On July 30, Judge Jorge A. Solis of the U.S. District Court for the Northern District of Texas in Dallas denied defendants' motion to stay proceedings in USA v. Holy Land Foundation for Relief and Development, et al. The defendants had asked for the stay pending an interlocutory appeal to the 5th U.S. Circuit Court of Appeals of Solis' July 3 ruling denying their motion to dismiss the indictments on double jeopardy grounds. Those double jeopardy claims were based in part on the prosecutors' delivery of exhibits to the jury room that weren't supposed to go there. In his denial of the motion to stay, Solis stated that the defendants "did not make any legitimate showing that the Government intentionally sent the non-admitted and demonstrative exhibits to the jury room." In the HLF case, federal prosecutors allege the defendants used the charity to help fund terrorists in the West Bank and Gaza -- allegations the defendants deny. The defendants were tried last year. On Oct. 22, 2007, then-Chief U.S. District Judge A. Joe Fish of the Northern District of Texas declared a mistrial in the case. Fish, who took senior status on Nov. 12, 2007, subsequently transferred the HLF case to Solis, who has scheduled a retrial for Sept. 8.
-- Miriam Rozen