Homaidan Al-Turki
Encyclopedia
Homaidan Ali Al-Turki is a Saudi national
convicted in a Colorado
court for sexually assaulting
his Indonesia
n housekeeper and keeping her as a virtual slave for four years. On August 31, 2006, Al-Turki was sentenced to 28 years in prison on twelve felony
counts of false imprisonment
, unlawful sexual contact
, theft
and criminal extortion
. Despite the allegations, Al-Turki has consistently denied any wrongdoing, insisting that the fraudulent charges resulted from a government conspiracy, cultural differences or "cynical Islamophobia
" and rising anti-Muslim sentiment in the United States
.In February 25, 2011, He was re-sentenced from 28 to eight years for his good behavior in prison. Al-Turki maintains his innocence and blames anti-Muslim sentiment for the charges that led to his 2006 conviction and sentence in a case that has strained relations between the U.S. and the Saudi government. .
, Homaidan Ali Al-Turki immigrated to the United States
with his family in 1995, after receiving an academic scholarship
from the Imam Muhammad ibn Saud Islamic University in Riyadh
to pursue a PhD
in linguistics
from the University of Colorado at Boulder
. After successfully earning a master’s degree with honors
, Al-Turki was completing a linguistics
doctorate
program at the University of Colorado, specializing in Arabic intonation
and focus prosody
. A father of five, Al-Turki and his wife Sarah Al-Khonaizan were active members of Denver's Muslim community. Additionally, Al-Turki operated Al-Basheer Publications and Translations, a well-known Arabic language
translation
and publishing house based in Aurora, Colorado
. He is said to have been aligned with the Islamic Assembly of North America
, now defunct, some of whose members have been investigated on terrorism-related issues.
agents because of questions regarding his student visa validity. Al-Turki operated a publishing-translation business and authorities suspected it might violate student visa prohibitions of employment. Accusations against the couple by their housekeeper appeared while she was in police custody. In interviews with law officers, the woman claimed she suffered four-years of captivity, exploitation and abuse at the hands of the Al-Turki family. Although authorities felt her claims were sufficient, critical inconsistencies from their investigation warrant consideration. Defense lawyers point out that the woman was interviewed 11 times by officers before making any allegations of sexual assault. Another legitimate concern was articulated by Colorado
U.S. District Judge Walker Miller during Al-Turki’s bail hearing:
Despite these unresolved issues, Al-Turki and his wife were arrested by federal and state agents at their home on December 6, 2005. They were accused with forced labor, aggravated sexual abuse
, document servitude
, and harboring an illegal immigrant. Additionally, federal authorities told them they were subject to a "full fledge investigation" because Mr. Al-Turki is suspected of being "closely aligned to terrorists and may be providing material support to terrorism
."
The U.S. Department of Labor also filed a civil suit against the Al-Turki's for illegally paying the woman below minimum wage
and failing to keep employment records. They allegedly owed her roughly $62,500 in unpaid wages.
who declared Al-Turki a flight risk, allowing release while charges against him are pending if $400,000 cash bail is posted. The entire $400,000 must be deposited to guarantee appearance at future court proceedings. Defense attorney John Richilano contacted Al-Turki's brother in Saudi Arabia with news of Miller's ruling. The brother, who is a doctor, said the family would help raise money. Defense attorney Dan Recht estimated the couple's total cost of freedom while charges are pending was $1 million, including: Al-Turki's $400,000 bail in Arapahoe County District Court, provided by the Saudi government: $400,000 in federal court
: $25,000 to $50,000 bond to immigration court: and his wife's $150,000 bail. An FBI agent working the case testified that Al-Turki borrowed over $200,000 for his business from three friends who attended his mosque
but had repaid only about $53,000 of it. Miller further ordered that Al-Turki be placed on electronic monitoring, avoid all potential witnesses in the case except his wife, remain in Colorado and not seek deportation
through the U.S. immigration agency.
n woman to the U.S. from Saudi Arabia to work as a housekeeper when she was a teenager. The affidavit
states her domestic
services included child care, cooking, and cleaning for 12-hours a day, seven days a week without time-off from 2000 to 2004. While not working, she was confined to an unheated basement and repeatedly sexually assaulted by Homaidan Al-Turki. Tomsic added that the woman was allowed out of the house alone only to remove trash, bring in mail and clean the yard. Prosecutors claimed the couple intentionally created a climate of fear and intimidation through aggravated sexual abuse
, which was intended to cause the victim to believe disobedience would result in serious harm. The couple also allegedly threatened the victim with abuse of law and the legal process, confiscating her Indonesian passport
and visa for the purpose of obtaining labor for little or no pay.
only filed fraudulent sex-slave charges after failing to make a terrorism case against Al-Turki. They claimed Mr. Al-Turki was under FBI-investigation on possible terrorism
links before his arrest. Federal court
documents filed by the defense show that the Denver Joint Terrorism Task Force had Al-Turki under a "full fledge investigation" suspecting "he is closely aligned to terrorists and may be providing material support to terrorism." Evidence also indicated a federal investigation of proceeds from Al-Basheer Publications. They highlighted an incident from April 2005 in Illinois
, when state police
stopped Al-Turki on Interstate 80
near LaSalle
. A message on the national crime information computer warned the officers "terrorist organization member - caution, do not alert this individual to this notice.” His lawyers claim school documents in his car were removed, copied and faxed by the Illinois State Police
to the Denver FBI. The U.S. Attorney's Office responded by maintaining that the terrorism investigation was totally unrelated to the victims allegations.
papers and a visa
to continue working in the United States
. According to family interviews by Arab News
, FBI agents threatened and interrogated Al-Turki numerous times following the September 11 attacks. Fahd Al-Naser, Al-Turki's nephew, indicated FBI harassment started after his 2004 arrest. He also claimed the housekeeper testified the Al-Turki family treated her respectfully during 11 separtate interviews, and “only during the twelfth interview (when police were present) did she raise accusations against him.”
According to Nasar, defense attorneys learned the plaintiff
had recently become a US-resident after marrying an Egyptian-American. Her husband contacted Al-Turki, saying his wife wished to rescind the charges. Prosecutors responded by threatening the accusor with imprisonment unless she remained silent.
Despite these claims and questionable credibility
, prosecutor Natalie Decker insisted the evidence was overwhelming and none of it was fabricated. “This girl has been consistent through her statements once she came forward,” Decker said.
. For example, court documents filed by Al-Turki's lawyers illustrated that "there are Saudi Arabian customs regarding a host family's retention of funds for their domestic servant until she leaves their service."
In his testimony
, Al-Turki denied any wrongdoing and said authorities had targeted him because of his religion. He insisted that the woman was treated the same way any observant Muslim family would treat their daughter and defended his actions to District Judge
Justin Mark Hannen, saying that:
However, Prosecution lawyer
Natalie Decker adamantly contested the accuracy of this statement, stressing that the trial proceedings had nothing to do with the defendant
s beliefs or ethnicity and instead “has to do with what he did to her (the maid) for five years" and that Mr. Al-Turki's actions represented "a clear-cut example of human trafficking
.” The prosecution also pointed out that the alleged victim, the Indonesian maid, is also a Muslim. Responding to rising accusations of cultural bias, prosecution attorney Ann Tomsic requested that Judge Hannen should strive to treat Al-Turki as he would any American citizen who committed similar crimes. Tomsic further emphasized that “the world is listening, and the court needs to make a statement that in the United States, or at least in...(Colorado), this kind of slavery
will not be tolerated.”
of citizens from Arapahoe County convicted him on twelve felony
counts of unlawful sexual contact with force, one felony count of theft of services over $15,000, and two misdemeanor
counts of false imprisonment
and conspiracy
to commit false imprisonment. On August 31, 2006, he received a sentence of twenty-eight years-to-life in state prison by Judge Mark Hannen. The unusual courtroom atmospherics while the verdict was announced are worth noting. Dozens of representatives from the Metro Denver Muslim community, including Al-Turki’s friends, relatives and the Imam
(prayer leader) of the state’s largest masjid, packed the courtroom. Another prominent attendee was Mohammed Jodeh, former president and chairman of the Colorado Muslim Society. Many had written to the judge expressing their support for Al-Turki. Other letters of support came from several faculty
members and academic colleagues at the University of Colorado.
Nine sheriff deputies attempted to keep the peace while nearly two dozen of Al-Turki's supporters "howled at the verdict that was delivered after only one day of deliberation
. One man had to be forcibly removed because of his loud sobbing. Al-Turki's supporters contended that the rape charges were primarily based on circumstantial evidence
, and complained that neither DNA
or material evidence were exhibited at trial. A woman collapsed at the courtroom door after seeing Al-Turki taken away in handcuffs." As for Al-Turki, "wearing a white robe, at first showed little emotion - touching his left index finger to his nose - as Judge J. Mark Hannen read the verdicts. After the jury vacated the courtroom, Al-Turki began to cry and embraced his family and friends." During these histrionics, the Indonesian woman who accused him "wept and plugged fingers into her ears to shield the sounds of wailing family and friends." As of May 29, 2009, Homaidan Al-Turki is currently incarcerated at the Limon Correctional Facility
in Lincoln County, Colorado
.
upheld Homaidan Al-Turki’s conviction, ruling that the trial court correctly set certain limits during jury selection
and that the jury’s findings were supported by evidence.
Following the decision, family spokesman Fahd Al-Nasar, announced to the Saudi Gazette
that six American law firms had been retained and they planned to appeal
the verdict
with the Colorado Supreme Court
. Nasar added he was surprised to hear the Appeal decision only two weeks after the initial hearing
, since he assumed this type of case required a minimum of at least four to six weeks. However, the Al-Turki family is optimistic about their relative's future prospects, especially with the new Obama administration in the White House
promising to retain civil rights
and cancel emergency laws that were enacted by the Bush administration after the September 11 attacks. They are also hopeful that diplomatic efforts from the Saudi embassy in Washington DC will assist in producing a more desirable legal outcome.
There is an emotional and official 'Free Homaidan' video circulating on YouTube featuring Arab celebrities, as well as an official website, after a Saudi social campaign that started on Facebook, which had more than 11,000 members.
in the federal case and two months in jail for the state case. On September 1, 2006, she was transferred to the custody of federal immigration officials and according to her attorney, Forrest Lewis
, she agreed to not fight deportation proceedings. Sarah arrived in Riyadh on September 22, 2006, with her two children and immediately issued a press statement, signed by Hamad Al-Khonaizan, Sarah’s brother, blaming anti-Muslim sentiment in the U.S. for Al-Turki’s prosecution. According to the statement, the primary factor behind her husband’s imprisonment was his successful efforts at preaching Islamic dawah
.
After the state conviction, federal charges of forced labor, document servitude and harboring an illegal immigrant were dropped. In its motion
, the U.S. Attorney’s office said that dropping the federal charges was done in hopes of sparing the victim from having to testify again about “the most intimate personal matters.” Judge Walker D. Miller added the U.S. attorney's decision to drop federal charges was "in no way a statement regarding the strength of the government's case."
While incarcerated, Mr. Al-Turki claims he was offered a bargain-deal by U.S. authorities which included deportation to Saudi Arabia and employment as an undercover FBI operative. In a video interview posted on You Tube, Al-Turki states he is being mistreated in prison as well as his wife, who he further contends had her hijab
(head scarf) forcibly removed from her head during the trial. According to Islamic cultural norms, the removal of a woman’s head scarf is considered an extreme insult.
In September 2000, the Al-Turkis brought Z.A. to the U.S. (Record 18:124). She was admitted to stay until March 9, 2001, as a “personal or domestic employee.” The Al-Turkis kept Z.A.’s passport but failed to renew it, while repeatedly warning her that if she left them she would be arrested (Record 21:28). They also strictly controlled her communications, disallowing her to write letters to her friends (Record 21:80; 22:49; 23:28, 132-134).
Mr. Al-Turki misrepresented Z.A.’s visa status and employment situation to his friends (Record 25:88-89, 262, 307). He also falsely told his secretary at his bookstore that Z.A. was married to a driver in Saudi Arabia (Record 25:184-85). Z.A. was instructed to
say that her salary was $800 per month(Record 18:122). In August 2004, she was told that if she was contacted by authorities she should tell them that she had two days off every week, and that her salary was sent to Indonesia (Record 21:73-74,99).
On November 18, 2004, following FBI investigations of Mr. Al-Turki, Z.A. was arrested for overstaying her permit. Mr. Al-Turki and his wife were also arrested for harboring an illegal alien. Initially, Z.A. told authorities what she had been instructed to say by the Al-Turkis regarding her employment situation. Eventually, however, she told the truth, including the fact that she had been paid only $1500 during her entire stay in the United States. She also revealed that Defendant had sexually abused her on a regular basis. [Based on minimum wage, the value of Z.A.’s services during the last three years of her work for the Al-Turkis was $96,044.92 (Env. #6, People’s Exh.87a 5162).]
At trial, Z.A. provided a detailed account of Mr. Al-Turki’s sexual misconduct. According to her, about once every two weeks, Mr. Al-Turki would go to her room in the basement at night and sexually molest her, including digitally penetrating her and forcing her to perform oral sex on him (Record 19:21-22, 26, 65, 97, 99, 102; 21:41). During the last incident of sexual abuse, which occurred approximately two weeks before Z.A.’s arrest, Mr. Al-Turki, for the first time, had sexual intercourse with Z.A., who was still a virgin (Record 21:44-46).
Afterwards, Z.A. confronted Mr. Al-Turki with a blood-stained tissue, expressing fear that she would become pregnant (Record 21:45). Three days later, Mr. Al-Turki told Z.A. not to worry, that he would not have sexual intercourse with her again, and that she should tell him if she missed her period (Record 21:48). Z.A. kept a diary describing Mr. Al-Turki’s sexual abuses. However, prior to Z.A.’s arrest, Mr. Al-Turki told her to destroy it, which she did (Record 21:75-76; 23:109-10).
Two married Muslim women described Mr. Al-Turki’s similar acts of sexual misconduct against them, including touching their genitalia and breasts (Record 24:160-71, 180-99).
Mr. Al-Turki’s theory of defense, which is repeated in his petition, was that Z.A., under pressure from the FBI and motivated by the desire to get authorization to stay and work in the U.S., had fabricated the allegations (Record 18:44, 50-51, 53-55; Env. #8, Instruction 32). However, Z.A., who disclosed Mr. Al-Turki’s abusive conduct to a friend of his, Mr. Al-Resheid, more than a year before any contact with authorities (Record 19:105-06) . [ Mr. Al-Resheid, a subpoenaed witness for the prosecution, left the U.S. on August 16, 2005, and never returned (Record 20:52-54).]
Z.A. never asked for assistance to stay in the U.S. (Record 25:171). Moreover, under the 2000 Trafficking and Violence Protection Act, Z.A. automatically qualified for “continued presence” status, which allowed her to stay and work in the U.S. (Record 25:119-20, 122,125-26), and the process to establish her “continued presence” status started long before she revealed the sexual abuse (Record 25:125). Finally, the FBI agent who helped Z.A. with filling out her necessary forms signed them on April 4, 2005, three days before her revelation (Record Env. #7, Deft’s Exhs. E, F; 25:172-88).
Mr. Al-Turki was convicted of false imprisonment, conspiracy to commit false imprisonment, felony unlawful sexual contact (12 counts), criminal extortion, and theft (Record 4: 872-99). He was sentenced to concurrent terms of 20years to life for the unlawful sexual contacts, an eight-year consecutive term for theft, and shorter terms on the remaining charges to run concurrently with the theft sentence (Record 4:901-02; 5:1250-55; 29:73-76; Supp. Record 31-34).
On appeal, Mr. Al-Turki challenged his convictions on various grounds. In an unpublished opinion, the Colorado Court of Appeals affirmed Mr.Al-Turki’s convictions. People v. Al-Turki, 06CA2104,January 22, 2009 (Petition, App. 1a-29a). The Colorado Supreme Court denied certiorari review. Al-Turki v. People, 2009 WL 2916999 (Colo. No. 09SC326, September 14, 2009) (Petition App. 30a-31a).
On April 5, 2010, the United States Supreme Court denied Mr. Al-Turki's Petition for Certiorari.
and said he would not have been convicted of these crimes had he been tried in his native country. For example, in a show of support, the Saudi government
provided Al-Turki with $400,000 to post bond. In November 2006, Colorado
Attorney General
John Suthers
travelled to Saudi Arabia where he visited King Abdullah
, Crown Prince Sultan
, and Al-Turki’s family in an attempt to clear up "misperceptions" about the U.S. judicial system and ease the Saudi royal family's concerns over whether Homaidan Al-Turki was treated fairly. Suthers went there at the request of the U.S. ambassador in Saudi Arabia, who had the State Department contact Colorado Governor
Bill Owens. The trip was sponsored and paid for by the U.S. State Department.
Even years after the case was closed, the issue continues to arouse powerful emotions in Saudi Arabia and affect the delicate balance of Saudi-US foreign relations
. Saleh Bin-Humaid
, chairman of the Consultative Assembly of Saudi Arabia
(Shoura Council), brought up Al-Turki’s case during an official meeting with the US Secretary of Homeland Security Michael Chertoff
in Riyadh on March 26, 2009, when he urged Americans to review the topic. According to a public statement from Bin-Humaid, “The Saudi people sympathize with Homaidan Al-Turki and they closely follow up his case.”
In 2010, a campaign has been launched by the citizens of Saudi Arabia, Homaidan's friends and family, and all those who hope for his release. The campaign is gaining wide spread primarily on the Internet at (http://www.obamafreehomaidan.com/ ). The efforts of many individuals on social networking websites like are being noticed as thousands are peacefully requesting justice and the release of Homaidan Al-Turki.
After his appeal was accepted, Al-Turki's previous 28-year sentence will be reheard at Arapahoe Court at 09:00 am Colorado local time.
Al-Turki’s defenders have provided many supportive documents to drop the charges. The lawyers have also cited Colorado prison chief's testimony of Al-Turki’s good behavior and that the chief requests the judge to commute the punishment.
Al-Turki’s medical treatments costs are rising as a result of his deteriorating health condition and it’s better to send him to his homeland, the prison chief has added.
Meanwhile, the Saudi Embassy in the USA made a formal request to release the Saudi national. Al-Turki’s case attracted much national attention since he was detained nearly 5 years ago.
It’s worth mentioning that several Saudi dignitaries have recently sent a popular message (video) to US President Barack Obama titled “Obama, Release Homaidan”.
Nationality
Nationality is membership of a nation or sovereign state, usually determined by their citizenship, but sometimes by ethnicity or place of residence, or based on their sense of national identity....
convicted in a Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
court for sexually assaulting
Sexual assault
Sexual assault is an assault of a sexual nature on another person, or any sexual act committed without consent. Although sexual assaults most frequently are by a man on a woman, it may involve any combination of two or more men, women and children....
his Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
n housekeeper and keeping her as a virtual slave for four years. On August 31, 2006, Al-Turki was sentenced to 28 years in prison on twelve felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
counts of false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
, unlawful sexual contact
Rape
Rape is a type of sexual assault usually involving sexual intercourse, which is initiated by one or more persons against another person without that person's consent. The act may be carried out by physical force, coercion, abuse of authority or with a person who is incapable of valid consent. The...
, theft
Theft
In common usage, theft is the illegal taking of another person's property without that person's permission or consent. The word is also used as an informal shorthand term for some crimes against property, such as burglary, embezzlement, larceny, looting, robbery, shoplifting and fraud...
and criminal extortion
Extortion
Extortion is a criminal offence which occurs when a person unlawfully obtains either money, property or services from a person, entity, or institution, through coercion. Refraining from doing harm is sometimes euphemistically called protection. Extortion is commonly practiced by organized crime...
. Despite the allegations, Al-Turki has consistently denied any wrongdoing, insisting that the fraudulent charges resulted from a government conspiracy, cultural differences or "cynical Islamophobia
Islamophobia
Islamophobia describes prejudice against, hatred or irrational fear of Islam or MuslimsThe term dates back to the late 1980s or early 1990s, but came into common usage after the September 11, 2001 attacks in the United States....
" and rising anti-Muslim sentiment in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
.In February 25, 2011, He was re-sentenced from 28 to eight years for his good behavior in prison. Al-Turki maintains his innocence and blames anti-Muslim sentiment for the charges that led to his 2006 conviction and sentence in a case that has strained relations between the U.S. and the Saudi government. .
Background
Born and raised in Saudi ArabiaSaudi Arabia
The Kingdom of Saudi Arabia , commonly known in British English as Saudi Arabia and in Arabic as as-Sa‘ūdiyyah , is the largest state in Western Asia by land area, constituting the bulk of the Arabian Peninsula, and the second-largest in the Arab World...
, Homaidan Ali Al-Turki immigrated to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
with his family in 1995, after receiving an academic scholarship
Scholarship
A scholarship is an award of financial aid for a student to further education. Scholarships are awarded on various criteria usually reflecting the values and purposes of the donor or founder of the award.-Types:...
from the Imam Muhammad ibn Saud Islamic University in Riyadh
Riyadh
Riyadh is the capital and largest city of Saudi Arabia. It is also the capital of Riyadh Province, and belongs to the historical regions of Najd and Al-Yamama. It is situated in the center of the Arabian Peninsula on a large plateau, and is home to 5,254,560 people, and the urban center of a...
to pursue a PhD
PHD
PHD may refer to:*Ph.D., a doctorate of philosophy*Ph.D. , a 1980s British group*PHD finger, a protein sequence*PHD Mountain Software, an outdoor clothing and equipment company*PhD Docbook renderer, an XML renderer...
in linguistics
Linguistics
Linguistics is the scientific study of human language. Linguistics can be broadly broken into three categories or subfields of study: language form, language meaning, and language in context....
from the University of Colorado at Boulder
University of Colorado at Boulder
The University of Colorado Boulder is a public research university located in Boulder, Colorado...
. After successfully earning a master’s degree with honors
Honors student
An honors student is a person recognized for achieving high grades or high marks in their course work.Honors students may refer to# Students recognized for their academic achievement on lists published periodically throughout the school year, known as honor rolls, varying from school to school, and...
, Al-Turki was completing a linguistics
Linguistics
Linguistics is the scientific study of human language. Linguistics can be broadly broken into three categories or subfields of study: language form, language meaning, and language in context....
doctorate
Doctorate
A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder to teach in a specific field, A doctorate is an academic degree or professional degree that in most countries refers to a class of degrees which qualify the holder...
program at the University of Colorado, specializing in Arabic intonation
Intonation
Intonation may refer to:*Intonation , the variation of tone used when speaking*Intonation , a musician's realization of pitch accuracy, or the pitch accuracy of a musical instrument*Intonation Music Festival, held in Chicago...
and focus prosody
Prosody (linguistics)
In linguistics, prosody is the rhythm, stress, and intonation of speech. Prosody may reflect various features of the speaker or the utterance: the emotional state of the speaker; the form of the utterance ; the presence of irony or sarcasm; emphasis, contrast, and focus; or other elements of...
. A father of five, Al-Turki and his wife Sarah Al-Khonaizan were active members of Denver's Muslim community. Additionally, Al-Turki operated Al-Basheer Publications and Translations, a well-known Arabic language
Arabic language
Arabic is a name applied to the descendants of the Classical Arabic language of the 6th century AD, used most prominently in the Quran, the Islamic Holy Book...
translation
Translation
Translation is the communication of the meaning of a source-language text by means of an equivalent target-language text. Whereas interpreting undoubtedly antedates writing, translation began only after the appearance of written literature; there exist partial translations of the Sumerian Epic of...
and publishing house based in Aurora, Colorado
Aurora, Colorado
City of Aurora is a Home Rule Municipality spanning Arapahoe, Adams, and Douglas counties in Colorado. Aurora is an eastern suburb of the Denver-Aurora-Broomfield, CO Metropolitan Statistical Area . The city is the third most populous city in the Colorado and the 56th most populous city in the...
. He is said to have been aligned with the Islamic Assembly of North America
Islamic Assembly of North America
The Islamic Assembly of North America is a Muslim organization headquartered in Ann Arbor, Michigan.-Activities:According to its website, IANA's goals include to "unify and coordinate the efforts of the different dawah oriented organizations in North America and guide or direct the Muslims of this...
, now defunct, some of whose members have been investigated on terrorism-related issues.
Victim allegations
Legal problems for Homaidan Al-Turki and his wife began on November 18, 2004, when they were arrested with their Indonesian housekeeper by U.S. Immigration and Customs EnforcementU.S. Immigration and Customs Enforcement
U.S. Immigration and Customs Enforcement is a federal law enforcement agency under the United States Department of Homeland Security , responsible for identifying, investigating, and dismantling vulnerabilities regarding the nation's border, economic, transportation, and infrastructure security...
agents because of questions regarding his student visa validity. Al-Turki operated a publishing-translation business and authorities suspected it might violate student visa prohibitions of employment. Accusations against the couple by their housekeeper appeared while she was in police custody. In interviews with law officers, the woman claimed she suffered four-years of captivity, exploitation and abuse at the hands of the Al-Turki family. Although authorities felt her claims were sufficient, critical inconsistencies from their investigation warrant consideration. Defense lawyers point out that the woman was interviewed 11 times by officers before making any allegations of sexual assault. Another legitimate concern was articulated by Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
U.S. District Judge Walker Miller during Al-Turki’s bail hearing:
"The defense points to, and it's a legitimate concern, that there were many opportunities to report these things to authorities, and indeed some of the reports indicate that the victim denied any sexual involvement or assault sexually, and there's also some evidence of her trying to reach the defendant and his wife."
—U.S. District Judge Walker Miller, Federal Court Hearing
Despite these unresolved issues, Al-Turki and his wife were arrested by federal and state agents at their home on December 6, 2005. They were accused with forced labor, aggravated sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, document servitude
Servitude
Servitude may refer to:* Service* Conscription* Employment* Slavery* Indentured servitude* Involuntary servitude* Penal servitude* Servitude * Equitable servitude, a term of real estate law* Servitude in civil law...
, and harboring an illegal immigrant. Additionally, federal authorities told them they were subject to a "full fledge investigation" because Mr. Al-Turki is suspected of being "closely aligned to terrorists and may be providing material support to terrorism
Providing material support for terrorism
Providing material support for terrorism is a provision of the USA PATRIOT Act which prohibits material support to groups designated as terrorists. The four types of support described are “training,” “expert advice or assistance,” “service,” and “personnel.” In June 2010 the United States Supreme...
."
The U.S. Department of Labor also filed a civil suit against the Al-Turki's for illegally paying the woman below minimum wage
Minimum wage
A minimum wage is the lowest hourly, daily or monthly remuneration that employers may legally pay to workers. Equivalently, it is the lowest wage at which workers may sell their labour. Although minimum wage laws are in effect in a great many jurisdictions, there are differences of opinion about...
and failing to keep employment records. They allegedly owed her roughly $62,500 in unpaid wages.
Bail hearing
On July 29, 2005, Colorado U.S. District Judge Walker Miller overruled a magistrateMagistrate
A magistrate is an officer of the state; in modern usage the term usually refers to a judge or prosecutor. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a...
who declared Al-Turki a flight risk, allowing release while charges against him are pending if $400,000 cash bail is posted. The entire $400,000 must be deposited to guarantee appearance at future court proceedings. Defense attorney John Richilano contacted Al-Turki's brother in Saudi Arabia with news of Miller's ruling. The brother, who is a doctor, said the family would help raise money. Defense attorney Dan Recht estimated the couple's total cost of freedom while charges are pending was $1 million, including: Al-Turki's $400,000 bail in Arapahoe County District Court, provided by the Saudi government: $400,000 in federal court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
: $25,000 to $50,000 bond to immigration court: and his wife's $150,000 bail. An FBI agent working the case testified that Al-Turki borrowed over $200,000 for his business from three friends who attended his mosque
Mosque
A mosque is a place of worship for followers of Islam. The word is likely to have entered the English language through French , from Portuguese , from Spanish , and from Berber , ultimately originating in — . The Arabic word masjid literally means a place of prostration...
but had repaid only about $53,000 of it. Miller further ordered that Al-Turki be placed on electronic monitoring, avoid all potential witnesses in the case except his wife, remain in Colorado and not seek deportation
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
through the U.S. immigration agency.
District Court trial
Arapahoe County District Court initiated criminal trial proceedings against Homaidan Al-Turki and Sarah Khonaizan on February 16, 2006, with the defendants both entering not-guilty plees. Prosecutor Ann Tomsic began the state’s case by explaining how the couple brought the young IndonesiaIndonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
n woman to the U.S. from Saudi Arabia to work as a housekeeper when she was a teenager. The affidavit
Affidavit
An affidavit is a written sworn statement of fact voluntarily made by an affiant or deponent under an oath or affirmation administered by a person authorized to do so by law. Such statement is witnessed as to the authenticity of the affiant's signature by a taker of oaths, such as a notary public...
states her domestic
Domestic worker
A domestic worker is a man, woman or child who works within the employer's household. Domestic workers perform a variety of household services for an individual or a family, from providing care for children and elderly dependents to cleaning and household maintenance, known as housekeeping...
services included child care, cooking, and cleaning for 12-hours a day, seven days a week without time-off from 2000 to 2004. While not working, she was confined to an unheated basement and repeatedly sexually assaulted by Homaidan Al-Turki. Tomsic added that the woman was allowed out of the house alone only to remove trash, bring in mail and clean the yard. Prosecutors claimed the couple intentionally created a climate of fear and intimidation through aggravated sexual abuse
Sexual abuse
Sexual abuse, also referred to as molestation, is the forcing of undesired sexual behavior by one person upon another. When that force is immediate, of short duration, or infrequent, it is called sexual assault. The offender is referred to as a sexual abuser or molester...
, which was intended to cause the victim to believe disobedience would result in serious harm. The couple also allegedly threatened the victim with abuse of law and the legal process, confiscating her Indonesian passport
Passport
A passport is a document, issued by a national government, which certifies, for the purpose of international travel, the identity and nationality of its holder. The elements of identity are name, date of birth, sex, and place of birth....
and visa for the purpose of obtaining labor for little or no pay.
Defense argument
Defense attorney John Richilano argued the federal governmentFederal government
The federal government is the common government of a federation. The structure of federal governments varies from institution to institution. Based on a broad definition of a basic federal political system, there are two or more levels of government that exist within an established territory and...
only filed fraudulent sex-slave charges after failing to make a terrorism case against Al-Turki. They claimed Mr. Al-Turki was under FBI-investigation on possible terrorism
Terrorism
Terrorism is the systematic use of terror, especially as a means of coercion. In the international community, however, terrorism has no universally agreed, legally binding, criminal law definition...
links before his arrest. Federal court
United States district court
The United States district courts are the general trial courts of the United States federal court system. Both civil and criminal cases are filed in the district court, which is a court of law, equity, and admiralty. There is a United States bankruptcy court associated with each United States...
documents filed by the defense show that the Denver Joint Terrorism Task Force had Al-Turki under a "full fledge investigation" suspecting "he is closely aligned to terrorists and may be providing material support to terrorism." Evidence also indicated a federal investigation of proceeds from Al-Basheer Publications. They highlighted an incident from April 2005 in Illinois
Illinois
Illinois is the fifth-most populous state of the United States of America, and is often noted for being a microcosm of the entire country. With Chicago in the northeast, small industrial cities and great agricultural productivity in central and northern Illinois, and natural resources like coal,...
, when state police
State police
State police are a type of sub-national territorial police force, particularly in Australia and the United States. Some other countries have analogous police forces, such as the provincial police in some Canadian provinces, while in other places, the same responsibilities are held by national...
stopped Al-Turki on Interstate 80
Interstate 80
Interstate 80 is the second-longest Interstate Highway in the United States, following Interstate 90. It is a transcontinental artery running from downtown San Francisco, California to Teaneck, New Jersey in the New York City Metropolitan Area...
near LaSalle
LaSalle
The LaSalle was an automobile product of General Motors Corporation and sold as a companion marque of Cadillac from 1927 to 1940. The two were linked by similarly themed names, both being named for French explorers — Antoine Laumet de La Mothe, sieur de Cadillac and René-Robert...
. A message on the national crime information computer warned the officers "terrorist organization member - caution, do not alert this individual to this notice.” His lawyers claim school documents in his car were removed, copied and faxed by the Illinois State Police
Illinois State Police
The Illinois State Police is the state police force of Illinois. Officially established in 1922, the Illinois State Police have over 3,000 personnel and 21 districts. The main facilities of the Illinois State Police Academy, which were constructed in 1968, are located in Springfield. Prior to...
to the Denver FBI. The U.S. Attorney's Office responded by maintaining that the terrorism investigation was totally unrelated to the victims allegations.
Alternative theories for charges
Al-Turki’s defenders have consistently maintained the charges are politically motivated, and that the FBI has investigated him for suspected terrorism since 1995. They argued that prosecutors persuaded the housekeeper to falsely accuse Al-Turki after a failed bid to construct a terrorism case. In exchange for testifying, she received residencyPermanent residency
Permanent residency refers to a person's visa status: the person is allowed to reside indefinitely within a country of which he or she is not a citizen. A person with such status is known as a permanent resident....
papers and a visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
to continue working in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. According to family interviews by Arab News
Arab News
Arab News is an English-language daily newspaper published in Saudi Arabia, in the cities of Jeddah, Riyadh, and Dammam. The Editor-in-Chief is Khaled Al-Maeena. The publisher of Arab News is Saudi Research & Publishing Company , a subsidiary of Saudi Research & Marketing Group .Arab News was...
, FBI agents threatened and interrogated Al-Turki numerous times following the September 11 attacks. Fahd Al-Naser, Al-Turki's nephew, indicated FBI harassment started after his 2004 arrest. He also claimed the housekeeper testified the Al-Turki family treated her respectfully during 11 separtate interviews, and “only during the twelfth interview (when police were present) did she raise accusations against him.”
According to Nasar, defense attorneys learned the plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
had recently become a US-resident after marrying an Egyptian-American. Her husband contacted Al-Turki, saying his wife wished to rescind the charges. Prosecutors responded by threatening the accusor with imprisonment unless she remained silent.
Despite these claims and questionable credibility
Credibility
Credibility refers to the objective and subjective components of the believability of a source or message.Traditionally, modern, credibility has two key components: trustworthiness and expertise, which both have objective and subjective components. Trustworthiness is based more on subjective...
, prosecutor Natalie Decker insisted the evidence was overwhelming and none of it was fabricated. “This girl has been consistent through her statements once she came forward,” Decker said.
Cultural bias argument
A strategy utilized by the defense contended that Turki's Arabian cultural norms are alien to most Westerners, and hence, vulnerable to prejudice and cultural biasCultural bias
Cultural bias is the phenomenon of interpreting and judging phenomena by standards inherent to one's own culture. The phenomenon is sometimes considered a problem central to social and human sciences, such as economics, psychology, anthropology, and sociology...
. For example, court documents filed by Al-Turki's lawyers illustrated that "there are Saudi Arabian customs regarding a host family's retention of funds for their domestic servant until she leaves their service."
In his testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
, Al-Turki denied any wrongdoing and said authorities had targeted him because of his religion. He insisted that the woman was treated the same way any observant Muslim family would treat their daughter and defended his actions to District Judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
Justin Mark Hannen, saying that:
"The restrictions placed on her contact with non-relative males were also the same as those applicable to my daughters and other Muslim women in our community. You cannot ask somebody from a different religion to be American to the fullest. You cannot ask them to go dancing, go to the bars. We are Muslim. We are different. The state has criminalized these basic Muslim behaviors. Attacking traditional Muslim behaviors is a focal point of the prosecution."
—Homaidan Al-Turki, District Court Testimony
However, Prosecution lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
Natalie Decker adamantly contested the accuracy of this statement, stressing that the trial proceedings had nothing to do with the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
s beliefs or ethnicity and instead “has to do with what he did to her (the maid) for five years" and that Mr. Al-Turki's actions represented "a clear-cut example of human trafficking
Human trafficking
Human trafficking is the illegal trade of human beings for the purposes of reproductive slavery, commercial sexual exploitation, forced labor, or a modern-day form of slavery...
.” The prosecution also pointed out that the alleged victim, the Indonesian maid, is also a Muslim. Responding to rising accusations of cultural bias, prosecution attorney Ann Tomsic requested that Judge Hannen should strive to treat Al-Turki as he would any American citizen who committed similar crimes. Tomsic further emphasized that “the world is listening, and the court needs to make a statement that in the United States, or at least in...(Colorado), this kind of slavery
Slavery
Slavery is a system under which people are treated as property to be bought and sold, and are forced to work. Slaves can be held against their will from the time of their capture, purchase or birth, and deprived of the right to leave, to refuse to work, or to demand compensation...
will not be tolerated.”
Conviction and sentencing
After two and a half weeks, Homaidan Ali Al-Turki's criminal trial concluded on June 30, 2006. In the end, a juryJury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
of citizens from Arapahoe County convicted him on twelve felony
Felony
A felony is a serious crime in the common law countries. The term originates from English common law where felonies were originally crimes which involved the confiscation of a convicted person's land and goods; other crimes were called misdemeanors...
counts of unlawful sexual contact with force, one felony count of theft of services over $15,000, and two misdemeanor
Misdemeanor
A misdemeanor is a "lesser" criminal act in many common law legal systems. Misdemeanors are generally punished much less severely than felonies, but theoretically more so than administrative infractions and regulatory offences...
counts of false imprisonment
False imprisonment
False imprisonment is a restraint of a person in a bounded area without justification or consent. False imprisonment is a common-law felony and a tort. It applies to private as well as governmental detention...
and conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
to commit false imprisonment. On August 31, 2006, he received a sentence of twenty-eight years-to-life in state prison by Judge Mark Hannen. The unusual courtroom atmospherics while the verdict was announced are worth noting. Dozens of representatives from the Metro Denver Muslim community, including Al-Turki’s friends, relatives and the Imam
Imam
An imam is an Islamic leadership position, often the worship leader of a mosque and the Muslim community. Similar to spiritual leaders, the imam is the one who leads Islamic worship services. More often, the community turns to the mosque imam if they have a religious question...
(prayer leader) of the state’s largest masjid, packed the courtroom. Another prominent attendee was Mohammed Jodeh, former president and chairman of the Colorado Muslim Society. Many had written to the judge expressing their support for Al-Turki. Other letters of support came from several faculty
Faculty (university)
A faculty is a division within a university comprising one subject area, or a number of related subject areas...
members and academic colleagues at the University of Colorado.
Nine sheriff deputies attempted to keep the peace while nearly two dozen of Al-Turki's supporters "howled at the verdict that was delivered after only one day of deliberation
Deliberation
Deliberation is a process of thoughtfully weighing options, usually prior to voting. In legal settings a jury famously uses deliberation because it is given specific options, like guilty or not guilty, along with information and arguments to evaluate. Deliberation emphasizes the use of logic and...
. One man had to be forcibly removed because of his loud sobbing. Al-Turki's supporters contended that the rape charges were primarily based on circumstantial evidence
Circumstantial evidence
Circumstantial evidence is evidence in which an inference is required to connect it to a conclusion of fact, like a fingerprint at the scene of a crime...
, and complained that neither DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
or material evidence were exhibited at trial. A woman collapsed at the courtroom door after seeing Al-Turki taken away in handcuffs." As for Al-Turki, "wearing a white robe, at first showed little emotion - touching his left index finger to his nose - as Judge J. Mark Hannen read the verdicts. After the jury vacated the courtroom, Al-Turki began to cry and embraced his family and friends." During these histrionics, the Indonesian woman who accused him "wept and plugged fingers into her ears to shield the sounds of wailing family and friends." As of May 29, 2009, Homaidan Al-Turki is currently incarcerated at the Limon Correctional Facility
Limon Correctional Facility, Colorado
The Limon Correctional Facility is a Colorado state prison located in Lincoln County, Colorado, United States. Among prisoners it has a high concentration of Mexican and Salvadoran nationals. The U.S. Post Office at Limon serves the Limon Correctional Facility.-Geography:The Limon Correctional...
in Lincoln County, Colorado
Lincoln County, Colorado
Lincoln County is the tenth most extensive of the 64 counties of the State of Colorado of the United States. The county population was 6,087 at U.S. Census 2000...
.
Appeal attempts
On January 22, 2009, it was announced that the Colorado Court of AppealsColorado Court of Appeals
The Colorado Court of Appeals is the intermediate-level appellate court for the state of Colorado. It was established by statute by the Colorado General Assembly under Article VI, Section 1 of the Constitution of Colorado.-Jurisdiction:...
upheld Homaidan Al-Turki’s conviction, ruling that the trial court correctly set certain limits during jury selection
Jury selection
Jury selection are many methods used to choose the people who will serve on a trial jury. The jury pool is first selected from among the community using a reasonably random method. The prospective jurors are then questioned in court by the judge and/or attorneys...
and that the jury’s findings were supported by evidence.
Following the decision, family spokesman Fahd Al-Nasar, announced to the Saudi Gazette
Saudi Gazette
Saudi Gazette is the leading English language daily newspaper published in Saudi Arabia. and is currently available both in print and online.As of July 1, 2011, Dr Omar S. Elmershedi is the Saudi Gazette Editor-in-Chief.Managing Editor: Shams Ahsan...
that six American law firms had been retained and they planned to appeal
Appeal
An appeal is a petition for review of a case that has been decided by a court of law. The petition is made to a higher court for the purpose of overturning the lower court's decision....
the verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
with the Colorado Supreme Court
Colorado Supreme Court
The Colorado Supreme Court is the highest court in the U.S. state of Colorado. Located in Denver, the Court consists of a Chief Justice and six Associate Justices.-Appellate jurisdiction:...
. Nasar added he was surprised to hear the Appeal decision only two weeks after the initial hearing
Hearing (law)
In law, a hearing is a proceeding before a court or other decision-making body or officer, such as a government agency.A hearing is generally distinguished from a trial in that it is usually shorter and often less formal...
, since he assumed this type of case required a minimum of at least four to six weeks. However, the Al-Turki family is optimistic about their relative's future prospects, especially with the new Obama administration in the White House
White House
The White House is the official residence and principal workplace of the president of the United States. Located at 1600 Pennsylvania Avenue NW in Washington, D.C., the house was designed by Irish-born James Hoban, and built between 1792 and 1800 of white-painted Aquia sandstone in the Neoclassical...
promising to retain civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
and cancel emergency laws that were enacted by the Bush administration after the September 11 attacks. They are also hopeful that diplomatic efforts from the Saudi embassy in Washington DC will assist in producing a more desirable legal outcome.
There is an emotional and official 'Free Homaidan' video circulating on YouTube featuring Arab celebrities, as well as an official website, after a Saudi social campaign that started on Facebook, which had more than 11,000 members.
Post-conviction
After reaching an agreement with prosecutors, Al-Turki's wife, Sarah Khonaizan, pleaded guilty to reduced charges in both state and federal courts. She was sentenced to home detention and probationProbation
Probation literally means testing of behaviour or abilities. In a legal sense, an offender on probation is ordered to follow certain conditions set forth by the court, often under the supervision of a probation officer...
in the federal case and two months in jail for the state case. On September 1, 2006, she was transferred to the custody of federal immigration officials and according to her attorney, Forrest Lewis
Forrest Lewis
-Career:In the mid-1950s, Lewis appeared briefly as a deputy in the syndicated crime drama Sheriff of Cochise, starring John Bromfield. He also guest starred with Maudie Prickett in the episode "Brief Glory" of the syndicated western series 26 Men...
, she agreed to not fight deportation proceedings. Sarah arrived in Riyadh on September 22, 2006, with her two children and immediately issued a press statement, signed by Hamad Al-Khonaizan, Sarah’s brother, blaming anti-Muslim sentiment in the U.S. for Al-Turki’s prosecution. According to the statement, the primary factor behind her husband’s imprisonment was his successful efforts at preaching Islamic dawah
Dawah
Da‘wah or Dawah usually denotes the preaching of Islam. Da‘wah literally means "issuing a summons" or "making an invitation", being the active participle of a verb meaning variously "to summon" or "to invite"...
.
After the state conviction, federal charges of forced labor, document servitude and harboring an illegal immigrant were dropped. In its motion
Motion (legal)
In law, a motion is a procedural device to bring a limited, contested issue before a court for decision. A motion may be thought of as a request to the judge to make a decision about the case. Motions may be made at any point in administrative, criminal or civil proceedings, although that right is...
, the U.S. Attorney’s office said that dropping the federal charges was done in hopes of sparing the victim from having to testify again about “the most intimate personal matters.” Judge Walker D. Miller added the U.S. attorney's decision to drop federal charges was "in no way a statement regarding the strength of the government's case."
While incarcerated, Mr. Al-Turki claims he was offered a bargain-deal by U.S. authorities which included deportation to Saudi Arabia and employment as an undercover FBI operative. In a video interview posted on You Tube, Al-Turki states he is being mistreated in prison as well as his wife, who he further contends had her hijab
Hijab
The word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....
(head scarf) forcibly removed from her head during the trial. According to Islamic cultural norms, the removal of a woman’s head scarf is considered an extreme insult.
Fact as stated to the US Supreme Court
Statement of facts from United States Supreme Court Brief, references are to volume and page numbers in the actual trial transcript:Statement of the Case and Facts
In June 1999, Mr. Al-Turki and his wife/co-Defendant [Sarah Khonaizan] brought Z.A., a 17-year old Muslim girl from a village in Indonesia, to Saudi Arabia to work for them as a domestic servant at a salary of 600 Saudi riyals (approximately $150) per month (Record 18:60-61, 71-75, 99-100, 102).In September 2000, the Al-Turkis brought Z.A. to the U.S. (Record 18:124). She was admitted to stay until March 9, 2001, as a “personal or domestic employee.” The Al-Turkis kept Z.A.’s passport but failed to renew it, while repeatedly warning her that if she left them she would be arrested (Record 21:28). They also strictly controlled her communications, disallowing her to write letters to her friends (Record 21:80; 22:49; 23:28, 132-134).
Mr. Al-Turki misrepresented Z.A.’s visa status and employment situation to his friends (Record 25:88-89, 262, 307). He also falsely told his secretary at his bookstore that Z.A. was married to a driver in Saudi Arabia (Record 25:184-85). Z.A. was instructed to
say that her salary was $800 per month(Record 18:122). In August 2004, she was told that if she was contacted by authorities she should tell them that she had two days off every week, and that her salary was sent to Indonesia (Record 21:73-74,99).
On November 18, 2004, following FBI investigations of Mr. Al-Turki, Z.A. was arrested for overstaying her permit. Mr. Al-Turki and his wife were also arrested for harboring an illegal alien. Initially, Z.A. told authorities what she had been instructed to say by the Al-Turkis regarding her employment situation. Eventually, however, she told the truth, including the fact that she had been paid only $1500 during her entire stay in the United States. She also revealed that Defendant had sexually abused her on a regular basis. [Based on minimum wage, the value of Z.A.’s services during the last three years of her work for the Al-Turkis was $96,044.92 (Env. #6, People’s Exh.87a 5162).]
At trial, Z.A. provided a detailed account of Mr. Al-Turki’s sexual misconduct. According to her, about once every two weeks, Mr. Al-Turki would go to her room in the basement at night and sexually molest her, including digitally penetrating her and forcing her to perform oral sex on him (Record 19:21-22, 26, 65, 97, 99, 102; 21:41). During the last incident of sexual abuse, which occurred approximately two weeks before Z.A.’s arrest, Mr. Al-Turki, for the first time, had sexual intercourse with Z.A., who was still a virgin (Record 21:44-46).
Afterwards, Z.A. confronted Mr. Al-Turki with a blood-stained tissue, expressing fear that she would become pregnant (Record 21:45). Three days later, Mr. Al-Turki told Z.A. not to worry, that he would not have sexual intercourse with her again, and that she should tell him if she missed her period (Record 21:48). Z.A. kept a diary describing Mr. Al-Turki’s sexual abuses. However, prior to Z.A.’s arrest, Mr. Al-Turki told her to destroy it, which she did (Record 21:75-76; 23:109-10).
Two married Muslim women described Mr. Al-Turki’s similar acts of sexual misconduct against them, including touching their genitalia and breasts (Record 24:160-71, 180-99).
Mr. Al-Turki’s theory of defense, which is repeated in his petition, was that Z.A., under pressure from the FBI and motivated by the desire to get authorization to stay and work in the U.S., had fabricated the allegations (Record 18:44, 50-51, 53-55; Env. #8, Instruction 32). However, Z.A., who disclosed Mr. Al-Turki’s abusive conduct to a friend of his, Mr. Al-Resheid, more than a year before any contact with authorities (Record 19:105-06) . [ Mr. Al-Resheid, a subpoenaed witness for the prosecution, left the U.S. on August 16, 2005, and never returned (Record 20:52-54).]
Z.A. never asked for assistance to stay in the U.S. (Record 25:171). Moreover, under the 2000 Trafficking and Violence Protection Act, Z.A. automatically qualified for “continued presence” status, which allowed her to stay and work in the U.S. (Record 25:119-20, 122,125-26), and the process to establish her “continued presence” status started long before she revealed the sexual abuse (Record 25:125). Finally, the FBI agent who helped Z.A. with filling out her necessary forms signed them on April 4, 2005, three days before her revelation (Record Env. #7, Deft’s Exhs. E, F; 25:172-88).
Mr. Al-Turki was convicted of false imprisonment, conspiracy to commit false imprisonment, felony unlawful sexual contact (12 counts), criminal extortion, and theft (Record 4: 872-99). He was sentenced to concurrent terms of 20years to life for the unlawful sexual contacts, an eight-year consecutive term for theft, and shorter terms on the remaining charges to run concurrently with the theft sentence (Record 4:901-02; 5:1250-55; 29:73-76; Supp. Record 31-34).
On appeal, Mr. Al-Turki challenged his convictions on various grounds. In an unpublished opinion, the Colorado Court of Appeals affirmed Mr.Al-Turki’s convictions. People v. Al-Turki, 06CA2104,January 22, 2009 (Petition, App. 1a-29a). The Colorado Supreme Court denied certiorari review. Al-Turki v. People, 2009 WL 2916999 (Colo. No. 09SC326, September 14, 2009) (Petition App. 30a-31a).
On April 5, 2010, the United States Supreme Court denied Mr. Al-Turki's Petition for Certiorari.
International reaction
The Homaidan Al-Turki case sparked controversy and high-profile attention from Muslims worldwide, particularly in the Kingdom of Saudi Arabia, where local media portrayed him as a victim of bias against MuslimsIslamophobia
Islamophobia describes prejudice against, hatred or irrational fear of Islam or MuslimsThe term dates back to the late 1980s or early 1990s, but came into common usage after the September 11, 2001 attacks in the United States....
and said he would not have been convicted of these crimes had he been tried in his native country. For example, in a show of support, the Saudi government
Politics of Saudi Arabia
The politics of Saudi Arabia takes place in the context of an Islamic absolute monarchy. The King of Saudi Arabia is both head of state and the head of government, but decisions are, to a large extent, made on the basis of consultation among the senior princes of the royal family and the religious...
provided Al-Turki with $400,000 to post bond. In November 2006, Colorado
Colorado
Colorado is a U.S. state that encompasses much of the Rocky Mountains as well as the northeastern portion of the Colorado Plateau and the western edge of the Great Plains...
Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
John Suthers
John Suthers
John William Suthers is the current Attorney General of Colorado. He is a practicing Catholic and member of the Republican Party.-Background:Suthers was born in Denver, Colorado and adopted a month later by a Colorado Springs couple....
travelled to Saudi Arabia where he visited King Abdullah
Abdullah of Saudi Arabia
Abdullah bin Abdul-Aziz Al Saud, Custodian of the Two Holy Mosques, is the King of Saudi Arabia. He succeeded to the throne on 1 August 2005 upon the death of his half-brother, King Fahd. When Crown Prince, he governed Saudi Arabia as regent from 1998 to 2005...
, Crown Prince Sultan
Sultan, Crown Prince of Saudi Arabia
Prince Sultan bin Abdul-Aziz Al Saud "Sultan Al-Khair" was the crown prince of Saudi Arabia at the time of his death. He served as the First Deputy Prime Minister and Minister of Defense and Aviation. He was one of the Sudairi Seven. Sultan was first in the Saudi line of succession.-Early life...
, and Al-Turki’s family in an attempt to clear up "misperceptions" about the U.S. judicial system and ease the Saudi royal family's concerns over whether Homaidan Al-Turki was treated fairly. Suthers went there at the request of the U.S. ambassador in Saudi Arabia, who had the State Department contact Colorado Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
Bill Owens. The trip was sponsored and paid for by the U.S. State Department.
Even years after the case was closed, the issue continues to arouse powerful emotions in Saudi Arabia and affect the delicate balance of Saudi-US foreign relations
International relations
International relations is the study of relationships between countries, including the roles of states, inter-governmental organizations , international nongovernmental organizations , non-governmental organizations and multinational corporations...
. Saleh Bin-Humaid
Ibn Humaid
Abdullah Ibn Humaid, also known as Sheikh Abdullah bin Muhammad bin Humaid was the former Chief Justice of Saudi Arabia and Imam of the Grand Mosque of Mecca. His son Salih, is the current Imam of the Grand Mosque of Mecca as well as the head of the Saudi Consultative Council.- Biography :He was...
, chairman of the Consultative Assembly of Saudi Arabia
Consultative Assembly of Saudi Arabia
The Consultative Assembly of Saudi Arabia also known as Majlis as-Shura or Shura Council is the formal advisory body of Saudi Arabia, which is an absolute monarchy. It cannot pass or enforce laws, a power reserved for the King. The Consultative Assembly has limited powers in government, including...
(Shoura Council), brought up Al-Turki’s case during an official meeting with the US Secretary of Homeland Security Michael Chertoff
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
in Riyadh on March 26, 2009, when he urged Americans to review the topic. According to a public statement from Bin-Humaid, “The Saudi people sympathize with Homaidan Al-Turki and they closely follow up his case.”
In 2010, a campaign has been launched by the citizens of Saudi Arabia, Homaidan's friends and family, and all those who hope for his release. The campaign is gaining wide spread primarily on the Internet at (http://www.obamafreehomaidan.com/ ). The efforts of many individuals on social networking websites like are being noticed as thousands are peacefully requesting justice and the release of Homaidan Al-Turki.
Retrial on Friday 2/2/2011
Saudi PhD candidate Homaidan Al-Turki, who is jailed in the US state of Colorado, will get a retrial on Friday.After his appeal was accepted, Al-Turki's previous 28-year sentence will be reheard at Arapahoe Court at 09:00 am Colorado local time.
Al-Turki’s defenders have provided many supportive documents to drop the charges. The lawyers have also cited Colorado prison chief's testimony of Al-Turki’s good behavior and that the chief requests the judge to commute the punishment.
Al-Turki’s medical treatments costs are rising as a result of his deteriorating health condition and it’s better to send him to his homeland, the prison chief has added.
Meanwhile, the Saudi Embassy in the USA made a formal request to release the Saudi national. Al-Turki’s case attracted much national attention since he was detained nearly 5 years ago.
It’s worth mentioning that several Saudi dignitaries have recently sent a popular message (video) to US President Barack Obama titled “Obama, Release Homaidan”.
Reduction of sentence
After a hearing before District Judge J. Mark Hannen in the Colorado District Court in Arapahoe County on February 25, 2011 Al-Turki's sentence was reduced to 8 years to life, making him eligible for parole soon. The Court cited his good behavior in prison. The hearing was granted due to a decision in another case which held that excessive minimum sentences had been imposed on some sex-offenders. A letter from the Saudi ambassador to the United States was considered by the court. Parole may be conditioned on Al-Turki's progress in the prison system's rehabilitation programs for sex-offenders.External links
- Homaidan Al-Turki blog, English
- al-basheer.com
- Homaidan Al-Turki and Sarah Khoaizan Indicted for Forced Labor, Document Servitude, and Harboring, usdoj.gov
- Daniel Pipes Blog on Al-Turki
- US District Court for the District of Colorado, Judge Phillip S. Figa
- http://www.youtube.com/watch?v=BOnoqBsrOjY&feature=related Obama Free Homaidan ; a Saudi social campaign that pleas for a serious stance and grants a presidential pardon to the favor of humaidan alturki