Decision in Rasmea Odeh appeal a partial victory

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Decision in Rasmea Odeh appeal a partial victory


Rasmea Defense Committee happy with the appeal decision


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Rasmea Defense Committee
February 25th, 2016

Media contact: Hatem Abudayyeh, [email protected], 773.301.4108

Decision in Rasmea Odeh appeal a partial victory

This morning, a ruling from the Sixth Circuit Court of Appeals represents a partial victory in the case of Rasmea Odeh, the legendary Palestinian American icon who was convicted of a politically motivated immigration charge in 2014, and sentenced to 18 months in prison and deportation last year.

Organizers with the Rasmea Defense Committee, which represents over 50 institutions across the country, have been waiting for a decision in the appeal since last October, and are pleased with the result.

"This isn't a full victory yet, of course," said Nesreen Hasan of the committee's headquarters in Chicago, "but it really is what we were hoping for and anticipating at this stage. The conviction wasn't overturned altogether, but at least Judge Drain will be forced to rethink his decision on the torture evidence."

The appeals court determined that Gershwin Drain, the trial judge who sentenced Rasmea, wrongfully barred expert torture witness, Dr. Mary Fabri, from testifying at the trial. According to lead attorney Michael Deutsch, "The case will be remanded [back to Drain] for a determination as to the admissibility of the expert testimony. The appellate court has essentially ruled that it was an error for Drain to have precluded that testimony."

We are hopeful that Rasmea's full story will be told, and that she will ultimately be exonerated of all charges.

A more full press release will follow shortly, but contact spokesperson Hatem Abudayyeh for comment or for access to Deutsch.

And continue to donate to support the defense work!

##### End #####



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[ckaihatsu]

Rasmea Defense Committee celebrating today, planning next steps

Fight Back News Service is circulating the following Feb. 27 statement from the Rasmea Defense Committee.

Yesterday’s ruling from the Sixth Circuit U.S. Court of Appeals represents a great victory in the case of Rasmea Odeh, the legendary Palestinian American icon who was convicted of a politically motivated immigration violation in 2014, and sentenced to 18 months in prison and deportation last year.

There were some early press and other reports yesterday that were erroneous, stating that the “conviction was overturned” altogether, but that is not the case. The 3-judge appeals panel determined that Gershwin Drain, the trial judge who sentenced Rasmea, wrongfully barred expert torture witness, Dr. Mary Fabri, from testifying at the trial. According to lead defense attorney Michael Deutsch, "The case will be remanded [sent back to Drain] for a determination as to the admissibility of the expert testimony. The appellate court has essentially ruled that it was an error for Drain to have kept that testimony out."

Judge Drain originally ruled that Fabri’s testimony was not relevant because the violation was a “general intent” crime as opposed to a “specific intent” one, stating that her state of mind does not need to be considered. The appellate panel disagreed: “Regardless of whether [it] was a specific or general intent crime,” the ruling states, “Dr. Fabri’s…testimony is relevant to whether Odeh knew that her statements were false. The district court accordingly erred in…excluding this testimony.”

If Judge Drain cannot determine if there are other legal avenues that will allow him to exclude the expert testimony, Rasmea will be granted a new trial, which will finally allow her to tell the entire story of Israel forcing her to falsely confess to bombings in 1969, when she endured over three weeks of vicious sexual, physical, and psychological torture at the hands of the Israeli military.

That Israeli military court “conviction” is what ultimately led to the U.S. federal charge against her almost 45 years later. In the appeal, Rasmea’s lawyers had also argued that the prosecution should not have been allowed to use documents from the Israeli military court during the trial, stating that the details from that court were “prejudicial” and “irrelevant” in a case dealing with alleged immigration fraud. In the ruling, one of the appellate judges agreed that those details should have been excluded.

U.S. Attorney Barbara McQuade and Assistant U.S. Attorney Jonathan Tukel, who are responsible for the original indictment against Rasmea in 2013, can file a motion asking the Court of Appeals to reconsider its decision. Barring that, Judge Drain must make a determination, which could mean another evidentiary hearing in Detroit.

"This isn't a full victory yet, of course," said Nesreen Hasan of the Rasmea Defense Committee in Chicago, "but it really is what we were hoping for and anticipating at this stage. The conviction wasn't overturned altogether, but at least Judge Drain will be forced to rethink his decision on the torture evidence. And we are confident that Rasmea will get a new trial!"

Organizers with the defense committee, which represents over 50 institutions across the country, have been waiting for a decision in the appeal since last October, and are celebrating the result today. If the court had upheld the conviction, Rasmea’s supporters were prepared to carry out emergency response protests in dozens of U.S. cities.

“With this decision, instead of emergency protests, we’re doing everything we can to ensure that Rasmea finally gets the chance to tell her story in court,” said Frank Chapman, another leader of the committee and a prominent Black police accountability and anti-torture organizer in Chicago. “When the evidence is heard, Rasmea will be exonerated, because a jury will recognize that the only crimes in this case are Israel’s war against the Palestinian people and our U.S. government’s complicity.”

Considering that there will be much more legal and community-based organizing work ahead, the Rasmea Defense Committee is asking for continued financial support.

“Rasmea and we are celebrating our victory today, and are thankful for the work of our great lawyers and the thousands of people across the U.S. and the world who have stood with her,” said Lara Kiswani of the committee’s Bay Area chapter. “And besides fundraising, we want everyone to continue to organize educational events, like our International Women’s Day celebrations (http://fightbacknews.us1.list-manage.com/track/click?u=a29530af96a02fc55d345e735&id=a544dbed33&e=d323598fe4) honoring Rasmea in San Francisco, Chicago, Minneapolis, and other cities.”

Read more News and Views from the Peoples Struggle at http://www.fightbacknews.org. You can write to us at [email protected]

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Chicago celebrates International Women’s Day with Rasmea Odeh

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By staff

Chicago, IL - Some of the strongest women fighters in the working class and oppressed nationalities’ movements in Chicago gathered March 8 to celebrate International Women’s Day. Four women were honored with the first Rasmea Odeh Awards, in an event organized by Freedom Road Socialist Organization (FRSO), and endorsed by the Chicago Alliance Against Racist and Political Repression, AnakBayan, Anti-War Committee, and the U.S. Palestinian Community Network. More than 100 people attended the celebration.

Kait McIntyre spoke for FRSO about the struggle of working women and how women will win their liberation and help bring about socialism. McIntyre said she was inspired by her recent trip to socialist Cuba, as part of a delegation anti-war activists.

Awards went to Monica James, an African American, transgender woman, who resisted police violence, and then testified to the U.N. in Switzerland in 2014; Nesreen Hasan of the U.S. Palestinian Community Network, a leader in Rasmea’s defense campaign; Chicago Teachers Union activist, Annie Tan, an activist in the struggle to defend special education; and Dorothy Holmes, mother of Ronald “Ronnieman” Johnson, a victim of police murder in October 2014. In the past year, Dorothy Holmes has been singled out by the racist media for her militant speeches demanding justice for her son.

The awards were named for Chicago’s iconic Palestinian community leader, Rasmea Odeh, who recently won an important victory in court. Kait McIntyre said, “We’re so happy that Rasmea is here today to present these awards. We’re determined that she’ll be here next year, and for many years to come.”

Read more News and Views from the Peoples Struggle at http://www.fightbacknews.org. You can write to us at [email protected]

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Forum on Rasmea Odeh held in Houston

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By Fabian Van Onzin

Houston, TX - Over 25 people gathered at the University of Houston, March 30, to attend a talk on the Palestinian activist Rasmea Odeh. Odeh is a 68 year old Palestinian American leader who was brutally tortured by the Israeli government in 1969, and is being targeted by the U.S. government for her political activism. She is a respected and influential activist in the Palestinian liberation movement and the government is using a bogus charge of immigration fraud in an attempt to silence her. Since she was arrested in 2013, activists all over the country have organized for justice for Rasmea Odeh.

The forum, which was organized by Students for a Democratic Society and Students for Justice in Palestinian, introduced students to Rasmea Odeh's activism and her campaign for justice. Many of the people in attendance were learning not just about Odeh for the first time, but about the U.S. backed state of Israel and the struggles of the Palestinian people under occupation. When they learned that Rasmea Odeh was tortured and coerced into signing a confession, many of them responded in disgust. When they heard that the U.S. government is using this confession against Odeh, they were outraged. At the end of the event, the students signed a solidarity letter and donated money to be used for Odeh’s defense.

Alex Hayes, chairman of Houston SDS, says, "It is clear Rasmea Odeh is innocent and that the U.S. government is trying to silence her for her political work. The very fact that they went to such lengths to silence her, and that they used a confession gotten from torture, demonstrates that U.S. imperialism is complicit in the crimes of the State of Israel. We will continue to organize for Rasmea and she will win. Long Live Rasmea Odeh!"

Read more News and Views from the Peoples Struggle at http://www.fightbacknews.org. You can write to us at [email protected]

[ckaihatsu]

Rasmea Odeh Gets a New Trial; Tell McQuade to Drop the Charges Now! (http://fightbacknews.us1.list-manage.com/track/click?u=a29530af96a02fc55d345e735&id=d6d6ba6eba&e=d323598fe4)

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By Rasmea Defense Committee

After cancelling a November 29 Daubert hearing last week, Eastern District of Michigan Federal Judge Gershwin Drain reviewed written arguments, and ruled today that Palestinian American community organizer Rasmea Odeh will be granted a new trial.

“This is incredible news,” said Nesreen Hasan, a leader of the Rasmea Defense Committee and its lead organization, the U.S. Palestinian Community Network (USPCN). “The government has gone to great lengths to cover up the details of Israel’s torture and crimes against this mentor of mine and of so many others, this Palestinian icon. Now, the truth will finally be told, in open court. Rasmea will be vindicated.”

Last year, Rasmea was sentenced to 18 months in prison and deportation after being convicted in 2014 of Unlawful Procurement of Naturalization, a politically-motivated immigration charge, for failing to disclose on applications for U.S. citizenship that she had been arrested decades earlier in Palestine by Israeli authorities. In February 2016, the Sixth Circuit Court of Appeals sent the case back to Judge Drain, saying he had wrongfully barred the testimony of a torture expert that was critical to the defense. At the original trial, Rasmea was not allowed to tell the entire story of Israel forcing her to falsely confess to alleged bombings in 1969, when she endured over three weeks of vicious sexual, physical, and psychological torture at the hands of the Israeli military.

Rasmea suffers from Post-Traumatic Stress Disorder (PTSD) because of this torture, which, according to her clinical psychologist, Dr. Mary Fabri (who has worked with torture survivors for 25 years, and at the world-renowned Kovler Center for the Treatment of Survivors of Torture for 12), caused her to suppress the horrible recollection of the arrest when she answered questions on her immigration application. Judge Drain excluded Fabri’s testimony from the first trial, and disallowed any evidence about the rape and torture. Today’s decision clears the way for a new trial, where this testimony can finally be heard by a jury. The judge had previously mentioned January 10, 2017, as a potential new trial date, but today’s ruling does not include a specific start.

In filings before the ruling, the government argued that Judge Drain should again exclude Fabri’s testimony, asserting that Rasmea did not have PTSD, that she was feigning her symptoms, and therefore, that her memory could not have been impacted during the immigration process. Despite recently subjecting her to 17 hours of clinical mental examination to prove these theories, the government’s own expert affirmed the diagnosis of PTSD, and reported that Rasmea was not faking any symptoms.

At the new trial next year, defense attorneys are hopeful a jury that finally gets the opportunity to hear testimony about torture and PTSD, will find Rasmea not guilty. In the meantime, the defense committee is calling on U.S. Attorney Barbara McQuade to stop wasting taxpayer money and end this travesty of justice right now--by dropping the charges now and letting Rasmea go free! “

This has been a politically-motivated case from day one,” said Frank Chapman, Field Organizer for the Chicago Alliance Against Racist and Political Repression. “The whole case against Rasmea is nothing but a pretext to intimidate those who organize and struggle to realize a liberated Palestine. She has remained determined in the face of this repression, and we will continue to stand beside her. Hundreds have come out from across the country to stand with Rasmea at every hearing, and every day of her trial and appeal. These same hundreds, and thousands more, are now demanding of McQuade, ‘Drop the Charges Now!’”

Today, we celebrate another great victory in the campaign, but we won’t stop here.

Tomorrow, Wednesday, December 7, 2016--FOR A FULL DAY, from 9 AM to 5 PM EST--please call U.S. Attorney Barbara McQuade at 313-226-9100, and demand that she stop wasting taxpayer money, that she stop persecuting a woman who has given so much to U.S. society, and that she Drop the Charges Against Rasmea Now!

In the meantime, the Rasmea Defense Committee, led by USPCN and the Committee to Stop FBI Repression, urges supporters to continue to struggle for #Justice4Rasmea by donating to the defense (http://fightbacknews.us1.list-manage.com/track/click?u=a29530af96a02fc55d345e735&id=7ac4bea5ca&e=d323598fe4) and organizing educational events about Rasmea and the campaign in your communities. Visit www.justice4rasmea.org or email [email protected] to get more involved.

Read more News and Views from the Peoples Struggle at http://www.fightbacknews.org. You can write to us at [email protected]