A three-judge New York federal court ruled Thursday night that convicted Hamas and Al Qaeda terrorists did not have a fair trial because of prosecutors' use of anti-terrorist sentiment in their appeal to jurors. They said that the use of testimony with photos and video "amounted to a blatant appeal to the jury's emotions and prejudices."
A lower court in 2005 convicted cleric Mohammed Al Hasan Al-Moayad and Mohammed Mohsen Zayed for funneling money collected at a
The higher court maintained that the testimony of a relative of a suicide bombing victim referred to Hamas's campaign of terror but was not directly linked to the attack on a bus in Tel Aviv in 2002.
Both defendants might face another court trial if prosecutors opt for a re-trial. Al-Moayad was sentenced to 75 years and Zayed 45 years in prison.
Zayed's lawyer responded to the decision to overturn the conviction by insisting on his clients' innocence, "I'm delighted the Court of Appeals saw this prosecution for what it was," said attorney Jonathan Marks. "These people were essentially innocent."
The prosecution's chief witness, informer Mohammed Alanssi, set himself on fire outside the White House in 2004, a year after stating that al-Moayad had told him he delivered $20 million in cash to Al Qaeda terrorist network leader Osama Bin Laden.