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...at the trial, the government did not accuse the foundation, which was based in a Dallas suburb, of paying directly for suicide bombings. Instead, the prosecution said, the foundation supported terrorism by sending more than $12 million to charitable groups, known as zakat committees, which build hospitals and feed the poor.
Prosecutors said the committees were controlled by Hamas and contributed to terrorism by helping Hamas spread its ideology and recruit supporters. The government relied on Israeli intelligence agents, using pseudonyms, to testify in support of this theory.
But prosecutors appeared to have made little headway in convincing the jury.
The case involved 197 counts, including providing material support to a foreign terrorist organization. It also involved years of investigation and preparation, almost two months of testimony and more than 1,000 exhibits, including documents, wiretaps, transcripts and videotapes dug up in a backyard in Virginia. --NYT
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DALLAS -- The U.S. Justice Department suffered a major setback in another high-profile terrorist prosecution Monday when its criminal case against five former officials of a now-defunct Islamic charity collapsed into a tangle of legal confusion.
U.S. District Judge A. Joe Fish declared a mistrial, but not before it became clear that the government's landmark terrorism finance case was in serious trouble.
His decision came after jury verdicts were read to a packed courtroom indicating that none of the defendants had been found guilty on any of the 200 combined counts against them. Jurors had acquitted defendants on some counts and were deadlocked on charges ranging from tax violations to providing material support for terrorists.
However, during routine polling of the jurors to determine that their votes were accurately reflected in the findings, two said they were not. When efforts to reconcile the matter failed, Fish declared the mistrial.
The order ended a two-month trial followed by 19 days of jury deliberations over allegations that the Texas-based charity Holy Land Foundation for Relief and Development and five of its former leaders provided financial aid to the Palestinian terrorist group Hamas. President Bush announced in December 2001 that the charity's assets were being seized and accused the organization of financing terrorism.
Monday's outcome raised serious questions about those allegations as well.
"I think it is a huge defeat for the government," said David Cole, a Georgetown University law professor specializing in 1st Amendment cases and terrorism prosecutions.
"They spent almost 15 years investigating this group, seized all their records and had extensive wiretapping and yet could not obtain a single conviction on charges of supporting a terrorist organization."
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Mistrial in Holy Land terrorism financing case - Los Angeles Times