Judge
Grants Rasmieh Odeh a New Trial
IPT News
December 6, 2016
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Editor's Note: For greater detail on the Rasmieh Odeh case, her
elevation to hero by Palestinian advocates, and the impact on her victims,
please watch the Investigative Project on Terrorism's video series, "Spinning a Terrorist Into a Victim."
Odeh with her
interpreter before Judge Drain in 2015 (sketch by Jerry Lemenu)
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Rasmieh Odeh, a convicted Palestinian bomber whose case has become a cause celebre among radical Palestinian
advocates, will get a new trial for naturalization fraud.
U.S. District Judge Gershwin A. Drain ruled Tuesday that there is no legal basis to prohibit
Odeh from presenting testimony claiming she suffered from post-traumatic
stress when she applied for naturalization as an American citizen, and
failed to disclose her Israeli conviction for two 1969 bombings in
Jerusalem.
One of those bombings, at a Supersol grocery store, killed college
students Edward Joffe and Leon Kanner.
Odeh confessed, but claims that it was a false statement triggered by
weeks of alleged torture in Israeli custody. Israeli court records show
otherwise, prosecutors say. Odeh actually confessed on her first day in captivity and helped
identify dozens of other operatives in the Popular Front for the Liberation
of Palestine (PFLP) terrorist group responsible for the bombings.
Drain did not allow the psychological testimony during Odeh's 2014
trial. She was convicted and sentenced to 18 months in prison, loss of
her citizenship and deportation. But the Sixth Circuit Court of Appeals ruled in February that Drain erred in barring that
testimony, incorrectly finding it was not relevant due to the nature of the
charge. Drain might find other reasons to keep the testimony out, the
appellate court ruled, or he could order a new trial allowing it.
In Tuesday's ruling, he opted for a new trial scheduled for Jan. 10.
Prosecutors had argued that Odeh's post-traumatic stress may have caused
her to misunderstand questions in naturalization forms and during an
interview with an immigration official asking whether she ever had been
arrested or imprisoned. Odeh said no, despite her terrorist record and
resulting 10 years in an Israeli prison.
She testified that she interpreted the question to apply only to her time in the United States. That was
contradicted by Jennifer Williams, the immigration officer who interviewed
Odeh before she was granted naturalization. She was trained to always
ask applicants whether they ever were arrested or convicted "anywhere
in the world," Williams testified.
Odeh never would have been allowed into the country, let
alone naturalized as a citizen, had she answered the questions honestly,
immigration officials testified during the 2014 trial.
But Odeh's psychologist, Mary Fabri, claims it could have been an honest oversight, saying
"avoidance and sometimes even denial of thoughts, feelings, and
activities associated with the trauma" caused Odeh to filter out the
experience when she was asked about it.
Complicating the prosecution's challenge, it won court approval to have
its own psychologist examine Odeh. He concluded that she did exhibit signs
of post-traumatic stress, a finding Drain twice noted in his ruling.
"Both experts determined that Defendant most likely suffered from
PTSD at the time of the charged offense," he wrote.
He rejected prosecution arguments that Fabri's theories have not been
adequately tested and were not sufficiently reliable to present to a jury.
Her opinion "is relevant to whether Defendant 'knowingly' provided
a false statement on her naturalization application," Drain wrote. He also rejected arguments that allowing in the
psychological testimony, which is predicated on an uncorroborated torture
claim, the trial's focus will stray far from the issue of whether Odeh was
honest and into competing claims about the Israeli-Palestinian conflict.
"The Court disagrees that Dr. Fabri's testimony will likely confuse
the jury or that it would unnecessarily lengthen the presentation of the
evidence," Drain wrote.
Odeh supporters, who automatically accept her claims and believe every
alleged horror about Israel, describe her as a "legendary Palestinian American
icon." That is a view shared by other terrorists. Footage from a 1970
hijacking showed a female PFLP terrorist identifying her group as
"Task Force Rasmieh Odeh."
Her supporters steadfastly refuse to believe she had a hand in the 1969
bombings even though Odeh and a co-conspirator appeared
in a documentary discussing them. In a 1980 Journal of Palestine
Studies article that remains online, Odeh provided details about the
Supersol bombing: "Actually we placed two bombs," she said,
"the first was found before it went off so we placed another.
Buoyed by Drain's ruling, they plan to bombard the U.S. Attorney's Office in Detroit
demanding that it drop the case.
Related Topics: , Rasmieh
Odeh, Spinning
a Terrorist Into a Victim, Supersol
bombing, Edward
Joffe, Leon
Kanner, PFLP,
naturalization
fraud, Gershwin
A. Drain, PTSD,
Sixth
Circuit Court of Appeals, Mary
Fabri
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