 | « Back to article | Print this article |
Indian-American Aakash Dalal faces 30 years in jail after being found guilty by a New Jersey jury on charges of vandalising and firebombing North Jersey synagogues five years ago.
George Joseph reports.
In a verdict that has shocked the Indian-American community, Aakash Dalal was on Tuesday found guilty by a 12-member jury in New Jersey, United States, on 17 charges of vandalising and firebombing North Jersey synagogues five years ago.
Dalal, now 24, faces 30 years to life in jail when Judge Joseph V Isabella in Bergen County Superior Court sentences him on December 21.
His accomplice, Anthony Graziano, was earlier found guilty of 19 counts, including terrorism and awaits sentencing.
Aakash, the only child of Adarsh Dalal and his wife Harsha, did not show any emotion at the verdict. His parents too sat expressionless.
"We did not expect such a verdict for a prank committed by two teens. Aakash was far away when Graziano threw the Mololtov cocktail at a synagogue. Yet he was convicted of terrorism based on instant messages and chats. It is really sad," Hiren Gandhi, a spokesperson for the family noted.
Legal experts say the judge has to follow the jury decision and sentencing guidelines, and cannot exercise much discretion.
But Defence Attorney Brian Neary told the judge he plans to file motions for acquittal against the weight of the evidence and another for a new trial.
He told the northjersey.com that the family was very disappointed with the jury's verdict.
They plan to appeal based on whether the terrorism statute that was passed after 9/11 World Trade Centre attacks was properly used in this case. The statute itself might be unconstitutional, Neary said. These crimes do not put an entire population at the same level of fear as 9/11.
Dalal was charged with 20 counts, including terrorism, bias intimidation, aggravated arson, conspiracy to commit arson and hindering. He was acquitted on two charges of hindering his apprehension by destroying computer data or messages and conspiracy to commit arson at a synagogue.
After the verdict, the judge revoked his $3 million bail on the request of Assistant Prosecutor Thomas Kearney, as he cannot be out for a long time anyway.
The original charges alleged that Dalal and Graziano spray painted anti-Semitic graffiti on temples in Maywood and Hackensack, and attempted to burn down others in Paramus and in Rutherford, where a rabbi and his family awoke to flames spread by Molotov cocktails.
But Dalal's attorneys pointed out that he has not committed any crime and at best he could be a witness in the firebombing case, as he was far away when it happened. They also noted that the correspondence between the two were mainly fantasy. Dalal, physically a small guy, could not withstand the pressure of the interrogation by police officers, yet he clearly said he did not hate Jews and had Jewish friends, they noted.
The prosecution portrayed him as the mastermind of terrorist attacks on Jewish synagogues. They termed Graziano as only a foot soldier obeying Dalal's commands.
They showed email or instant messages to prove the claim. The instant messages between the two showed hatred for Jews, Dalal persuading Graziano to attack the synagogues and how to make Molotov cocktails.
In one message, Dalal told Graziano: 'I do not trust you until you kill a Jew,' and in another he declares that he will be fuhrer (German title most associated with Adolf Hitler) one day.
The jury declared Dalal guilty of two counts criminal mischief with bias intimidation at the synagogues in Maywood and Hackensack for spray painting swastikas, 'Jews Did 9/11', and other anti-Semitic graffiti.
He was also found guilty of conspiracy to commit arson, attempted arson, bias intimidation, possession of a weapon and possession of a destructive device for a failed arson attempt at the Jewish Community Center in Paramus, though he was not present at the scene. The terrorism charge is based on this incident which carries a sentence of 30 years to life in prison.
The Indian community attended the court proceedings in large numbers during the five-week trial.
Dalal still faces another case for plotting from jail to kill assistant prosecutor Martin Delaney who was investigating the firebombing of synagogues.