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September 11, 1981 - Image 19

Resource type:
Text
Publication:
The Detroit Jewish News, 1981-09-11

Disclaimer: Computer generated plain text may have errors. Read more about this.

THE DETROIT JEWISH NEWS

ArrablMtirdeier's Extfaclitiohlroth

(Continued from Page 1)

Eain's story is being
accepted in reports that
virtually ignore salient
points in federal court
evidence and judicial
opinions. The Washing-
ton Post, for example, re-
ported: "The Israelis' re-
quest for extradition is
based solely on the 'con-
fession' — now twice re-
canted — of an alleged
accomplice that was ob-
tained after he spent
weeks in custody without
seeing an attorney. The
confession is in Hebrew,
a language the alleged
accomplice does not
speak, read nor under-
stand."

"Abu Eain," the Post said,
"has produced 11 affidavits
saying that at the time of

the bombing he was in his
hometown of Ramallah, a
four-hour drive from
Tiberias where the bombing
occurred, but a U.S. District
Court in Illinois refused to
allow these to be admitted
as evidence in deciding
there was 'probable cause'
to believe he was guilty. Nor
did the court allow recanta-
tions of the confession to be
admitted. Bail has been re-
fused although 10 families
offered homes worth a total
of" about $1 million as

su This report caught .the
attention of Nathan Lewin,
a Washington attorney and
former U.S. Deputy Assis-
tant Attorney General and
an assistant to the Solicitor
General of the U.S. De
partment of Justice. He also
, is a contributing editor of
the liberal weekly New Re-
public.
In a 10-page _review he

ment to the arresting FBI
agents when he was being

gave this reporter upon re-

Israel who was convicted of quest, Lewin said of the
smuggling weapons to Arab Post's treatment: "It was
terrorists. Arrested in shocking to discover the
August 1974, he was sen- number of omissions, errors
tenced after trial to 12- and distortions included in
years imprisonment. But on the news report."
Lewin said that "one
Nov. 6, 1977, after the Vati-
can itself intervened with a omission which cannot
pledge that a freed Capucci have been accidental has
would not engage in politics to do with the offense
thereafter, the cleric was under which Abu Eain is
freed. He went to Europe charged in Israel. The ar-
where he almost im- ticle speaks eight times of
mediately renewed anti- the 'bombing' or 'explo-
sion' in Tiberias on May
Israel agitation. -
When U.S. Foreign Serv- 14, 1979. A reader would
ice Officer Michael Met- naturally assume that it
rinko, one of the Americans was one of the far-too-
held hostage in Iran, was re- many violent protests
leased, he told of how "dis- occurring in the Middle
gusting" he found Capucci's East — an explosion
behavior in his entreaties to which harmed property
the hostages. This was at a but inflicted only minor
time when the PLO was try- bodily harm, if any. In
ing to win U.S. favor by talk fact, the introductory
sentences of the opinions
in Iran.
Another case is that of of the federal court of ap-
Terri Fleener, a young peals and of Magistrate
woman from San Antonio, McGarr who heard the
Texas, whose "plight" evidence disclosed that
brought torrents of public- the bombing killed two
ity. She had been arrested young boys and that the
in Israel as an accomplice to charge against Abu Eain
terrorists but was paroled in — specified nowhere in
June 1979 after powerful the article — is murder.
friends persuaded President The judicial opinions and
Carter himself to intercede evidentiary materials
on compassionate grounds also note that the bomb
for an American woman in a exploded during a youth
foreign prison. Upon her re- rally and that 36 other
turn to the U.S., she tried to people were injured."
condemn Israel but her
Regarding the Post's pre-
charges did not form con- sentation that the extradi-
vincing testimony at a Na- tion request is "based sol-
tional Press Club news con- ely" on the confession of an
ference.
accomplice without seeing

an attorney and was in He-
brew, Lewis referred to Cir-
cuit Judge Wood who had
been a U.S. assistant attor-
ney general and federal dis-
trict judge before being ap-
pointed to the federal appe-
late court in Chicago.
"Wood," Lewin noted,
"said that the accomplice's
confession was not the only
evidence of Abu Eain's
guilt. It was corroborated by
an earlier statement from
the accomplice's cousin con-
cerning an incriminating
note which the accomplice
sent through her to Abu
Eain after the bombing, and
Abu Eain's immediate deci-
sion, on reading the note, 'to
go to America that day.'
"It was also supported by
other circumstantial evi-
dence offered by the Israeli
bombing squad captain who
supervised the investiga-
tion. In addition, Judge
Wood pointed to evidence
which is frequently used,
with devastating effect, by

transported to the FBI office
was incriminating. So there
was more evidence of guilt
than merely the statement
of the accomplice" (Jamal
Yasin).

POLAKOFF

prosecution in the U.S. —
the conduct of the suspect
when he was first arrested,
which shoaled conscious-
ness of guilt and attempted
flight."

The court opinion said
that after the bombing,
Abu Eain went to Am-
man, Jordan and then to
the home of his sister and
brother-in-law, Ahmed
Yusuf, in Chicago. When
FBI agents arrived at the
house Aug. 17, 1979, with
an arrest warrant for
Ziad Abu Eain, the Pales-
tinian identified himself
as "Kamal Yusuf" — pur-
portedly a relative of the
homeowner, Lewin
noted.

"The FBI agents asked
the male occupants of the
house to submit to finger-
printing and photographing
at the FBI field office. Abu
Eain went through the
entire process under the
false name and was then
allowed to leave. Several
days later, the FBI dis-
covered that the known
fingerprints of Ziad Abu
Eain matched those of the
man they knew as 'Kamal
Yusuf.' When they returned
to the Yusuf home to arrest
Abu Eain, he was gone.
"His brother-in-law first
denied knowing where Abu
Eain was, and only after he
was threatened with pros-
ecution for harboring a fugi-
tive did he make up a pre-
text by which Abu Eain was
lured to the house, where
the FBI arrested him."

seatence'explanations writ-
ten by Howard Bogot and
former Detroiter Rabbi
Daniel B. Syme.
The photographs show
children and their families
participating in various
ceremonies and customs
associated with the Jewish

As for the confession in
Hebrew, Lewin said that
the U.S. magistrate and
Judge Wood both cited that
an Arabic-speaking Israeli
magistrate certified that he
questioned the accomplice
and his cousin in Arabic and
determined that they un-
derstood their statements
and made them of their own
free will.
As for the claim Abu Eain
"has been denied the right
to present evidence to a U.S.
court that could clear him,"
Judge Wood wrote the fol-
lowing: "An accused in an
extraordinary hearing has

Me-clia Blitz - =,!

no right to contradict the
demanding country's proof
or to pose questions of credi-
bility as in an ordinary trial
but only to offer evidence
which explains or clarifies
that proof." Lewin noted
that the U.S. magistrate
concluded seven days of
hearings and fully explored
Abu Eain's contention that
the bombing was a "political
offense" for which extradi-
tion is improper.
Lewin observed that "it is
well-established extradi-
tion law that an act of vio-
lence committed against
military targets qualifies as
a 'political offense.' Explo-
sions at youth gatherings
are obviously different."

questioned and "he was
summoned again" by the
FBI four days later and "ap-
peared in court." Lewin,
however, observed that
rather than being sum-
moned "the court's facts dis-
close that he was arrested
while trying to hide and
flee. What's more, Judge
Wood noted that his state-

holidays. Two children dip
apples in honey in one
photograph as the authors
explain, "My tongue licks
sweet honey on Rosh
Hashana."

The volume's 32 photo-
graphs have an art-like
quality as it shows chil-
dren and adults enjoying
Jewish customs and
holidays, making halls,
watching a Torah scribe,
eating matza on Pesach,
and tasting horseradish
on gefilte fish.
The booklet brings to life
the many joyous occasions
.. of Judaism. ..... .

• 7

social violence undertaken
for personal reasons would
be protected simply,' because
they occurred during a time
of political upheaval, a re-
sult we think the political
offense exception was not
meant to produce."

• • •

Editor's Note

The Abu Eain case is
being transformed into
another shocking anti-
Israel campaign.
Feature articles in the
Detroit Free Press and
other papers, and full-
page advertisements por-
tray the Arab accused of
murdering two in Israel
as a martyr.
Judge Wood observed
This shocking de-
that "a random bombing
intended to result in the velopment was exposed
in
The Jewish News,
cold-blooded murder of
civilians 'is not a political Purely Commentary,
Sept.
5, 1980. As in the in-
offense' simply because it
may be 'incidental to a stance of current adver-
tisements,
Ramsay Clark
purpose of toppling a
has as his associates in
government.'
the
pro-Arab,
anti-Israel
indiscriminate
"The
bombing of a civilian campaign persons such
populace," Judge Wood as I.F. Stone, Noam
James
wrote, "is not recognized as Chomsky,
Morton
a protected political act Abourezk,
Halperin,
Rev.
William
even where the larger 'polit-
ical' objective of the person Sloan Coffin, William
who sets off the bomb may Kunstler, the Black
be to eliminate the civilian Lawyers National Office
population of a country. and the National
Otherwise, isolated acts of Lawyers Guild.

Lewin pointed out "these
facts were in Judge Wood's
opinion and are not dis-
puted." The Post's story,
Lewin noted, said Abu Eain
was released after being

Joy of Judaism in UAIIC Volume

The Union of American
Hebrew Congregations has
issued another in its series
of paperbound volumes
which simplify the meaning
and observance of Judaism.
"My Body Is' Something
Special" contains a series of
photographs by Gay Block,
with simple one- and two-

Contrary to the Post's
report, Lewin pointed
out Yasin "did not
suggest" in his later af-
fidavit "given in the
presence of his lawyers,
that he had 'spent weeks
in custody without seeing
an attorney.' He ex-
plained only he 'was sure
that he (Abu Eain) was
outside the country and
that it was impossible to
arrest him or cause hint
any harm."

Friday, September 11, 1981 19

Jewish mothers (and fathers) have traditionally boasted, and
justifiably so, about their children's professional achievements.
But in how many parts of the world can a Jewish parent proudly
proclaim: "Meet my son, THE KNIGHT!"
Certainly Scotland must stand in the forefront. In
recent years Scotland produced three Jewish Knights,
two Jewish Members of Parlidment, a Lord Provost
(mayor), and the only Jewish pipe-hand in the entire
world!
Of course Scotland's most famous product is scotch
whisky. And America's favorite scotch is J&B. We care-
fully select the finest scotches and blend them for
smoothness and subtlety. The result is why we say that
J&B whispers.
Incidentally, you don't have to wait until your son
becomes a Knight or your daughter a Dame in order to
enjoy J&B. Any 'simcha' will do!

J6 13.

it whispers.

86 Proof Blended Scotch Whisky. 01980 The Paddington Corp.. NY

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