.

    My gawd! Now it's getting scarier for all those weekend dads who have gone through a bitter divorce battle. <S.R.A.>

    "I don't need her permission to take my children," Sabir said. "I don't need to tell her where I'm going."

    Replace the name Sabir with Bubba and now it becomes an every day occurrence here in the U.S. <S.R.A.>

    The doctor was also questioned about his anger over having to repay student loans.

    Now I can buy this evidence. This completely demonstrates his hatred towards America and a strong urge to want to blow ones self up. I once got into a conversation with this guy who I questioned his patriotic loyalty to society. That guy was really upset about having to pay School taxes when he opted to send his children to a private school. He seemed very angry about having to pay that tax even though it happened years in the past. I truly, based on how angry he became over paying taxes, became afraid for the Sears Tower in Chicago. <S.R.A.>

    He reacted defiantly again as he was questioned about a time he slapped a daughter and handcuffed her to a radiator for failing to dress quickly enough for school. "She punched me in my face!" Sabir said, saying that was why he slapped her.

    Boca Raton - south of the Mason/Dixon line if I'm not mistaken. I would be very interested in what he was wearing himself when the slapping incident happened. Was he wearing a button down shirt or a white tank top commonly referred to by some as a "Wife Beater"? If he was wearing the tank top I really don't think that this could be construed as being connected to any terrorist organization. However, if it was any other type of shirt now we might be talking about a serious crime in the South. <S.R.A.>

    "...handcuffed her to a radiator" Only a couple of years ago and this type of incident wouldn't have even been construed as violent deep down thar in the South. If I recall recent history correctly the South had a so called "Neighbor Hooded" watches that helped to clean the area by hanging the "undesirables" to trees. <S.R.A.>

    "...for failing to dress quickly enough for school."
    Boca Raton - according to Wikipedia has several public schools that are managed by the Palm Beach County school district and there are "several notable private and religious schools." there as well. It would be interesting to see what school he sent his children to be educated. <S.R.A.>

    After reading about his Terrorist ties I'm left wondering about why he would do these things to his daughter for "failing to dress quickly enough"? Was it because she didn't have her Burqa on in a timely manor? <once again S.R.A. alert>

    Just a thought... Maybe I should change my S.R.A. alerts from a text based alert to a color coded degree of Sarcasm. I believe the color coded alert system works much better in this post 9/11 age. <S.R.A. or Red Alert - Serious Chance of a Sarcasm Attack - Duct Tape Your Monitors and Fear Everything>

    ...but he sure isn't presenting a sympathetic portrait of himself for the jury.

    I agree with you Jeralyn, he's not doing a great job. But, so far he's being portrayed as someone most people know already. A divorced, polygamist, hand cuff wielding, daughter scolding, obligation repaying, Southerner with a short temper. I hope the courts and juries around the country hold these virtues accountable to everyone. Most importantly I hope he doesn't "Swear to tell the truth, nothing but the truth, so help me Allah! <Sarcastic Alert Index - Code Red>

    BTW Freewill (none / 0) (#6)
    by jimakaPPJ on Sat May 12, 2007 at 09:10:41 AM EST
    A divorced, polygamist, hand cuff wielding, daughter scolding, obligation repaying, Southerner with a short temper.

    The phrase is:

    An Ameican by birth. A Southerner by the Grace of God.

    He is neither.

    Have a nice day. It must be a hard life carrying all that hate around.

    Parent

    What give you the right to accuse me of HATE? (none / 0) (#8)
    by Freewill on Sat May 12, 2007 at 10:54:17 AM EST
    Have you been ordained Jim to be able to diagnose HATE? Can you merely diagnose HATE through written conversations? Is HATE in your world Jim, everything that you do not agree with? Is it that easy to conduct a Bill Frist long distance style diagnosis on a patient and be 100% certain that your diagnosis is correct? Wow, you must be an agent of God for you to be able to penetrate my inner most thoughts and feelings.

    Funny, I thought you were against Hate Crimes which are also commonly referred to by many as Thought Crimes.

    It is perfectly logical to be against Hate Laws and also be against terrorists. - jimakaPPJ Sun May 06, 2007

    If you are against Hate laws Jim but yet you accuse those whom think and question instead of simply following the predesigned transcripts given to us by this Administration and its A.M. Talk Radio bullhorns, why do you accuse me of HATE?

    Where's your proof Jim? Got Links to support your claims? I know that you like to support your accusations by providing actual, written documented Op-Ed as evidence that supports your stances so, this should be a breeze for you to provide supporting proof of your allegations!

    Please rethink your rebuttal to me a bit Jim! Do just the slightest bit of research before you quickly make foolish statements like this:

    An Ameican by birth. A Southerner by the Grace of God.

    He is neither.

    Two clicks away but still here at TalkLeft you can find this:

    AP reports the charges are out of the Southern District of New York and that the doctor is believed to have treated terrorists in Saudi Arabia. A second defendant, Tarik Shah, a New York martial arts expert, is alleged to have trained terrorists. Both are American citizens.

    Jim you even made accusations back in 2005 about this very same story! So, you can't use the common Attorney General tested excuses, "I can't recall", or "I wasn't informed about that"!

    You made a false accusation Jim. You didn't provide us with proof that would support your claims that he wasn't American. Why were you so quick to accuse Mr. Sabir before he has been given his day in court? Do you HATE our court system and the Constitution of the United States of America? Why do you HATE our Freedoms Jim?

    Since you were wrong with your long distance diagnosis of Mr. Sabir and my HATE diagnosis might I suggest that you take out a hefty "Malpractice" Insurance Policy in order to protect your financial holdings!

    btw: Have fun in Las Vegas. I was supposed to meet my buddies for a reunion at the Luxor Hotel and Casino this week but my obligations here at home have forbidden me from attending. So, I'll live vicariously through you Jim! Have fun, and don't forget "What happens in Vegas stays in Vegas!"

    Parent

    Freewill (none / 0) (#9)
    by jimakaPPJ on Sat May 12, 2007 at 12:04:25 PM EST
    Read your comments about southerners. MB noted that Bocca is not the south. She is correct. So your bringing in the south was a real stretch in my opinion.

    Replace the name Sabir with Bubba and now it becomes an every day occurrence here in the U.S. <S.R.A.>

    If you claim that you didn't mean these in a hateful way, I bow to your claim.

    And yes, you can be against Hate Crime Laws and against Terrorists and against over cooked steak and under cooked pork and any number of things that are unreleated.

    No. Read. He was not an American by birth. No other claims were made. BTW - Are both naturalized??? That creates an even larger problem in my mind.

    I read my 2005 comments and stand behind them. One was:

    wg - Problem is these two aren't from Sweden and they, per the post, "took an oath pledging their allegiance to al-Qaida." Looks pretty straight forward, eh?

    Have a nice day. I couldn't find a First Class seat on any airline or a suite at the Belliago so I cancelled my trip. Sonetimes life is just so tedious.

    Parent

    Please elaborate (none / 0) (#13)
    by Freewill on Sat May 12, 2007 at 01:10:22 PM EST
    Problem is these two aren't from Sweden

    How not being from Sweden is the problem?

    I didn't know we had laws against not being from Sweden!

    That kind of sounds Un-American to me but, go figure...

    MB noted that Bocca is not the south.

    Again, kind of strange point to make Jim. Please do tell where I can find Bocca Raton on the map?

    Last question based on this sentence you wrote:

    And yes, you can be against Hate Crime Laws and against Terrorists and against over cooked steak and under cooked pork and any number of things that are unreleated.

    Question: What are Terrorist Motives Jim? Please in one sentence can you define what Terrorist Motives are?

    Parent

    Freewill (none / 0) (#15)
    by jimakaPPJ on Sat May 12, 2007 at 03:48:33 PM EST
    e: Boca Raton Doctor Arrested on Terrorism Charge (none / 0) (#5)
    by wg on Sat Dec 17, 2005 at 12:59:28 PM EST
    You are a Swedish trauma surgeon. On a whim you decide to help your Iraqi colleagues.

    I thought you said you had read the 12/17 posting/comments.

    It is evident you did not.

    There are no Southern accents in Boca. You can't get decent grits here. You don't have to tell them you like your tea unsweetened. You won't find greens on any local menu.

    If you didn't understand MB's comments I can't help you.

    Terrorist Motives? What are you talking about??

    At the end of the day, after all has been said, we still have this.

    They also discussed passages from religious books. One said Jews should be expelled from the Arabian peninsula. Another said Muslims are obligated to obey an imam who declares war against nonbelievers. Hou asked Sabir whether he agreed with both passages, and he said yes but added that Muslims are only required to follow such instructions from a legitimate religious authority.

    Hou pressed him further: "You believe that you must participate in armed jihad, if you get a chance to?"

    "Yes," Sabir answered, but said only in a legitimate conflict

    S0 he agrees that jihad is okay, if authorized by a imam who is a legitimate religious authority.

    I ask again. Would it okay for a Baptist to decide to attack "non-believers" if his Preacher said do it??

    Parent

    Sounds Like (none / 0) (#20)
    by squeaky on Sat May 12, 2007 at 06:04:59 PM EST
    Many racist and bigoted conversations I have overheard in America. Many do not like jews, blacks, mexicans, catholics, etc.

    And many would fight to keep their neighborhoods clear of those that they think would 'lower the property values'.

    Parent

    Sterotype is over the top (none / 0) (#7)
    by Molly Bloom on Sat May 12, 2007 at 10:07:18 AM EST
    offensive  and not even close to describing Mouth of the Rat Florida.  

    I am well acquainted with the Deep South and Boca Raton. Boca Raton doesn't qualify as a Southern City.

    There are no Southern accents in Boca. You can't get decent grits here. You don't have to tell them you like your tea unsweetened. You won't find greens on any local menu.

    Boca is not even "New South."   You can't buy a SF home in the City of Boca for under 500k. There are not many trailer parks left. They were populated with retired northerners looking to live cheap in the Florida sun. They are being bought out and re-developed into Condos on steriods.  

    I can find your sterotypes in Georgia, Alabama, Mississippi and north of Orlando in Florida, but not in Boca.



    Parent

    Thank you very much Molley! (5.00 / 1) (#12)
    by Freewill on Sat May 12, 2007 at 12:54:09 PM EST
    You and Jim have just demonstrated my POINT EXACTLY as I wanted my point to come across! We are to eager here in the U.S. to associate guilt based upon different factors that we ourselves are not accustomed to! Americans quickly buy up media fed lines of distortion and regurgitate to the masses every day. Watch Fox news for the most examples of this GUILT BY STEREOTYPE media that is eager to Incarcerate! Bill O'Really is the master of this GUILT BY STEREOTYPE propaganda. You might want to watch his broadcast to examine my points.

    By no means did I try to create a new STEREOTYPE of Southerners nor do I in any way believe in Southern STEREOTYPES nor any other STEREOTYPES what so ever. You can read all my posts and I do not waver on this subject! However, how does one provide any type of debate to closed minded individuals who already will not accept any argument but their own argument that supports their agenda without using a comparison entity in the argument?

    And now, Jim, who just got done arguing against me, by means of support for your rebuttal, just concurred that GUILT BY STEREOTYPE should not exist in the American Court System. I now present the "FLIP - FLOP" debate as so elegantly demonstrated by JIM!

    Thank you all!

    Parent

    your welcome (none / 0) (#14)
    by Molly Bloom on Sat May 12, 2007 at 03:12:30 PM EST
    Freewill. Trust me in this. (none / 0) (#16)
    by jimakaPPJ on Sat May 12, 2007 at 04:00:53 PM EST
    At the end of the day, it is what the Doctor has said that impeaches him, not any sterotype.

    So we really don't need to worry about all the claims you make.

    BTW - You need to get out more. I recommend a small roadside bar in the panhandle, or in ELA (Easy Lower Alabama). Be sure to be ready to explain to those guys why Sadir isn't getting a fair trial...and how he is sterotyped...

    No, I can't even wish that on you.

    Parent

    rednecks of the world unite! (none / 0) (#17)
    by Sailor on Sat May 12, 2007 at 05:35:00 PM EST
    A bunch of racist, grit eating, klan lovers do not a jury make.

    If ya'll want to stand for what dixes has historically stood for, good on ya mates. Hoist on your own retard.

    Parent

    My objection is to the stereotype (5.00 / 1) (#21)
    by Molly Bloom on Sat May 12, 2007 at 08:07:41 PM EST
    I am a Southerner. I am also a left wing Democrat. Have been all my life. We are not all members of the Klan. We are not all religious nuts. We are not all Republican.

    I have never knowing voted for a Republican in my life and probably never will. (FL has some crazy Idea that mayor and city council races are non-partisan. Sometimes there is some local race I just don't know the registration of the candidate).

    Yes there are conservative southerners. Yes there are southerners who are bigots. Yes Ronald Reagan made it safe to again openly make bigoted comments in the South in 1980's.  I remember that all too well. I remember in the late 70's there was an alliance among progressive white southerners and African American Southerners that elected a few governors down here.

    But you know what? I am old enough to remember this. I also remember my relatives in Chicago freaking out over Harold Washington being elected.

    Bigots are all over the country and aren't limited to any one region. Southern Democrats like me readily admit there are Southern bigots- we are probably related to some. I know I am. But I bet most people are related to a bigot.

    The South will go Democratic again. And it will before I die of old age.



    Parent

    It was snark (none / 0) (#24)
    by Sailor on Sun May 13, 2007 at 12:56:33 AM EST
    The point is these folks haven't had a trial ... let's wait for the trial, and actual evidence, not just what the gov't has alleged.

    Parent
    Sailor, this is THE trial (none / 0) (#25)
    by jimakaPPJ on Sun May 13, 2007 at 08:43:54 AM EST
    and the the quote was from his testimony.

    And it is Bocca Raton, not Ft Dix..

    ;-)

    Having trouble keeping up??

    Parent

    MB (none / 0) (#10)
    by jimakaPPJ on Sat May 12, 2007 at 12:06:14 PM EST
    You can't get decent grits here. You don't have to tell them you like your tea unsweetened. You won't find greens on any local menu.

    That says it all.

    Parent

    After reading the next blog entry She-Pundit (none / 0) (#4)
    by Freewill on Sat May 12, 2007 at 08:46:47 AM EST
    which takes place in the same Palm Beach County I strongly get this sense that Rafiq Abdus Sabir should seek the same representation that Ms. C. in the linked story hired.

    The self-representation bit that Mr. Sabir is attempting could end up hurting his chances. A lawyer (also a known as a P.R. agent) could study the jury and the public opinion during this case and make suggestions to Mr. Sabir how to adjust his P.R. value. If the majority of the jury look like Nascar fans, the Attorney could purchase some Nascar memorabilia for Mr. Sabir to display during the hearing. A Nascar coffee cup, maybe a Nascar writing tablet. I would suggest that he only stick to Nascar in general because there is a very likely chance that if he were to single out one Nascar driver, he might pick the wrong driver and the Jury would condemn him based on that driver.

    Also, the Attorney could do some investigative work to see what the majority of the Jury's preference is in Politics and Religion so that Mr. Sabir could play to those areas. One possible defense to the

    "time he slapped a daughter and handcuffed her to a radiator"
    could be countered by Mr. Sabir simply stating "She was going to have an abortion! It had nothing to do with dressing for school. That's a ludacris statement she made and she only made it because she didn't want to confess to a murder plot that I foiled!"

    Mr. Sabir should hire the same Attorney that Ms. C. contracted and Mr. Sabir should find some way to slip his Attorney's recent dealings with Ms. C. into testimony. That is of course if the jury leans to the same side of the fence that Ms. C. panders to.

    Freewill (none / 0) (#5)
    by jimakaPPJ on Sat May 12, 2007 at 09:06:32 AM EST
    Why are you bringing up all these issues? They are there to show who the government thinks this guy really is. You may find that nasty, but it happens everyday in courts across the land.

    And no, the vast majority of men do not handcuff their daughters to radiators, do not have 4 wives,  do not run off with children setting off an inter-state manhunt.

    What you fail to do is mention this:

    They also discussed passages from religious books. One said Jews should be expelled from the Arabian peninsula. Another said Muslims are obligated to obey an imam who declares war against nonbelievers. Hou asked Sabir whether he agreed with both passages, and he said yes but added that Muslims are only required to follow such instructions from a legitimate religious authority.

    Hou pressed him further: "You believe that you must participate in armed jihad, if you get a chance to?"

    "Yes," Sabir answered, but said only in a legitimate conflict.

    So we now see that he agrees to engage in jihad, if he considers it to be a legitimate conflict, as defined by a legitimate religious authority who is an Imam....

    Isn't that something the US government does?

    Would you think that was okay if this had been a Baptist???

    This guy is a "fellow traveler" who decided to pledge his support and got caught doing so.

    You know, calling for a fair trial works for me. I think it works for the vast majority of Americans.
    But your defense of him.. well, I just find that strange.

    So, remind me again Jim (none / 0) (#11)
    by Freewill on Sat May 12, 2007 at 12:32:29 PM EST
    Are you for or against Hate Crime Legislation?

    You confuse me because you change positions based upon the issue at hand.

    Based upon your rebuttal to my comment let me ask you this question after mentioning what I failed to mention (as you so clearly stated):
     

    They also discussed passages from religious books. One said Jews should be expelled from the Arabian peninsula. Another said Muslims are obligated to obey an imam who declares war against nonbelievers. Hou asked Sabir whether he agreed with both passages, and he said yes but added that Muslims are only required to follow such instructions from a legitimate religious authority.
    Hou pressed him further: "You believe that you must participate in armed jihad, if you get a chance to?"

    "Yes," Sabir answered, but said only in a legitimate conflict.

    Is that your proof of guilt all wrapped up in a nice little Jihad protective wrapping? "Once a Jihadist always a Jihadist!" And yet, please tell us all again your stance on Hate Crime Legislation?

    You cite this:

    And no, the vast majority of men do not handcuff their daughters to radiators, do not have 4 wives,  do not run off with children setting off an inter-state manhunt.

    Wow, I can't even SPELL IT OUT or use a COLOR CODED ALERT SYSTEM for my sarcasm because you have just proved those systems do not work either! Jim if you take each allegation listed above does that prove someone is a Terrorist here in the U.S.? What is Mr. Sabir on trial for? Do you already know Terrorists methods of operation, or prepense prior to actually committing a Terrorist activity? If it's that easy for you to make those conclusions Jim you should be working for Alberto Gonzales because you could be saving the World!

    So we now see that he agrees to engage in jihad, if he considers it to be a legitimate conflict, as defined by a legitimate religious authority who is an Imam....

    Isn't that something the US government does?

    Honestly Jim, I didn't know that our Government has the power to declare Jihad! Thanks for the information! Ya learn something new everyday!

    Would you think that was okay if this had been a Baptist???

    Be careful Jim before you catch yourself up in your own arguments! Do all Terrorist wear a tag that clearly identifies them as a Terrorist? Do all Doctors who swear the Hippocratic Oath or Declaration of Geneva check to see what religion one belongs to or do they check the handy little "I'm a terrorist" badge that hangs proudly on their patients chest before they perform their craft?

    What about all those Religious Charities who give to the needy in all those foreign countries Jim? Are they, by your own arguments, guilty of giving aid to the terrorists and therefore subject to trial here in the U.S. for Terrorism?

    This guy is a "fellow traveler" who decided to pledge his support and got caught doing so.
     

    Got caught pledging his support for what Jim? I've pledged my support for Democrats does that make me a Terrorist? Don't answer that Jim, I'm pretty certain what you think of 60% of all Americans already. I've also pledged my support for diabetes. Wow, I might be a terrorist in Jim's world!

    You know, calling for a fair trial works for me. I think it works for the vast majority of Americans.
    But your defense of him.. well, I just find that strange.

    I hole heartedly agree to the merits of a fair trial! I will defend, to my last breath, anyone who is not given a fair trial. Based upon your first statement in this thread:

    It appears that the truth was brought forth for all to see. That it was an ugly flower that we would hope stays in the rocks at the side of the garden is  obvious.

    I see that you have this American Citizen already convicted and probably sentenced in your mind! You talk about fair trials? I will, like I stated, fight this kind of bigotry and public condemnation for each and every American Citizen! I will always fight for the Constitution of this Great Nation and I will not allow those of you to simply tear away the fabrics of ALL OF OUR FREEDOMS because you prefer to have it your way all the time! I refuse to live in fear. If that is your preference, so be it! Live in fear Jim. Fear all dark skinned individuals, fear everyone the Government tells you to fear unless the Government is controlled by Democrats and we already know as you have told us time and time again they are always wrong!

    I wish you the best of luck Jim in your devoted voyage to destroy America's Freedoms based upon your bigotry!

    Parent

    Boca Raton (Mouth of the Rat) (none / 0) (#23)
    by Aaron on Sat May 12, 2007 at 11:26:26 PM EST
    A little FYI on Boca

     I grew up just south of Boca Raton, spanish for "Mouth of the Rat" it's an upwardly mobile yuppie community, home of Florida Atlantic University, the country's fastest-growing University.  It's an intermediate community bridging the gap between the upper middle class and the wealthy.  Its name comes from the Boca Inlet which looks like a rat's mouth from a geographic perspective.

    Boca hasn't really been a retirement community since the 80s.  My grandfather bought a condo on the beach in Boca for about $60,000 back in the 70s, that same two-bedroom condo is worth 2.2 million now.

    --------------------------------------------------

    What a sweetheart.  If this guy doesn't have mental illness issues, he's obviously got some serious hostility problems.

    I imagine relief in the mind of the various defense attorneys whose services he turned down.  I think I recall something about this guy at FAU, a real nut-ball.


    Aaron (1.00 / 0) (#26)
    by jimakaPPJ on Sun May 13, 2007 at 08:47:40 AM EST
    he's obviously got some serious hostility problems.

    Yeah, I'd say so. And he says he's willing to take them out on anyone a legitimate religious figure tells him to...

    Now who could that be......?

    "The Great Satan" comes to mind as a target of choice for the past 27 years and 5 months...

    Parent

    I think (none / 0) (#27)
    by Deconstructionist on Sun May 13, 2007 at 09:19:56 AM EST
     the point of the original post is that some or  all these of "bad acts" might not have been heard by the jury if the guy had a lawyer defending him. 404 (b) is a rule interpreteted as one broadlt favoring admission of evidence but this sounds a lot like the only purpose is to show bad character and conformity with it.

      Even evidence that would be inadmissible pursuant to proper and timely objection can be admitted (and review of its admission on apeal extemely curtailed) if there is no objection.

      It would seem that there is little or not relevance of these prior acts to a charge of aiding terrorists. In fact, the admission of  these  may  be so extreme and so great in number that an appeals court would take a very close even on a plain error review.

      This prosecutor seems to be going overboard and that would tend to indicate he either does not have a great case on then instant charges or if he does have a good case  that HE also has trouble keeping his personal emotions in check and is injecting potential error into the case.

       

    what decon said (none / 0) (#28)
    by cpinva on Sun May 13, 2007 at 11:03:13 PM EST
    if that's the whole of the state's case: "he's a prick!", then it isn't much of a case. while i might ordinarily agree that, absent timely objection, the evidence would stand on review, that the defendant is representing himself will also weigh in on that determination.

    the fact is, as far as the actual charge is concerned jim, the state has not impeached the defendant with those admissions.

    cpinva (1.00 / 0) (#29)
    by jimakaPPJ on Mon May 14, 2007 at 08:08:52 AM EST
    We'll just have to wait. As I noted to Freewill, I think all the nastiness stuff is just to show he is a bad person.

    It's his other comment that does the damage, the one in which he agrees that he would agree to armed jihad if told to do so by a legitimate religious figure.

    It provides creditability to the charge that:

    Dr. Rafiq Abdus Sabir was charged with conspiracy to provide material support to a designated foreign terrorist organization.....

    ...Prosecutors said Sabir agreed to treat jihadists, or holy warriors, in Saudi Arabia. Shah agreed to train them in hand-to-hand combat. The one-count complaint details a sting operation from 2003 to 2005 in which the two men took an oath pledging their allegiance to al-Qaida.



    Parent
    i'm speculating from very incomplete (none / 0) (#31)
    by Deconstructionist on Mon May 14, 2007 at 09:55:24 AM EST
     knowledge of the case but at least some of the "character evidence" would appear inadmissible under almost any scenario. It is true that if  a defendant "opens the door" by introducing evidence of "good character" then the government can rebut that "good character" evidence with evidence of "bad caharacer that would otherwise be inadmissible.

     But, and it's a big but, the "bad character" evidence  is supposed to be limited to evidence relevant to the same character trait as the "good character evidence."

      For example if the defendant introduces "good character" evidence to show he is a peaceable, non-violent  person then the government can introduce certain types of evidence intended to show a violent character. That would not however open the door for bad character evidence showing he has unconventional beliefs about marriage or was a "bad parent" because he didn't pay child support or violated a court order (in a non-violent way, at least) pertaining to custody or visitation.

    Parent

    the fact (none / 0) (#30)
    by Deconstructionist on Mon May 14, 2007 at 09:42:37 AM EST
     the defendant is representing himself will not likely be given weight on review. That's one of many reasond it's not smart to go pro se.

      Generally, rulings on the admission of evidence are reviewed for "abuse of discretion." this means basically that you have to show that there was error and the error was not harmless error. This, as are all standards of reiview other than "de novo" which applies to a lower court's rulings on issues of law, is deferential to the district court's ruling but it is far less deferential than the "plain error" standard which is employed when there is no objection (or sometimes the "wrong objection).

    To get relief under the plain error standard you have to establish: that was error;  that the error was "plain." ("plain" basically means  "clear" or "obvious."); and that the plain error "affects substantial rights."

       A huge difference between "harmless error" and "plain error" is  that with "plain error" the defendant rather than the Government has the  burden of persuasion with respect to prejudice. It can make a big difference in determining outcome when the defendant has to show there was prejudice as to when the government has to show there was not.

      Moreover, that's just to establish "plain error" and the appeals court doesn't have to reverse a district court ruliong even if there is plain error causing prejudice. It still may decline to grant relief unless  the error "seriously affects the fairness, integrity or public reputation of judicial proceedings."