Arizona - Noor Almaleki "Honor Killing": Father Won't Face Death Penalty for 1st Degree Murder

http://www.realcourage.org/2010/02/arizona-noor-almaleki-trial/

New report on the Noor Almaleki "honor killing" states that her father, charged with first degree murder, after he allegedly ran her over and murdered her with a Jeep in October 2009, will not face the death penalty in Arizona.

Dad accused in 'honor killing' will not face death penalty

by Dustin Gardiner - Feb. 19, 2010 12:00 AM
The Arizona Republic

A Glendale man accused of killing his daughter in an "honor killing" will not face the death penalty.

After sparring with the suspect's defense attorney over its death-penalty-review process, the Maricopa County Attorney's Office has said it will not seek death for Faleh Almaleki, 49.

The Iraqi immigrant is accused of killing his daughter, 20-year-old Noor Almaleki, for being "too Westernized."

Police say he used his Jeep Cherokee to run down his daughter and another woman in a Peoria parking lot Oct. 20. Noor later died of her injuries.

Almaleki is charged with first-degree murder, aggravated assault and two counts of leaving the scene of a serious accident. He has pleaded not guilty to all charges.

The decision not to seek the death penalty comes after Almaleki's attorney, Billy Little, a public defender, asked a judge to take special precautions to ensure the County Attorney's Office wouldn't wrongly seek the death penalty because Almaleki is a Muslim.

Little requested that the office make public the process it uses to determine whether to seek capital punishment.

"An open process provides some level of assurance that there is no appearance that a Christian is seeking to execute a Muslim for racial, political, religious or cultural beliefs," Little wrote, referring to County Attorney Andrew Thomas' Christian faith.

Laura Reckart, a county prosecutor, responded that Little's concern about the "supposed bias" of the office's death-penalty-review process was "without legitimate factual or legal basis."

She wrote that the state can seek the death penalty for any person convicted of first-degree murder if it can prove the existence of at least one aggravating factor, not because of religion.

However, the debate stopped there. On Tuesday, Reckart filed a motion indicating prosecutors would not seek the death penalty.

Mike Scerbo, a spokesman for the County Attorney's Office, declined to comment on the decision.

Prosecutors said Almaleki has admitted killing his daughter because she disgraced the family by not following traditional Iraqi or Muslim values.

They liken the case to honor killings that occur in the Middle East, Africa and other parts of the world. In tribal societies where the practice occurs, male family members feel they must kill a rebellious relative who shames them by not adhering to traditional values.

Noor had reportedly married a man in Iraq and returned to Arizona to live with a boyfriend and his mother in Surprise, police said.