Thread: Convicted retailer could win release

http://www.orlandosentinel.com/news/loc ... nes-orange

Convicted retailer could win release

A federal judge says it now appears that a juror may have been biased by being stared at.

Jim Leusner | Sentinel Staff Writer
Posted September 27, 2006

An Orlando gift-shop-chain owner imprisoned for fraud and tax evasion last year was one step closer to being freed on bail after a federal judge decided that he has a "substantial question" on appeal as to whether he received a fair trial.

In a reversal of a ruling last year, U.S. District Judge John Antoon II sided with attorneys for Mohammed Saleem Khanani,who argued that the actions of a juror prior to deliberations suggested possible bias in her verdict.

"His release pending the resolution of his appeal is warranted," Antoon wrote Friday in an order made public Monday. " . . . The court concludes that defendant's appeal presents a substantial question regarding his Sixth Amendment right to a fair and impartial jury."

Khanani was sentenced to nearly six years in prison and ordered to pay $275,000 in fines and restitution.

Antoon's ruling drew an immediate request by prosecutors for the judge to reconsider his ruling. Assistant U.S. Attorney Cynthia Hawkins wrote that Antoon found that the juror -- who felt she was being stared at or watched by a man in the back of the courtroom -- did not allow the incident to influence her verdict. Hawkins contended that the judge cannot reverse his ruling unless he finds evidence to the contrary.

If Antoon allows his ruling to stand, it will go back to the 11th U.S. Circuit Court of Appeals for final review. In June, that court sent the case back to Antoon to rule whether there was a serious appellate issue. If so, Khanani would be eligible for bail.

News of the ruling pleased Khanani's lawyer, Lawrence Robbins of Washington, D.C. He had argued that the juror's conduct showed at least a "reasonable possibility" of bias or prejudice.

"And we are hopeful it will have an impact on the merits of the [overall] appeal," Robbins said.

In his order, Antoon recounted the bizarre conduct of a woman identified only as "Juror H," who wrote to the judge four days after the verdict about concerns she had before deliberations in December 2004.

"That afternoon while taking notes I had the feeling someone was watching me," she wrote in a note to the judge. " . . . Never have I felt such an overwhelming presence of danger or evil. It literally stunned me at the time and all I could think to do was pray."

The juror wrote that she felt she was "being watched" when leaving an elevator in a parking garage. She said she starting feeling that way after making eye contact with a young, muscular man in the courtroom gallery who resembled Khanani.

The judge questioned the juror, who said she had not spoken to other jurors about the matter. But another juror was told about the man and a third juror "knew who [Juror H] was talking about," according to court documents.

Antoon determined that none of the jurors -- Juror H was questioned twice -- indicated they were biased by the incident. He let the verdicts stand and denied a mistrial.

But after hearing Robbins' appellate arguments that the juror was exposed to "extrinsic influence" during deliberations, considering the juror's failure to promptly report the incident to the judge, and "widespread, inflammatory press" surrounding the case, Antoon changed his position.

"A contrary ruling on this close question would entitle defendant to a new trial," wrote Antoon, who added that Khanani -- a millionaire from Orange County -- is not likely to flee and is not a danger to the community.

Prosecutor Hawkins charged in her response to the judge's ruling that there was no evidence the alleged stare influenced the juror's vote.

The ruling is the latest episode in a controversial, high-profile immigration, fraud and tax-evasion case against Khanani and his then-business partner, Orlando-area restaurant and gift-shop magnate Jesse Maali.

The probe involved government allegations of Maali's purported links to Muslim charities later indicted on charges of financing terrorism in the Middle East; a government informant who falsely alleged that relatives of Maali were trying to shoot him. The case angered Central Florida's Middle Eastern community, whose leaders claimed the duo was unfairly singled out in the post-9/11, anti-Muslim climate.

Maali died of cancer in January 2005 before he could stand trial.

Khanani, 55, was Maali's former partner in the Sports Dominator and Big Bargain World retail shops along International Drive and along tourism strips around Walt Disney World. The jury convicted Khanani of employing dozens of illegal-immigrant workers who were paid with skimmed cash from bogus front companies.

Jim Leusner can be reached at jleusner@orlandosentinel.com or 407-420-5411.

bttt