THE CIVIL CASE AGAINST THE JUSTICE DEPARTMENT IS FINALLY PROCEEDING.
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-Sidney Greenberg |
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| New Developments | |
Unprecedented Charges | |
WHO IS RESPONSIBLE? | |
Summary of Terrorism Case | |
The Terrorism Case |
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THE FOLLOWING SUMMARY ABOUT THE DETROIT TERRORISM CASE AND THE RETALIATION AGAINST RICK CONVERTINO WAS COPIED FROM ANOTHER WEBSITE (AUTHOR UNKNOWN): Richard Convertino is a former federal prosecutor in Detroit, Michigan. Convertino worked for the U.S. Department of Justice for 16 years and had established an exemplary record as a highly-skilled, effective and experienced trial attorney. One of his most notable cases was that of the "Detroit Sleeper Cell".[1] Federal charges were laid in the Detroit Sleeper Cell in September 2001, very shortly following the attacks of September 11, 2001. DOJ's prosecution in U.S. v. Koubriti alleged that an apparent holiday video five men made while visiting Disneyland was really a clandestine reconnaisance video, which would allow bomb experts to plan where to plant bombs. As lead prosecutor in the Koubriti case, Convertino argued that the five men were not the Westernized, secular Muslims they seemed. The government argued that they were "Takfiris" -- radical jihadists who had a dispensation to drink alcohol, use narcotics and avoid praying, in order to blend in to western societies, while secretly plotting clandestine attacks.[2] Some doubt was cast on the prosecution's case in U.S. v. Koubriti when it was alleged that his star witness, the member of the group who turned on the others, was a known con-artist.[3] In addition it was alleged that Convertino had held back key evidence from the defense in U.S. v. Koubriti.[4] However, Convertino obtained the first, and until the guilty plea was entered in U.S. v. Moussaoui in 2005, the only, conviction of a defendant in a terrorism case post-9/11. DOJ did not accept or support the accusations raised by the Koubriti defendants against Convertino until after Convertino appeared as a witness before the U.S. Senate Finance Committee in September 2003 where Convertino disclosed the lack of DOJ support of anti-terrorism prosecutions despite the large Congressional appropriations to DOJ for this purpose post-9/11. As a direct result of Convertino's providing information to the U.S. Senate Finance Committee about the DOJ's lack of support and waste of government appropriations for anti-terrorism prosecutions DOJ started to raise allegations of misconduct against Convertino which he alleges were made in retaliation by DOJ for his disclosures to Congress. In a January 17, 2004 article in the Detroit Free Press/News it was reported that DOJ officials had released the name of a confidential informant and violated a District Court’s Sealing Order related to the sentencing hearing of this confidential informant as part of an effort to argue that Convertino had lied about his contacts with the U.S. Senate. The DOJ's actions in this regard are not only highly unusual but illegal. Convertino has alleged that the sole motive for DOJ officials violating the District Court’s Order was to leak to the news media information that DOJ believed would discredit Convertino's legally protected contacts with members of the United States Senate. In addition, Convertino has alleged that the DOJ disclosed other information to the news media that is protected by the Privacy Act in order to smear or discredit Convertino for his whistleblowing disclosures to the U.S. Senate Finance Committee. [5] Read the Lawsuit Convertino filed against Attorney General John Ashcroft. During his DOJ career Convertino received numerous commendations for exemplary work on numerous cases, including commendation letters from the United States Attorneys General, the Director of the FBI, and U.S. Attorneys, among many others. He was awarded Special Achievement Award for Superior Performance for Outstanding trial performance by then Assistant Attorney General, Robert S Mueller, III, and a commendation from Attorney General William Barr “outstanding contribution to the successful prosecution of BCCI.” He also received two Director’s Award(s) for Superior Performance as an Assistant United States Attorney, five Special Achievement Awards for Special Acts of Service to the Department, an award from the Royal Canadian Mounted Police for Outstanding Services, four Special Commendation Awards, numerous cash awards for meritorious achievement and was nominated by former Assistant Attorney General Mueller for the “John Marshall Award for Trial Litigation.” Also, Convertino had an exceptional reputation within the law enforcement community as an exceptionally competent, dedicated and highly professional prosecutor. For example, former FBI Director Louis Freeh issued numerous personal commendations to Convertino. Regarding Convertino's handling of a major criminal RICO case, Freeh stated, “Your diligence, perseverance and leadership contributed immeasurably to the favorable outcome." After Convertino obtained the conviction of Detroit La Cosa Nostra members, the FBI Director wrote, “I want to commend your all-out commitment to bringing the defendants to justice, which could be seen from your willingness to endure the hardship of being separated from your family for extended periods. Also, meriting special recognition is your outstanding performance in the courtroom while chairing the prosecutive team. The jury’s decision to find both defendants guilty can certainly be attributed to your superb efforts, in which you have every right to be proud.” In a handwritten personal note to Convertino, Attorney General Janet Reno wrote: “Congratulations for the great work done under your leadership ... You are an example for other districts! ... I am deeply grateful for the work that you and your colleagues do to make a difference in the lives of so many.” Convertino’s DOJ performance reviews consistently rated him in the highest rating category and he was regularly praised for his exceptional trial skills. As stated in his most recent review before leaving DOJ, Convertino's superiors wrote, “quite simply, Rick is one of the best trial attorneys in this Office. His courtroom presence, preparation and willingness to put in 18 hour days make him an exceptional trial attorney. In fact, there is no one for whom I would feel more comfortable with in a major trial. Most importantly, Rick feels that all trials are major. His preparation is outstanding.” On March 29, 2006, the DOJ announced a criminal indictment of Convertino and Harry Raymond Smith, former security official assigned to the US Embassy in Amman, Jordan, who served as a government witness in the U.S. v. Koubriti case. [6] Convertino and Smith were indicted on charges of obstruction of justice and conspiracy to obstruct justice in the U.S. v. Koubritti. The government's prosecution of Convertino and Smith is unprecedented. There are no known cases where the U.S. government has criminally prosecuted a federal prosecutor for obstruction of justice. The DOJ's prosecution of Convertino has been denounced as retaliation against Convertino for his whistleblowing. [7] The Richard Convertino Defense Fund web site has information claiming that the Koubriti defendants were in fact linked to terrorism and how the prosecution of Convertino is politically motivated and retaliation for his speaking out to Congress. [8] On April 21, 2006, the day Convertino and Smith were arraigned, the Associated Press reported that an FBI report casts serious doubt on the DOJ's indictment. [9] According to the AP, the FBI analyzed the photographs that are the centerpiece of the DOJ's prosecution case against Convertino and Smith and the FBI concluded that photographic evidence does in fact match, in significant respects, the sketch that was found in the possession of the Koubriti defendants. If the photographs match the sketch then the DOJ's claim that Convertino and Smith conspired to lie conceal that evidence in the Koubriti case will be seriously undercut. References 1. ↑ Detroit 'Sleeper Cell' Prosecutor Faces Probe, washingtonpost.com, November 20, 2005 2. ↑ USA v. Karim Kobrouti et al., Findlaw 3. ↑ Detroit 'Sleeper Cell' Prosecutor Faces Probe: Grand Jury Considering Indictment for Misconduct, Washington Post, November 4, 2005 4. ↑ Judge throws out terror convictions, USA Today, September 1, 2004 |
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THE SKETCH FOUND IN THE DAY PLANNER MATCHES SATELLITE PHOTOS OF THE QUEEN ALIA HOSPITAL IN JORDAN, JUST AS WAS REPRESENTED DURING TRIAL! Look at the sketch on this pageand read the article by Associated Press reporter John Solomon below. THE GUILTY VERDICTS IN THE DETROIT TERRORISM CASE WERE JUST! "The government now agrees, after three years of inquiry and millions of dollars, that the evidence in the original case proves the terrorist convictions originally rendered by the jury," attorney Bill Sullivan said. READ THE ENTIRE AP ARTICLE BY JOHN SOLOMON FBI ANALYSIS RAISES NEW QUESTIONS IN BUNGLED TERROR CASE By John Solomon ASSOCIATED PRESS 2:29 p.m. April 20, 2006 WASHINGTON – A new FBI analysis of evidence in a bungled Detroit terrorism trial undercuts the recent indictment of the former prosecutor in the case, creating fresh conflict in a legal drama that has embarrassed the Bush administration. The 13-page report by FBI Agent Paul George concludes that satellite photos of a Jordanian hospital closely match hand-drawn sketches found in 2001 inside the apartment of four Detroit men who the government claimed had surveyed the site as part of a terrorist plot. The new analysis conflicts with the Justice Department's argument that photographic evidence did not match the sketches. George testified at the 2003 Detroit terrorism trial and produced the new analysis around the time he was called to testify late last year before a grand jury that eventually indicted the prosecutor for wrongdoing in the case, officials said. The agent's report was obtained by The Associated Press. Convictions of three of the four Detroit men – arrested shortly after the Sept. 11 attacks – were tossed out in 2004 after the Justice Department told the court its own prosecutors withheld photos from defense lawyers that could have helped prove the defendants innocence. Last month, former Assistant U.S. Attorney Richard G. Convertino and a State Department investigator were indicted on charges they conspired at the trial to withhold the pictures because they would have shown that the drawings were not surveillance sketches of the hospital, as Convertino and trial witnesses had portrayed. “The object of the conspiracy was to present false evidence at trial and to conceal inconsistent and potentially damaging evidence,” the indictment alleges. In an earlier court filing, Justice went further, claiming the photos disproved the sketches: “It is difficult if not impossible to compare the day-planner sketches with the photos and see a correlation.” Department officials said they were aware of George's report, but remained confident they could prove the ex-prosecutor and the State Department official lied about the existence of the photos, which were e-mailed to Convertino before the trial and were not turned over to defense lawyers. Convertino said he never saw the e-mail or photos. “The pending prosecution is not about the guilt or innocence of the defendants,” Justice spokesman Bryan Sierra said. “This is about lies perpetrated by a federal prosecutor and a federal agent, as alleged in the indictment. It's about perjury and the integrity and fairness of the judicial system.” Justice officials also acknowledge they don't possess one of the two sets of photos they accuse Convertino of withholding. Aerial photos believed to have been taken by helicopter before the trial are missing, but prosecutors do have a set of ground photos of the Jordanian hospital they say were e-mailed to Convertino before the trial. |
Convertino alleges he is being prosecuted solely because he sued then-Attorney General John Ashcroft in 2004, alleging mismanagement of the war on terror. Convertino is due in court Friday. His lawyer said Thursday the new FBI analysis “disproves the indictment's preposterous allegations” and vindicates the original terrorism convictions. “The government now agrees, after three years of inquiry and millions of dollars, that the evidence in the original case proves the terrorist convictions originally rendered by the jury,” attorney Bill Sullivan said The criminal charges against Convertino are based on the principle that prosecutors must turn over to defendants all evidence that could help them prove their innocence. Legal experts said the emergence of George's analysis could help Convertino's lawyer create reasonable doubt. Defense lawyers could argue that if photos matched the sketches – instead of disproved them – Convertino would have had no motive to hide them and no obligation to turn them over, experts said. “We don't know yet what other evidence Justice might have, so we have to wait and see but this new information seriously weakens the allegations as initially reported,” New York University School of Law professor Stephen Gillers said. Gillers said the fact that an FBI agent would create an analysis that could undercut Convertino's indictment “signals disagreement about the wisdom of this prosecution within the enforcement agency.” The FBI analysis is the latest twist in a case that once was hailed by the administration as a major success in the war on terror but has become a lingering embarrassment. Three of the four defendants were convicted on various charges, but the Justice Department reversed course after the trial and took the rare step of persuading a judge to throw out their convictions, alleging misconduct by Convertino. A lawyer for one of the defendants, Karim Koubriti, said he was surprised to learn about George's new analysis but remains focused on defending his client against new federal fraud charges. “Mr. Koubriti has maintained his innocence from the beginning and he continues to maintain his innocence. And we are going to work to prove that regardless of the outcome of the Convertino case,” federal public defender James Gerometta said. George, who was one of Convertino's witnesses at the 2003 trial, conducted his analysis late last year as Justice was pursuing the criminal charges against Convertino and threatening at least one fellow FBI agent with prosecution. The agent overlaid satellite photos of the Jordanian hospital obtained from the Google satellite photo service with the defendants' original sketches. He identified numerous matching points. “Close up showing Parking reference on sketch,” George wrote on a page showing a satellite photo with the parking lot and how it matched the sketch. George noted the defendants had written in Arabic on the sketch, “Behind (Back) Parking, Private Non-Direct.” George wrote that two darkened lines on the sketch closely resembled two roads on the satellite photos and that X's marked on the sketches “may indicate highway exits” shown on the satellite images. He also said slight variations between the roads on the sketches and the roads shown on the satellite images could be explained. “Exaggerated turns in sketch may indicate sharp drop in road grade,” George wrote. -------------------------------------------------------------------------------- |
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THE SKETCH IN THE DAY PLANNER HAD THE WORDS "QUEEN ALIA MILITARY" WRITTEN ON THE PAGE and "Behind (Back) Parking, Private Non-Direct.” FBI AGENT PAUL GEORGE PRESENTED HIS REPORT AND OVERLAYED THE SATELLITE PHOTOS WITH THE SKETCH FOR THE GRAND JURY. DESPITE THE FACT THAT HIS REPORT PROVED TO THE PROSECUTORS AND THE GRAND JURORS THAT THE PICTURES WOULD HAVE HELPED TO CONVICT THE TERRORISTS, EILEEN GLEASON AND DAN SCHWAGER STILL ASKED FOR AN INDICTMENT AGAINST RICK CONVERTINO AND HARRY RAYMOND SMITH! IF HE HAD THEM, RICK CONVERTINO WOULD HAVE HAD NO REASON NOT TO TURN OVER PICTURES! |
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