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[[Here is what I have written to send to my two Senators, Webb and Warner. I haven't sent it yet. I will wait a day for you to offer any suggestions.]] Sent as below.
February 5, 2010
Dear Senator Webb, [Warner]
Please be advised that the recently concluded trial of Dr. Aafia Siddiqui, in New York City, for attempted murder, produced a guilty verdict which, on its face, was unjust and colored by prejudice against a defendant who was labeled as an al Qaeda terrorist in daily New York City press reports throughout the trial. The jury was not sequestered and the trial was replete with innuendo about Dr. Siddiqui’s jihadi motivations. However, the prosecution repeatedly stated she was not on trial for terrorism, but purely for attempted murder of US and Afghan personnel at a police holding location in Ghazni, Afghanistan.
The problem that I have with the trial and its result is that a person was brought to the United States and charged with attempted murder in our Courts without any reasonable crime scene investigations having been performed. The result was that no physical evidence was presented that Dr. Siddiqui ever held a rifle, ever fired a rifle, or ever struck anyone with the rifle. No evidence was presented that the rifle was even loaded. There was no evidence that Dr. Siddiqui has ever in her life fired a rifle, let alone an M-4, the carelessly mislaid weapon which she was alleged to have taken up in the incident.
The eyewitness testimony of the US and Afghan servicemen and FBI agents were surprisingly inconsistent with each other at the trial and inconsistent with the sworn statements that were made by them shortly after the incident. During cross examination Special Agent Eric Negron said a thought had crossed his mind that this could have been a set-up by the Afghan National Police. But, he did not mention this critical thought in any of his subsequent statements. So, clearly exculpatory evidence was omitted from the record from the very beginning. The “gut reaction” of this FBI investigator, on-scene in Afghanistan, had it been pursued, may have led to an entirely different understanding of the event. Just like the US Warrant Officer who shot Dr. Siddiqui, FBI Special Agent Negron was also not able to explain statements he gave earlier regarding the incident which significantly differed from his testimony at trial.
A major inconsistency was noted in the testimony of a Sgt. Williams who clearly remembered a female Medic, Rene Card to be standing outside just steps behind him – not in the room as she had earlier testified. In her testimony Medic Card had contradicted prior witnesses who had placed the M4 rifle and relevant witnesses at differing locations at the scene.
A Sgt. Cook who stood outside the ANP compound said he heard gun shots from the room on the second floor. He did not see Dr. Siddiqui with the gun or shooting a M4 rifle. He said he went to get the stretcher – but Dr. Siddiqui was already brought outside. This contradicts Medic Card who had testified she brought the stretcher in the room and had placed Dr. Siddiqui on the stretcher in the room.
Dr. Siddiqui denied on the witness stand that she had fired the rifle or even knew how to fire a rifle. She absolutely denied that she had attempted to murder anyone.
I cannot help but conclude had this been a “typical” attempted murder event in the United States, that physical evidence would have been collected immediately, witnesses deposed and the prosecution could have moved forward (or not) with strong, reliable facts for a jury to consider. However, in this case, none of that occurred. It clearly illustrates the problems of justly trying cases brought in from the “battlefield” wherein none of the normal crime scene procedures, and investigative follow up, have been done. The result is injustice. This jury should have had reasonable doubts about the guilt of Dr. Siddiqui, given the lack of physical evidence and the conflicting accounts of the witnesses.
It is obvious that the jury was prejudiced by the very noisy “Lady al Qaeda” publicity that surrounded her and her trial. No evidence was provided in the trial that she is or was affiliated with al Qaeda. Given the intense hatred that Americans feel about anything to do with al Qaeda, the sensationalist linking of Dr. Siddiqui in New York's local press and other media must have been seen and heard by the un-sequestered jury. Hence a set of trial evidence that would have called for an acquittal 99% of the time in a US Court, did not. The verdict was born out of irrational fear. The unfortunate result was unjust for Aafia Siddiqui.
What I would like you to consider about this case, from your position, is to be supportive of finding a way to repatriate Dr. Siddiqui to Pakistan. That is, on humanitarian grounds, and in light of the deeply held beliefs of the Pakistani public and government that this process has produced an unjust result for this troubled woman, let us find a way to let her return to Pakistan to serve her sentence, or to heal with her family under Government supervision. Perhaps there is an American serving in a Pakistani prison for whom a compassionate exchange makes sense.
The swift repatriation of Dr. Siddiqui is the right thing to do, and it would be greatly appreciated by the entire Pakistani Nation. Such an action would decrease the gulf between our two countries who have cooperated with each other for more than half a century. This gesture of friendship and goodwill by the United States could boost our image among the ordinary people of Pakistan during its front line fight against our mutual enemies. I sincerely believe that we could benefit more by repatriating her under appropriate supervision than by continuing to incarcerate her and have her continue to struggle with appeals within our Courts.
Thank you for considering this matter.
Sincerely,
[Truth Seeker]
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The above letter was sent on Friday, 2/5/2010.