A few weeks ago Judge Watson accepted a new plea agreement that was entered into by the United States and Ali Aladimi. After all the talk of supporting terrorism and claims by the government that at trial Ali could get more than a twenty year sentence... not to mention the constant assertion by the feds that Mr. Aladimi is a flight risk it turns out that he will serve about one more year, then be transfered to a halfway house for another year and then be on probation until the end of his sentence. The plea agreement calls for a total of 97 months, most of which has already been served in county jails waiting for trial or bail, neither of which ever came.
In the agreement Ali has admitted to certain facts. Considering that a previous agreement was overturned last year and that the government was prepared to offer no evidence other than the testimony of convicted felons to prove their case, and Ali's adament denial of guilt at all times and in all circumstances prior to entering the plea I find it hard to believe that these admissions bear very much resemblance to the truth. We have reached a point where a huge number of convictions in federal and state cases are negotiated settlements not unlike in civil cases. But the truth should not and cannot be negotiated. We have all been cheated. None of us really knows what Ali did or didn't do. Was he really the ring leader of a big meth-amphetamine operation? Did he really send money to overseas terrorist organizations? Was he simply an aggressive businessman who was targeted by the Ashcroft Justice Department in the wake of 9/11 because of his national origin and religion? Was he truly innocent of all charges? I know what I believe but I may never actually know because none of the evidence has come out in a trial.
Nearly every news article about this case contained the word "terrorism" in it's body if not headline. None of the charges Ali pled guilty to have anything to do with terrorism. Furthermore the plea agreement prohibits the U.S. from pursuing any charges for actions prior to the agreement that the investigators had any knowledge of. So there have been no terrorism charges and there never will be. Where is the Dayton Daily News headline: "Beavercreek Man is NOT a Terrorist."? I won't be holding my breath. Here are two examples of the type of lackluster and biased coverage this case has received from the Cincinnati Enquirer and Dayton Daily News respectively.
More details to come.
Wednesday, November 21, 2007
Thursday, March 15, 2007
Ali's motion denied
So Ali will remain in jail until trial. Read the Cincinnati Enquirer's account of the bond hearing here. It's mostly accurate but states that cash was seized from Ali upon his arrest. Actually the cash had been seized over two years earlier at a time when no charges had been filed. Considering the fact that Ali knew for more than two years that he was being investigated and chose to remain in this country and continue his business why is the government so concerned that he will flee the country now? Ali's attorney made excellent arguments for bond. Of great importance is how burdensome it will be for him to prepare for a June trial with his client in a jail 45 minutes away.
Also of interest in the hearing in that the judge allowed prosecutor's to present him with information relevant to the case in a closed-door session without the presence of defense cousel. He then sealed the record of the hearing. This is highly unusual and there are reports that the defense may take action regarding this very soon.
Also of interest in the hearing in that the judge allowed prosecutor's to present him with information relevant to the case in a closed-door session without the presence of defense cousel. He then sealed the record of the hearing. This is highly unusual and there are reports that the defense may take action regarding this very soon.
Friday, March 2, 2007
Third time's the Charm
Ali's bond hearing in February was canceled due to weather. It has now been rescheduled for March 14 at 11:00am. He has recently been transferred from the Hamilton County Ohio Justice Center to the Grant County Kentucky jail.
Tuesday, February 13, 2007
Bond Hearing Feb. 15!
The issue of bond will now be heard at 2:00pm on Thursday at the Potter Stewart Courthouse in downtown Cincinnati. Tell your friends and do your best to be there.
Friday, January 5, 2007
Bond hearing postponed
The bond hearing that had been scheduled for today has been postponed. A new date has not been set as of this writing. I've just spoken with Br. Ali. He was kept in a holding cell today at the courthouse today from 7:00am until almost 2:30 when he was informed the hearing would not take place. Several of us were at the courthouse as well. We received an apology for the lack of notice but it is very frustrating for everyone who is trying to support this brother.
As soon as the hearing is scheduled I'll post the details here so check back often.
Peace be with you.
As soon as the hearing is scheduled I'll post the details here so check back often.
Peace be with you.
Saturday, December 30, 2006
Five years is too long to wait for justice!
In the Name of God, the Beneficent, the Merciful
Assalamu Alaikum and Eid Mubarak!
Sadly one of our Muslim brothers is spending his fifth Eid-al-Adha in a county jail without ever having been convicted of a crime. In May of 2004 Ali Aladimi was coerced into accepting a plea agreement. On Sept. 14, 2006 in Federal Court here in Cincinnati that bogus Plea deal was set aside. Trial has been set for June 7, 2007.
Despite the fact that Ali is an American citizen with a wife and six children the Court has considered him a “flight risk” in the past. Friends and family who know him are willing to put up cash and property for a bond but chances are slim he will be released. This will make it very difficult for him to prepare a defense. If he is denied bail again he will have been detained for over five years before his trial even begins.
Five Years
No Bail…No Trial...No Sentence…
The bond hearing is set for Friday Jan. 5 at 2:30 p.m.
Potter Stewart U.S. Courthouse
100 East Fifth Street
Cincinnati, Ohio
Please try to attend this hearing and make du’a for Br. Ali that he be released. You can make a difference.
Assalamu Alaikum and Eid Mubarak!
Sadly one of our Muslim brothers is spending his fifth Eid-al-Adha in a county jail without ever having been convicted of a crime. In May of 2004 Ali Aladimi was coerced into accepting a plea agreement. On Sept. 14, 2006 in Federal Court here in Cincinnati that bogus Plea deal was set aside. Trial has been set for June 7, 2007.
Despite the fact that Ali is an American citizen with a wife and six children the Court has considered him a “flight risk” in the past. Friends and family who know him are willing to put up cash and property for a bond but chances are slim he will be released. This will make it very difficult for him to prepare a defense. If he is denied bail again he will have been detained for over five years before his trial even begins.
Five Years
No Bail…No Trial...No Sentence…
The bond hearing is set for Friday Jan. 5 at 2:30 p.m.
Potter Stewart U.S. Courthouse
100 East Fifth Street
Cincinnati, Ohio
Please try to attend this hearing and make du’a for Br. Ali that he be released. You can make a difference.
Thursday, December 28, 2006
Ali's Story
EDITOR'S NOTE: Following is an account of the facts as written by Ali Aladimi himself. I have made some minor changes in order to limit redundancy and improve flow. Most of what is stated here can be verified by court records. My hope is that by reading this you will have a better understanding of how our system of justice has failed this brother and our great country in this case.
Ali in his own words...
Ali Aladimi is a U.S. citizen originally from Yemen. He came to the United States in June 1982, graduated from college in 1988 with a Bachelor of Science degree in Electrical and Electronics Engineering from North Dakota State University, married with six children. He started his business in 1991, and his business developed throughout the years. Basically, he achieved the American dream and became a millionaire. Unfortunately after 9-11, his American dream became an American nightmare. Mr. Aladimi became an ex-millionaire and has been reduced to a pauper languishing in county jails for more than four and a half years.
Mr. Aladimi’s troubles with the U.S. government started in 1999 when he called the government to notify them of his intention of transferring about $1 million in cash. He was told it was okay, as long as de declared it at the airport. His intention was to invest in the currency trading business in Yemen. About a month before the flight, Mr. Aladimi was served a search warrant and the money was seized, as well as some pseudoephedrine based cold medication with a bogus allegation that he was involved in supplying clandestine labs to manufacture methamphetamine. The government declared to the local media in Dayton that they had recorded conversations implicating Mr. Aladimi with drug traffickers, a baseless accusation and an absolute lie. In fact, DEA agents admitted in a deposition that they attempted to set him up in a sting operation, but failed, as they did on many occasions. The government never suspended Mr. Aladimi’s license, but rather renewed it, and they did not return the cash or the products back to him. Later, they claimed that the cash was on route to Bin Laden.
On December 7, 2001, about three months after September 11, Mr. Aladimi was arrested and his warehouses were raided alleging the inventories were stolen products, and he was transferred to Fresno, California, to face charges of conspiracy to distribute pseudoephedrine, of which he had no idea. Bail was initially denied because the government claimed that more charges are imminent and he was a flight risk. During his incarceration in California, the government solicited his cooperation in exposing sleeper cells, and they indicated he knew and had connection with many Arabs who used charity as a cover up for supporting terrorism. In exchange, Mr. Aladimi will be released and all his assets will be returned, as well as a substantial reward. He declined and denied any knowledge or involvement with terrorism. On April 24, 2002, he filed for another bail hearing and the judge ordered his release on bond of about $450,000.00. The government threatened to appeal the judge’s order, unless Mr. Aladimi agreed to certain conditions, which included putting his home, the seized cash, and some inventory, which totaled $2.5 million, as a bond. After six months in jail, Mr. Aladimi was released on bond. No additional charges were filed, and the “stolen” products were returned to him. In the summer of 2002 he was subjected to yet another pathetic undercover sting operation. It failed; his brother in Yemen was arrested and was questioned by Yemeni authorities, along with his accountant in Yemen, about his generous donation to widows and orphans. Mr. Aladimi was released after spending ten days in custody with Al Qaida suspects.
On December 31, 2002, Mr. Aladimi was arrested again with an allegation of receiving stolen goods, which has nothing to do with terrorism. The government conducted a sophisticated smear campaign against him, his family, and his business. He was exposed worldwide as a supporter of terrorism. He was shocked and embarrassed of this allegation, especially on Arab media. On the day of September 11, 2001 Mr. Aladimi was at the U.S. Embassy in Yemen trying to secure visas for twenty five workers based on a permit he obtained from the INS. The government misrepresented his perfectly legal and legitimate effort to bring skilled workers to America to work on a design, for which he had obtained a patent a year prior. They made an unsubstantiated accusation in open court to manipulate the judge’s mind to deny him bail.
On April 16, 2003, the government added more charges and they added Mr. Aladimi’s wife to his indictment with 63 counts of deliberate false charges without any evidence, but none including charges related to the cash seized four years earlier, and NOT a single charge related to terrorism. In fact, the government made it clear on record, that he was not connected to any form of terror related activities. They blame the media for making such connections. Again, he was on the media and his reputation which he had built for thirteen years as an honest businessman was greatly tarnished. On June 6, 2003, Mr. Aladimi filed another motion for a bail hearing. Many distinguished members of the community pledged over one million dollars of property, in addition to the previous bail. The judge denied his release. Every subsequent motion for bail hearings were flatly denied to even be heard. Ever since, he has been designated ostensibly as a flight risk, despite the fact that he had just been released and never fled. Mr. Aladimi remained bitterly stricken by the flagrant violation of a basic fundamental constitutional right.
. Mr. Aladimi was subjected to intense pressure to plead guilty. In September 2003 he was asked to plead guilty to some of these charges, as well as to one charge of supporting terrorism, which he was not charged with, yet he was asked to plead guilty to it, Mr. Aladimi refused. On March 22, 2004, court hearing the judge denied Mr. Aladimi a reasonable treatment while he was lying on the courtroom floor in pain, fully shackled like a wild animal, and stretching his neck to peer out to see and hear who was saying what on the witness stand. Imagine: an American citizen lying shackled in the federal court where victims of racial discrimination or injustice seek and find relief. This was a violation of his presumption of innocence. Mr. Aladimi’s trial was finally scheduled for July 6, 2004, but on May 10, 2004, he felt he was under siege by all forces: the government, the court, and his own attorney, who knowingly and intentionally was in cahoots with the government in preparing the plea agreement without his consent or knowledge.
Mr. Aladimi was subjected to an intense pressure and was coerced to plead guilty, despite the fact that he persistently maintained his innocence for two years. Mr. Aladimi was told that if he did not agree to the terms of the plea agreement, then he would be charged with assisting terrorism, furthermore he was told “in writing” that the judge presiding over his case was conservative and had a negative view of him, that then U.S. Attorney General John Ashcroft was involved in the case and that Mr. Aladimi’s wife and children would be tarnished forever and would have to endure the shame of being associated with a Muslim terrorist, be financially deprived and left without a home. Mr. Aladimi was told it was ludicrous to believe a man like him from Yemen could receive a fair trial or fair consideration on appeal in a conservative white area such as Cincinnati, that he would be convicted regardless of his innocence, and that he would face life and would be guaranteed to die in prison. Under the above revelations, he capitulated. The government misconstrued his generous donations for fifty orphans, and over one hundred widows and other charitable donations, as a cover of supporting terrorism, which denotes an overwhelming paranoia of a negative nature toward Arab American Muslims. Basically, the very existence of an innocent Arab in the land of justice was obliterated and the system was shut down, and the right for a jury trial was taken away from him. On May 25, 2004, under these circumstances Mr. Aladimi had no choice but to reluctantly plead guilty, while he is innocent, to 12 ½ to 14 years in prison and agreed to forfeit over four million of his assets. To maximize his prison sentence, the government classified him as a ring leader, only his wife Mary was identified as a member, yet he pled guilty to that, too. Furthermore, the agreement presented to him in court on May 25, 2005, was fundamentally different than the agreement initially imposed on him. Yet Mr. Aladimi pled to the changes they made without his knowledge.
The government promised Mr. Aladimi a substantial discount to his sentence if he cooperated with them and identified some sleeper cells or other supporters of terrorism, which he could not help them with. After meeting with the government four times, he came to a conclusion that he was falsely charged and illegally coerced to plead guilty. The most absurd conclusion the government came up with is that since Mr. Aladimi was supporting widows and orphans, then he must be supporting terrorism, because that is what Hamas does to the suicide bomber’s family left behind! He was asked a wide range of terrorism related questions, and of any connection to Bin Laden or Al Quada and other terrorist organizations, which he had nothing to do with, other than being a Muslim like them.
Luckily Mr. Aladimi was transferred to yet another county jail where he met a journalist inmate who helped him dramatically. He introduced Mr. Aladimi to the law library in jail. It was astonishing to Mr. Aladimi to learn of the flagrant violations of his rights and the prosecutors’ unethical conduct in leading him to plea guilty. He prepared a motion requesting the recusal of the judge, who knowingly failed to treat him fairly and failed to follow the proper judicial procedure by being biased toward the government. On January 15, 2005, Mr. Aladimi filed a motion to withdraw his guilty plea. At first the judge refused to recuse herself, but on April 11, 2005, Mr. Aladimi had his motion to withdraw his guilty plea heard and the judge later recused herself from his case, and she cited in her order that Mr. Aladimi’s testimony was compelling. On April 25, 2005, Judge Michael Watson was assigned to preside over his case, and after eight months, he denied Mr. Aladimi’s motion
No reasonable judge would have denied Mr. Aladimi’s motion to withdraw his guilty plea considering the circumstances. It is frightening to read in his decision that Mr. Aladimi pled guilty based on his own free will and his arguments were not simply credible. Even worse, the judge agreed with the government that taking his case to trial will incur significant additional costs. However, it is okay to appropriate Mr. Aladimi’s assets and send him to prison for 12 ½ to 14 years. Further the judge never even addressed the argument that Mr. Aladimi had been cheated with the plea agreement.
The U.S. Government argued that Muslim inmates in Guantanamo Bay were not protected by the U.S. Constitution. Yet, as a Muslim inmate in the United States, there is no difference for Mr. Aladimi. What rights has he been afforded? It appears that in the government’s mind Mr. Aladimi has no rights and is a legitimate target in its war on terror based solely on his religion and ethic background. At first, he automatically assumed that he would be in the midst of people of great learning and dignity and respect and love for humanity, fueled by the U.S. Constitution and zealous devotion to fairness, justice, and objectivity. In contrast, Mr. Aladimi is facing an entire society on entirely unfamiliar grounds with daunting challenges, full of official deception, court prejudice and bias as well as unethical conduct by his former attorney. This is collectively known to me as the “new American justice”.
His sentencing was scheduled on April 24, 2006, the government demanded that he be sentenced to twenty years in prison. The PSI report recommended eighteen and a half years. At this time, he was approached to accept a deal of 57 – 71 months in exchange for dropping his rights for an appeal; he declined. Sentencing was delayed to June 15, 2006. The offer was repeated again, and again he declined the offer. On the sentencing day, the judge decided not to sentence Ali Aladimi, because the judge said Mr. Aladimi’s case has raised many eyebrows. Mr. Aladimi instructed his attorney to file a motion to reconsider his previous decision and to proceed with the case to trial. The war in the Middle East broke out, and the government quickly took advantage of the opportunity to accuse Mr. Aladimi of supporting terrorist organizations in the Middle East, without any proof. The judge again decided to sentence Mr. Aladimi; sentencing was schedule on Sept. 24, 2006. On sentencing, the judge again decided not to sentence Mr. Aladimi and allowed his case to proceed to trial. He issued his order for a speedy trial on November 27, 2006. The government filed a motion demanding a trial on June 4, 2007. Initially, Mr. Aladimi agreed to that date, but later changed his mind and decided not to sign a waiver for a speedy trial without being released, especially after being in county jails for four and a half years. Mr. Aladimi has been approached again to settle his case for time served; he declined.
Because Mr. Aladimi changed his mind not to sign a waiver for a speedy trial, the government filed a motion on October 23, 2006, demanding he be sentenced for twenty years and they filed another motion at the Sixth Circuit Appeal Court on October 30, 2006, appealing the judge’s decision to allow Mr. Aladimi to proceed to trial. Shortly after, the government received a note from Washington, D.C. to withdraw their meritless motion. They did and on December 14, 2006, Judge Watson denied their motion for sentencing Mr. Aladimi, and he decided the trial will be as scheduled on June 4, 2007, with a bond hearing on January 5, 2007.
Ali in his own words...
Ali Aladimi is a U.S. citizen originally from Yemen. He came to the United States in June 1982, graduated from college in 1988 with a Bachelor of Science degree in Electrical and Electronics Engineering from North Dakota State University, married with six children. He started his business in 1991, and his business developed throughout the years. Basically, he achieved the American dream and became a millionaire. Unfortunately after 9-11, his American dream became an American nightmare. Mr. Aladimi became an ex-millionaire and has been reduced to a pauper languishing in county jails for more than four and a half years.
Mr. Aladimi’s troubles with the U.S. government started in 1999 when he called the government to notify them of his intention of transferring about $1 million in cash. He was told it was okay, as long as de declared it at the airport. His intention was to invest in the currency trading business in Yemen. About a month before the flight, Mr. Aladimi was served a search warrant and the money was seized, as well as some pseudoephedrine based cold medication with a bogus allegation that he was involved in supplying clandestine labs to manufacture methamphetamine. The government declared to the local media in Dayton that they had recorded conversations implicating Mr. Aladimi with drug traffickers, a baseless accusation and an absolute lie. In fact, DEA agents admitted in a deposition that they attempted to set him up in a sting operation, but failed, as they did on many occasions. The government never suspended Mr. Aladimi’s license, but rather renewed it, and they did not return the cash or the products back to him. Later, they claimed that the cash was on route to Bin Laden.
On December 7, 2001, about three months after September 11, Mr. Aladimi was arrested and his warehouses were raided alleging the inventories were stolen products, and he was transferred to Fresno, California, to face charges of conspiracy to distribute pseudoephedrine, of which he had no idea. Bail was initially denied because the government claimed that more charges are imminent and he was a flight risk. During his incarceration in California, the government solicited his cooperation in exposing sleeper cells, and they indicated he knew and had connection with many Arabs who used charity as a cover up for supporting terrorism. In exchange, Mr. Aladimi will be released and all his assets will be returned, as well as a substantial reward. He declined and denied any knowledge or involvement with terrorism. On April 24, 2002, he filed for another bail hearing and the judge ordered his release on bond of about $450,000.00. The government threatened to appeal the judge’s order, unless Mr. Aladimi agreed to certain conditions, which included putting his home, the seized cash, and some inventory, which totaled $2.5 million, as a bond. After six months in jail, Mr. Aladimi was released on bond. No additional charges were filed, and the “stolen” products were returned to him. In the summer of 2002 he was subjected to yet another pathetic undercover sting operation. It failed; his brother in Yemen was arrested and was questioned by Yemeni authorities, along with his accountant in Yemen, about his generous donation to widows and orphans. Mr. Aladimi was released after spending ten days in custody with Al Qaida suspects.
On December 31, 2002, Mr. Aladimi was arrested again with an allegation of receiving stolen goods, which has nothing to do with terrorism. The government conducted a sophisticated smear campaign against him, his family, and his business. He was exposed worldwide as a supporter of terrorism. He was shocked and embarrassed of this allegation, especially on Arab media. On the day of September 11, 2001 Mr. Aladimi was at the U.S. Embassy in Yemen trying to secure visas for twenty five workers based on a permit he obtained from the INS. The government misrepresented his perfectly legal and legitimate effort to bring skilled workers to America to work on a design, for which he had obtained a patent a year prior. They made an unsubstantiated accusation in open court to manipulate the judge’s mind to deny him bail.
On April 16, 2003, the government added more charges and they added Mr. Aladimi’s wife to his indictment with 63 counts of deliberate false charges without any evidence, but none including charges related to the cash seized four years earlier, and NOT a single charge related to terrorism. In fact, the government made it clear on record, that he was not connected to any form of terror related activities. They blame the media for making such connections. Again, he was on the media and his reputation which he had built for thirteen years as an honest businessman was greatly tarnished. On June 6, 2003, Mr. Aladimi filed another motion for a bail hearing. Many distinguished members of the community pledged over one million dollars of property, in addition to the previous bail. The judge denied his release. Every subsequent motion for bail hearings were flatly denied to even be heard. Ever since, he has been designated ostensibly as a flight risk, despite the fact that he had just been released and never fled. Mr. Aladimi remained bitterly stricken by the flagrant violation of a basic fundamental constitutional right.
. Mr. Aladimi was subjected to intense pressure to plead guilty. In September 2003 he was asked to plead guilty to some of these charges, as well as to one charge of supporting terrorism, which he was not charged with, yet he was asked to plead guilty to it, Mr. Aladimi refused. On March 22, 2004, court hearing the judge denied Mr. Aladimi a reasonable treatment while he was lying on the courtroom floor in pain, fully shackled like a wild animal, and stretching his neck to peer out to see and hear who was saying what on the witness stand. Imagine: an American citizen lying shackled in the federal court where victims of racial discrimination or injustice seek and find relief. This was a violation of his presumption of innocence. Mr. Aladimi’s trial was finally scheduled for July 6, 2004, but on May 10, 2004, he felt he was under siege by all forces: the government, the court, and his own attorney, who knowingly and intentionally was in cahoots with the government in preparing the plea agreement without his consent or knowledge.
Mr. Aladimi was subjected to an intense pressure and was coerced to plead guilty, despite the fact that he persistently maintained his innocence for two years. Mr. Aladimi was told that if he did not agree to the terms of the plea agreement, then he would be charged with assisting terrorism, furthermore he was told “in writing” that the judge presiding over his case was conservative and had a negative view of him, that then U.S. Attorney General John Ashcroft was involved in the case and that Mr. Aladimi’s wife and children would be tarnished forever and would have to endure the shame of being associated with a Muslim terrorist, be financially deprived and left without a home. Mr. Aladimi was told it was ludicrous to believe a man like him from Yemen could receive a fair trial or fair consideration on appeal in a conservative white area such as Cincinnati, that he would be convicted regardless of his innocence, and that he would face life and would be guaranteed to die in prison. Under the above revelations, he capitulated. The government misconstrued his generous donations for fifty orphans, and over one hundred widows and other charitable donations, as a cover of supporting terrorism, which denotes an overwhelming paranoia of a negative nature toward Arab American Muslims. Basically, the very existence of an innocent Arab in the land of justice was obliterated and the system was shut down, and the right for a jury trial was taken away from him. On May 25, 2004, under these circumstances Mr. Aladimi had no choice but to reluctantly plead guilty, while he is innocent, to 12 ½ to 14 years in prison and agreed to forfeit over four million of his assets. To maximize his prison sentence, the government classified him as a ring leader, only his wife Mary was identified as a member, yet he pled guilty to that, too. Furthermore, the agreement presented to him in court on May 25, 2005, was fundamentally different than the agreement initially imposed on him. Yet Mr. Aladimi pled to the changes they made without his knowledge.
The government promised Mr. Aladimi a substantial discount to his sentence if he cooperated with them and identified some sleeper cells or other supporters of terrorism, which he could not help them with. After meeting with the government four times, he came to a conclusion that he was falsely charged and illegally coerced to plead guilty. The most absurd conclusion the government came up with is that since Mr. Aladimi was supporting widows and orphans, then he must be supporting terrorism, because that is what Hamas does to the suicide bomber’s family left behind! He was asked a wide range of terrorism related questions, and of any connection to Bin Laden or Al Quada and other terrorist organizations, which he had nothing to do with, other than being a Muslim like them.
Luckily Mr. Aladimi was transferred to yet another county jail where he met a journalist inmate who helped him dramatically. He introduced Mr. Aladimi to the law library in jail. It was astonishing to Mr. Aladimi to learn of the flagrant violations of his rights and the prosecutors’ unethical conduct in leading him to plea guilty. He prepared a motion requesting the recusal of the judge, who knowingly failed to treat him fairly and failed to follow the proper judicial procedure by being biased toward the government. On January 15, 2005, Mr. Aladimi filed a motion to withdraw his guilty plea. At first the judge refused to recuse herself, but on April 11, 2005, Mr. Aladimi had his motion to withdraw his guilty plea heard and the judge later recused herself from his case, and she cited in her order that Mr. Aladimi’s testimony was compelling. On April 25, 2005, Judge Michael Watson was assigned to preside over his case, and after eight months, he denied Mr. Aladimi’s motion
No reasonable judge would have denied Mr. Aladimi’s motion to withdraw his guilty plea considering the circumstances. It is frightening to read in his decision that Mr. Aladimi pled guilty based on his own free will and his arguments were not simply credible. Even worse, the judge agreed with the government that taking his case to trial will incur significant additional costs. However, it is okay to appropriate Mr. Aladimi’s assets and send him to prison for 12 ½ to 14 years. Further the judge never even addressed the argument that Mr. Aladimi had been cheated with the plea agreement.
The U.S. Government argued that Muslim inmates in Guantanamo Bay were not protected by the U.S. Constitution. Yet, as a Muslim inmate in the United States, there is no difference for Mr. Aladimi. What rights has he been afforded? It appears that in the government’s mind Mr. Aladimi has no rights and is a legitimate target in its war on terror based solely on his religion and ethic background. At first, he automatically assumed that he would be in the midst of people of great learning and dignity and respect and love for humanity, fueled by the U.S. Constitution and zealous devotion to fairness, justice, and objectivity. In contrast, Mr. Aladimi is facing an entire society on entirely unfamiliar grounds with daunting challenges, full of official deception, court prejudice and bias as well as unethical conduct by his former attorney. This is collectively known to me as the “new American justice”.
His sentencing was scheduled on April 24, 2006, the government demanded that he be sentenced to twenty years in prison. The PSI report recommended eighteen and a half years. At this time, he was approached to accept a deal of 57 – 71 months in exchange for dropping his rights for an appeal; he declined. Sentencing was delayed to June 15, 2006. The offer was repeated again, and again he declined the offer. On the sentencing day, the judge decided not to sentence Ali Aladimi, because the judge said Mr. Aladimi’s case has raised many eyebrows. Mr. Aladimi instructed his attorney to file a motion to reconsider his previous decision and to proceed with the case to trial. The war in the Middle East broke out, and the government quickly took advantage of the opportunity to accuse Mr. Aladimi of supporting terrorist organizations in the Middle East, without any proof. The judge again decided to sentence Mr. Aladimi; sentencing was schedule on Sept. 24, 2006. On sentencing, the judge again decided not to sentence Mr. Aladimi and allowed his case to proceed to trial. He issued his order for a speedy trial on November 27, 2006. The government filed a motion demanding a trial on June 4, 2007. Initially, Mr. Aladimi agreed to that date, but later changed his mind and decided not to sign a waiver for a speedy trial without being released, especially after being in county jails for four and a half years. Mr. Aladimi has been approached again to settle his case for time served; he declined.
Because Mr. Aladimi changed his mind not to sign a waiver for a speedy trial, the government filed a motion on October 23, 2006, demanding he be sentenced for twenty years and they filed another motion at the Sixth Circuit Appeal Court on October 30, 2006, appealing the judge’s decision to allow Mr. Aladimi to proceed to trial. Shortly after, the government received a note from Washington, D.C. to withdraw their meritless motion. They did and on December 14, 2006, Judge Watson denied their motion for sentencing Mr. Aladimi, and he decided the trial will be as scheduled on June 4, 2007, with a bond hearing on January 5, 2007.
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