[Pnews] Important Motion to Suppress Filed by Rasmea Odeh Defense Team

Prisoner News ppnews at freedomarchives.org
Sat Mar 18 18:37:55 EDT 2017

    *Important Motion to Suppress Filed by Rasmea Odeh Defense Team*


* Friday, March 17, 2017

Michael Deutsch, Jim Fennerty, and the rest of the legal defense team 
for Rasmea Odeh are gearing up for trial, *now scheduled for May 30^th 
*.  New motions filed this week put the question of Israel and its 
torturers front and center, and will be considered at a *hearing on 
April 25^th * (moved from April 4^th ).

One motion calls on Judge Gershwin Drain to suppress all evidence 
procured through torture.  Citing the Fourth and Fifth Amendments of the 
constitution, and international law, including the Convention against 
Torture, Deutsch argues that any evidence based on Rasmea’s confession 
to the Israelis in 1969—which came as the result of an illegal arrest 
and subsequent torture—cannot be allowed a hearing in court.

In a second motion for discovery, Deutsch is asking the prosecutors for 
all evidence relating to Rasmea’s arrest and torture, including the 
names of her torturers and any “use of force” guidelines the Israelis 
used in the late 1960s.  Israel still regularly employs the use of 
torture against Palestinians, including children. In court, these 
documents will help to prove the *systematic nature of decades of 
Israeli torture of Palestinians*, and as it relates to this case.

In Rasmea’s case, her torture was documented by the United Nations 
and again by psychologist Dr. Mary Fabri, a world-renowned torture 
expert, during Fabri’s clinical evaluation and subsequent diagnosis of 
Rasmea’s Post-Traumatic Stress Disorder (PTSD).  In her written 
affidavit to the court, Dr. Fabri recounts the horrific details of 
Rasmea’s torture at the hands of the Israelis, including physical 
beatings, intentional medical neglect, psychological torture, and sleep 
deprivation; being forced to witness the torture of her friends and 
family; and, of course, the *sexual assault and violence to which she 
was subjected*.

These new motions follow the filing weeks ago of one that takes aim at a 
“vindictive” superseding indictment 
filed by the U.S. Attorney following the appellate court decision that 
reversed Rasmea’s conviction 
The new indictment accuses Rasmea of “terrorism” by alleging she was a 
member of a Palestinian political party on the U.S. State Department’s 
list of designated foreign terrorist organizations. *The most important 
question Judge Drain will consider at the upcoming hearing is whether to 
allow the new indictment at all*, which is being challenged by the 
defense on a number of legal fronts, including for violating the statute 
of limitations.

“If the indictment is thrown out, we know that Rasmea can win this case 
at trial,” said Muhammad Sankari of the Rasmea Defense Committee in 
Chicago. “If it’s not, Rasmea and her team are ready for a fight. She 
survived brutal torture at the hands of the Israelis, and that should 
not be used to help the U.S. government persecute her today.”

Judge Drain will rule on all the motions at the next pretrial 
hearing—which has been *moved from April 4^th to April 25^th *—or 
shortly thereafter.  We are calling on all of Rasmea’s supporters to 
meet us on Tuesday, April 25^th , 2017, in front of the U.S. District 
Court at 231 W. Lafayette Blvd in downtown Detroit, Michigan, at 1:30 PM 
Eastern time, for a rally before the 2:30 PM hearing.  (*A detailed “All 
Out for Detroit” email coming soon!*)

We also need you to continue to support #Justice4Rasmea by donating to 
the defense <http://www.justice4ramsea.org/donate>, organizing local 
educational and fundraising events, and staying in touch by visiting 
justice4rasmea.org <http://www.justice4rasmea.org> and/or emailing 
*justice4rasmea at uspcn. org* <mailto:justice4rasmea at uspcn.org>.

Rasmea Defense Committee

    Response to New York Post attack

This response to a vicious opinion piece in the /New York Post/ was 
submitted on February 28th, but unsurprisingly rejected by the Post.  We 
publish it ourselves now.

On Saturday, February 25th, the New York Post published an opinion piece 
by Kyle Smith that openly ridicules the idea of women striking on 
International Working Women’s Day, March 8th. Smith also attacks our own 
Rasmea Odeh, one of the women calling for the day of protest.  As usual, 
The Post is in despicable company, as ultra-right-winger and white 
supremacist Milo Yiannopoulos has also attacked the protest and vilified 

Smith says that the only thing the authors of the call have is outrage. 
Given the month that we’ve had since Trump’s inauguration, yes, we are 
outraged.  He and everyone else should be outraged, too.

International Working Women’s Day is recognized throughout the world. 
It’s a day that celebrates the women who have struggled for equality and 
against oppression. It is appropriate to respond with strikes and 
marches to an election of an openly male chauvinist president, one who 
has been accused by numerous women of assault, and has publicly admitted 
to sexual assault; one who campaigned on a platform that included 
overturning the right of a woman to control her own body; and one who 
threatens the rights of LGBTQ folks, oppressed nationalities, and 
working class women.

The Trump administration has executive orders flying out of the White 
House at a dizzying speed. Why must there be a second women’s march?  
It’s because every single one of the executive orders that Trump has 
signed affects women. The #MuslimBan affects Muslim women. Closing 
borders to refugees from war-torn countries affects refugee women. 
Immigration and Customs Enforcement (ICE) rounding up immigrants without 
due process affects immigrant women. Therefore, a protest on March 8th 
is not only warranted, but absolutely necessary.

The sensationalist headline Smith uses to tear down Rasmea Odeh is 
shameful. He writes that Odeh was a “convicted terrorist,” while failing 
to disclose that an Israeli military court (which, according to its own 
records, as reported by Israeli newspaper Haaretz, "convicts" 99.74% of 
Palestinians who come before it) found her “guilty” based on a forced 
confession illegally obtained through torture and sexual assault. Smith 
doesn’t include that Odeh is a pioneer in the women’s movement, as she 
spoke publicly—at the United Nations Committee Against Torture in Geneva 
in 1979—about the sexual torture that she experienced and survived.

Furthermore, since Odeh moved to the United States, she has been 
integral in helping Arab and Muslim women in her community of Greater 
Chicago. In 2013, she received the Outstanding Community Leader Award 
from the Chicago Cultural Alliance. She has been a fighter and protector 
of women for over 50 years, and slandering her is the work of a 
completely anti-Palestinian and misogynistic bigot.

We urge everyone to organize for March 8th; to support Rasmea in her 
struggle against repression, as we prepare for an [April 25th] hearing 
in Detroit on a defense motion to dismiss the government’s new 
indictment against her; and to continue fighting for all the rights that 
Trump is trying to take away.  Together we are strong, and our voices 
loud and clear. Join actions across the U.S. on International Working 
Women’s Day, strike for justice, and demand #Justice4Rasmea!

-- Michela Martinazzi, Committee to Stop FBI Repression, NY
-- Suzanne Adely, U.S. Palestinian Community Network, NY

for the Rasmea Defense Committee
February 28, 2017
Freedom Archives 522 Valencia Street San Francisco, CA 94110 415 
863.9977 www.freedomarchives.org
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