Civil Liberties
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“Sleeper Agent” Stays In Prison For Now
October 28, 2009 - 11:12 PM | by: Ruth Ravve
Eight years 4 months. That's the sentence a federal judge handed down to a man called a "sleeper agent" for Al Qaeda.
Ali Saleh Kahlah al-Marri could have gotten 15 years in prison on a charge of "conspiracy to provide material support and resources to a foreign terrorist organization". U.S. District Court Judge Michael Mihm decided to give credit for the 71 months al-Marri spent in a Navy brig, and time held as a material witness. In addition, Mihm credited him with 9 more months, to make up for the harsh treatment of al-Marri while he was in custody.
If the US prison system also gives him credit for the time held before and after the brig, defense attorneys say he may only wind up with less than 5 years behind bars.
Al-Marri, a 44-year-old Qatar native, has admitted training in Al Qaeda camps and then traveling to the United States to offer his help to terrorists after the Sept. 11 attacks. The government says he was also researching cyanide and other poisons, and obtaining maps of bridges and waterways at that time.
"He was the one who prepared himself to be an ideal candidate for al Qaeda" said prosecutor Joanna Baltes.
Al-Marri, in court wearing a white cap, a long grey beard and ponytail, smiled occasionally and spoke to his attorneys while watching the proceedings closely.
Defense attorneys had hoped their client would be walking free today. The defense argued their client has served enough time, and based on the length and harshness of his incarceration, has been punished enough.
Al-Marri was arrested in 2001 and deemed an enemy combatant in 2003. He spent about 5 1/2 years in a military prison, mostly in solitary confinement and another 18 months in a civilian prison.
There was an emotional moment in court when al-Marri read a statement asking the judge for leniency, saying "I am sorry for providing assistance for those who would do this country harm." He cried as he talked about missing his wife and 5 children and claimed he is a "changed person" saying to the judge "I hope you will look with an eye of mercy on me today".
The defense also attempted to portray al-Marri as a family man as they showed a video in court of al-Marri's children singing.
On the first of two days of sentencing, defense attorneys brought out two witnesses to back up their claims that treatment at the brig was, in the words of defense attorney Lawrence Lustberg "like torture" and "punishment enough".
The first witness, Sanford Seymour, an employee at the Naval Consolidated brig in South Carolina, testified al-Marri was kept alone in a tiny locked room, with no mattress, no reading material and no glasses for the first few years and was denied simple things, like toilet paper. His lawyers say this lead to mental and physical suffering. To back it up, somewhat disturbing video was shown of al-Marri in his cell, pacing in circles and then laying underneath the metal bed.
Prosecutors brought out a witness of their own: military psychologist Deborah Sirratt, who met regularly with al-Marri beginning in 2006. Sirratt said al-Marri told her he believed "infidels should be killed" and that he "talked about violence against Americans and Israelis." Sirratt said, it's likely al-Marri "would engage in hostile acts against the U.S.," although on cross examination, Sirratt admitted, its been more than a year since she last spoke to him.
Judge Mihm agreed with Sirratt assessment, saying he believes the risk of al-Marri committing a violent act is very high. "I think September 11th was the defining moment for you...that's when you decided to remain part of the conspiracy...to harm American citizens", Mihm said.
The following video is of al-Marri in prison,and used as evidence in court
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