Tampa Bay Coalition for Justice and Peace
June 5, 2003

Dear Friends,

I need your help.

Dr. Sami Al-Arian has been in the maximum security wing of the Federal Penitentiary in Coleman, Florida since March 27, 2003.

Despite testimony from friends and associates as to his compassionate and sterling character, Judge Mark Pizzo denied him bail.

He is in the process of trying to prepare and fund his defense while he is in solitary confinement, is frequently strip-searched and visitation by friends, family and lawyers requires three hours travel from Tampa. His use of the telephone is severely restricted.

It appears to me that Al-Arian is a political prisoner and has been indicted for his outspoken condemnation of the of the repressive treatment of Palestinians by Israel. The facts will be determined in court as to his support of “terrorist groups.” Since 9-11 our Justice Department has imprisoned many Muslim and Arabs in their frantic search for “terrorists.” They have been as unsuccessful obtaining convictions as they were in investigating plot information before 9-11.

However, we need to be focused on Al-Arian getting a fair trial and that is not happening. His punishment has already started because of the inhumane way he is being treated in prison. Is this treatment a violation of the 8th Amendment (no cruel or unusual punishment)?

Isn’t Al-Arian being denied due process (guaranteed under the 5th Amendment) because of the limitations placed upon him by the conditions of his incarceration?

Why isn’t Judge McCoun taking action to move him closer to his lawyers and family and removing the restrictions that prevent him from preparing and raising funds for his defense? McCoun has recently denied a petition from the court appointed lawyers for such a move.

Al-Arian would like to have his own lawyers but his prison restrictions prevent him from doing so. He is waiting Judge McCoun’s permission.

The ACLU of Florida is not supporting Al-Arian because they believe they have no legal remedies and no standing with the court. The Pinellas Chapter has written a letter to the editors criticizing the inhumane conditions but I do not believe it is widely circulated. The other Florida Chapters have not addressed the issue of denial of due process and inhumane conditions. (If you would like to contact your local ACLU Chapter I can furnish this information)

My own experience, both inside and outside of prison is that calls from advocates for justice are very effective and can and do change things. Why? Because government does not like public exposure and they do not like to be questioned and have anything on the record.

PLEASE TAKE ACTION:

Contacts to write, call, fax and phone:

(1) Judge Thomas B. McCoun III, U.S. District Court, 801 North Florida Ave., Tampa, FL 33602

–Ask the judge why Al-Arian has not received permission to defend himself.
–Ask him about Al-Arian’s due process rights and inhumane treatment and ask that he be moved closer to family and lawyers.
–Isn’t he is in the wrong place if he can’t prepare for his trial because he has limited access to the law library and when he is allowed he is unable to find reference documents? Why are requests for even pencils denied?

(2) Donald McKelvy, Warden, U.S. Penitentiary, PO Box 1023, Coleman, FL 33521 352-689-3003; fax: 352-689-3003

Harley G. Lappin, Director, U.S. Bureau of Prisons, 320 First Street, N.W., Washington, D.C. 20534 202-307-3250; fax: 202-514-6878

–Ask why Al-Arian is in solitary, frequently strip-searched and denied more than occasional use of phone.
–Ask why he has only limited access to the law library and why there are no reference materials he needs to prepare his case.
–Ask why he cannot obtain pencils.
–If he is not convicted of a crime, should he even be in Coleman?

(3) Ask the ACLU, ACLUFL why they haven’t at least issued a press release statement on the violation of Al-Arian’s due process and inhumane conditions.

*Nadine Strossen, President and Anthony D. Romero, Executive Director, 125 Broad St., 18th Floor, NYC, NY,10004; 212.549.2500 or to send feedback by email: http://www.aclu.org/feedback/feedback.cfm

*Jeanne Baker, Esq., President and Dr. Howard Simon, Executive Director, ACLU, FL, 4500 Biscayne Blvd., Suite 340, Miami, FL 33137 PH: 305 576- 2336; aclufl@aclufl.org

–Why is ACLU not offering legal help and not issuing media releases about his prison conditions and due process rights?

*Paul Pohlman, President, ACLU Pinellas, PO Box 12372, St. Petersburg, FL 33733; 727-821-9494 ppohlman@poynter.org

–Ask Mr. Pohlman if the chapter plans to do a media release on their opposition to the nature of Al-Arian’s incarceration.

*Paul Rebein, ESQ. Director, ACLUFL, c/o Shook, Hardy and Bacon, 100 No. Tampa, Suite 2900, Tampa, FL 33602; 813-202-7100

–Ask him if the ACLUFL Directors have discussed the Al-Arian situation and if they agree with the staff’s current position?

(4) Donald McKelvy, Warden, FCC Coleman, P.O. Box 1023, Coleman, FL 33251; Ph: 352-689-3003; fax: 352-689-3013
*Harley G. Lappin, Director, U.S. Bureau of Prisons, 320 First St., nw, Washington, D.C. 20534; Ph: 202-307-3250; fax: 202-514-6878

–Ask why Al-Arian is in solitary confinement, frequently strip- searched and has only infrequent use of the phone? Why does he have no access to the law library and no pencils? If he is pre-sentence why is he even in Coleman maximum security?
–Has the punishment begun without sentence?

(5) Write, email or call your Senators and U.S. Representative

*Ask them why Al-Arian is being inhumanely treated at Coleman and why he is being denied reasonable access to telephone, lawyers and family in preparing for his trial.

FLORIDA:

–Senator Bob Graham: 850.907.1110; fax: 850.894.3222
–Bill Nelson: 888.671.4091; fax: 407.872.7165 attn; Celeste
–U.S. Rep Jim Davis: 888.266.0205; fax: 727.867.5302 or 813.354.9514
–U.S. Mike Bilirakis: 727.441.3721; fax: 727.442.8180
–U.S. Rep Bill Young 727.893.3191; fax: 202.225.9764

–Contact the following and ask them to help:

*Human Rights Watch, 350 Fifth Ave., 34th Floor, New York, NY 10118 hrwnyc@hrw.org

*Center for Constitutional Rights: PH; 212-614-6464; fax: 212.614.6499; info@ccr.ny.org

*Amnesty Int’l, Atlanta attn: Derriel Kayongo dkayongo@aiusa.org

–Dr. Al-Arian needs financial assistance. Please contribute to his defense fund by mailing a check to :

National Liberty Fund:
P.O. Box 3568
Washington D.C. 20007

Thank you,

Dwight Lawton

3212 B 67th Terrace So, St. Pete, FL 33712
dlawton2@tampabay.rr.com
fax: 723-823.2917

If you are unable to make a personal contact or send a message, email, fax or mail it to me and I will forward it.