Saturday, February 13, 2010


It is now being reported at AtlasShrugs2000 that the young pastor who counseled Rifqa Bary when she was in Ohio, Brian Williams, may be prosecuted (for what, I have no idea) on criminal charges for his involvement. This wd be a nakedly political prosecution, of course. But as I like to tell my clients, in the courthouse, very often what seems good is actually bad, and what seems bad turns out to be good. I posted the following at AtlasShrugs on this topic:

If our concern is to get the truth about shariah and honor-killing amplified in a public trial WITHOUT undue pressure or risk to Rifqa, then a prosecution against Brian Williams is a MUCH BETTER OPPORTUNITY.

First, Mr. Williams is an adult who has no need of "shelter" by the state, and who can freely consult with anyone he likes to ensure his attorney is up to snuff. Also, he has no criminal record so he shd [at worst] be eligible for a reasonable bond, and he has no greater threat of assassination by jihadis after being charged than he had before.

2d, he will have the right to call Rifqa AS HIS WITNESS, for a trial which would almost assuredly occur long AFTER she turns 18. I have no doubt she wd eagerly testify on his behalf.

3d, he cd. even seek [and this may sound like a PR stunt, but it wd in any event be successful!] a "deposition to perpetuate testimony," in order to pin down Rifqa's testimony BEFORE trial. This is normally only done with a witness who is likely to die of illness or injury before trial, or likely to leave the jurisdiction, and it must be sought via a special motion to the judge. JUST THE FILING OF A MOTION FOR THIS DEPOSITION would cause an uproar, since it wd allege precisely the murderous jihadi threats that are the center of this crisis. It wd also be tailor-made for a parade of expert witnesses to explain to the criminal court (whose responsibility is NOT to the well-being of a child or preservation of a family, but to protect the fundamental rights of the ACCUSED, in this case Mr. Williams) why such a deposition is necessary, given the reasonable possibility that the essential defense witness (Rifqa) might be murdered before the actual trial. Whether or not the judge grants the motion, the court hearing ABOUT the motion wd be stunning theatre. And this wd be before the real TRIAL even starts!

4th, every hearing in the adult criminal court is open to the public. There wd be no question of jihadi attorneys hiding anything from the public. In fact, the jihadi attorneys will not even have a place in the trial. Just the prosecutor and the defense, period.

5th, every opinion that is uttered on the witness stand is 100% immune from libel charges (a time-tested jihadi tool of lawfare), and is forever implanted on the public record.

I'm sure I can think of other benefits from a criminal trial against Mr. Williams, with more time.

I emphasize that I do NOT take lightly the stress of a criminal proceeding against anyone, much less a nice young fellow like Brian Williams who has done nothing to deserve it, but only served as a good Samaritan, if not a hero. But we have discussed a LOT about the political implications to this case, and its risks to our side. My great fear has always been dread physical harm to Rifqa Bary, pure and simple. I defended the efforts of HER attorneys in Ohio, since I thought, and think, they have effectively preserved her from that harm and show promise to continue to do so. It has concerned me that some of her good supporters, who want a trial in dependency court above all, seem to minimize that physical risk.

Given that, they should be happy to see the older, non-apostate Brian Williams being given the opportunity to trumpet the truth about honor-killing, with Rifqa as his solid witness. "Please, Mr. Franklin County prosecutor, don' throw me in that briar-patch!"

Of course a good defense lawyer is not cheap, but needn't be prohibitive. I'd estimate the expenses for a similar case in my part of Florida as follows:
Bond: $500-$1,000
Attorney (if not pro-bono): $3,000-$6,000
Misc. expenses: $200-$600

Given the strong support of many religious people, I don't think it wd be too hard to defray Mr. Williams' legal expenses 100%.


Anonymous said...

what is the significance of your 5th point?

Anonymous said...

what is the significance of the 5th point? kafirman

Jewish Odysseus said...

In criminal trials, everything that is said on the witness stand is immune from libel laws. The jihadis have been using libel laws to frighten people away from criticizing Islam and jihadis in public. But whatever comes out in Court will be protected, thus encouraging more candid free speech.

Also, proceedings in Criminal Court are a public record, they cannot be sealed or hidden, unlike the family court.

Anonymous said...

Thank you.

I erroneously interpreted your remark "Jewish Odysseus A Lovely wife and 2 beautiful, hilarious, exhausting little kids...LIFE IS GOOD" to mean that you were the "Lovely wife" and not the possessor of such. km