Saturday March 24, 2007
RICHMOND, Va. (AP) - A federal appeals court on Friday affirmed a civil contempt ruling against a former university professor hours after he ended a two-month hunger strike to protest a judge's decision to extend his prison term. A judge decided to hold Sami al-Arian an additional 18 months because he refused to testify before a Virginia grand jury investigating Palestinian charities. Al-Arian had been scheduled to be released from prison in April.
Al-Arian, a Palestinian who taught computer science at the University of South Florida, claimed that a plea agreement in Florida exempted him from cooperating with the Alexandria, Va. grand jury.
A three-judge panel of the 4th U.S. Circuit Court of Appeals unanimously rejected al-Arian's argument. The plea agreement "contains no language which would bar the government from compelling appellant's testimony before a grand jury," the appeals court said.
Al-Arian's lawyer, Peter Erlinder, did not immediately return phone messages seeking comment.
Nahla al-Arian said she was able to convince her husband early Friday to end his water-only fast that began Jan. 22. He is being held at a medical prison in Butner, N.C. She said he lost about 53 pounds - one-quarter of his body weight - and was too weak to walk.
"We're very happy and relieved that he's decided to suspend his hunger strike," she said, adding that family members and supporters had feared permanent damage. "Hopefully he will not need to resume it."
Prosecutors labeled al-Arian a leader of Palestinian Islamic Jihad, which the U.S. calls a terrorist organization, but his six-month trial in 2005 ended in an acquittal on some counts and a hung jury on others.
In a plea bargain last April, al-Arian admitted conspiring to aid Palestinian Islamic Jihad and was sentenced to nearly five years in prison, minus credit for the time he had served.
U.S. District Judge James S. Moody Jr. in Florida found al-Arian in civil contempt for refusing to testify and extended al-Arian's prison sentence by 18 months. A judge will also review al-Arian's status every six months and could continue to extend al-Arian's sentence until he cooperates.
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Associated Press writer Samuel Spies in Raleigh, N.C., contributed to this report.
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