A pro-Palestinian professor charged in the death of a 69-year-old Jewish father in a scuffle during a street protest in California had his bail reduced Friday from $1 million to just $50,000.
The drastic bail reduction came shortly after authorities announced the suspect, Loay Abedelfattah Alnaji, 50, could still face hate crime charges in the death of Paul Kessler, who died from head injuries he suffered while protesting a pro-Palestinian demonstration in Thousand Oaks, Calif., on Nov 5
Alnaji, who holds both Jordanian and US passports, wore a blue prison outfit as he entered the court, where about 25 reporters and several members of his family including his wife Nada, who appeared distraught, were present.
The suspect, who teaches computer science at Moorpark College, glanced at the audience before taking a seat next to his attorney, Ron Bamieh, who argued his client was not a flight risk.
“He is a US citizen. He belongs to Ventura County. He is no flight risk. He has been cooperating with the police,” Bamieh told Judge Ryan Wright of Alnaji.
“He had no intention of running away. His family is here, he has three children, and he has an old wife,” added the lawyer.
Loay Alanji in Ventura County court on Friday.Barbara Davidson/The New York Post
Bamieh also said Alnaj has no criminal history — and hinted that his client would have been released on his own recognizance if he were not of Middle Eastern descent.
“He has no criminal record. He doesn’t have a ticket for loud music. What do we do? If this is Smith Jones, he will OR [released on his own recognizance],” said the lawyer. “He’s protesting a cause he believes in. … He’s not a danger to society.”
Judge Wright set bail at $50,000 and ordered Alnaji, who has pleaded not guilty to two felony charges, to surrender his passport.
At a hasty press conference after the hearing, Bameih said he expected his client to be able to post bail on Friday but it could be several hours before he is released.
The professor was charged over the death of a 69-year-old Jewish father. AP
The lawyer added that there was video evidence that Kessler had “been abusive in the past” to protesters.
“There are social media recordings of him doing obscene things to protesters,” Bamieh said. “He took the time to learn the Arabic word for ‘prostitute’ and shouted that at the protesters. The effort and passion with which he hated people there was obvious …. I’m sure Mr. Kessler in his normal life is a good person, but for whatever reason, and I can think of many, this issue really burns him.”
Bamieh pointed out that the video of Kessler’s fall shows his client was 6 to 8 feet from the senior when he went down on the pavement.
“While he may have been pushed or hit by the megaphone, that’s not what caused him to fall,” the lawyer said of Kessler. “When he fell, my client was 6 to 8 feet away from him, and that will be the evidence we present when we finally get this before a judge and jury.”
Alnaji appeared with his lawyer, Ron Bamieh.Barbara Davidson/The New York Post
Bamieh added, “To act like [Alnaji] is the risk and the threat of flight, that he will take off to Jordan or Kuwait, is ludicrous.”
Earlier in the day, the Ventura County District Attorney’s office held a joint news conference to announce that while the office has so far chosen not to file hate crime charges in Kessler’s death, it is still possible if new evidence comes to light.
“We do not reject hate crimes. The investigation into the alleged hate crime is still ongoing. There is an outstanding search warrant, but at this time, we do not have a satisfied hate crime element, therefore we cannot charge him in this criminal docket,” Ventura County DA Erik Nasarenko said at a press conference Friday.
But Nasarenko said either way, the two felony charges brought against Alnaji — involuntary manslaughter and causing serious bodily injury — would count as two strikes against him under California’s three-strikes law if he were convicted.
Suspect Loay Abdelfattah Alnaji, 50, could still face a hate crime rap.
If someone is convicted of “three strikes” under state law, they carry a mandatory minimum sentence of 25 years to life in prison.
Nasarenko said his office declined to file homicide charges because the evidence did not support the conclusion that Alnaji intentionally killed Kessler, a married father who worked in medical sales and as a college professor and was a pilot.
“We received no evidence, no statement, no information whatsoever that the defendant arrived at that intersection with the intent to kill, injure or injure anyone,” the DA said.
Nasarenko said investigators have so far interviewed more than 60 witnesses and reviewed more than 600 pieces of evidence. He acknowledged the difficulty of prosecuting cases like this given the “different, often conflicting interpretations and statements,” as well as the “fragmented nature of the evidence.”
The suspect was charged with two felony counts including murder, but the DA’s office said it did not pursue a murder charge because the evidence did not conclusively show intent to kill.RMG
But using extensive physical and forensic evidence in the case, the DA’s office was able to “establish a clear sequence of events leading up to the confrontation,” aided also by video and digital imagery captured at the scene, Nasarenko said.
“This new evidence as well as the technology we are using has allowed our office to file these criminal charges,” he said. “Our job is to find the truth and achieve clarity in this case, and that’s what we’ve done.”
Nasarenko said he had a virtual meeting with the Kessler family Thursday for about 30 minutes.
Paul Kessler, 69, died after an altercation at a pro-Palestinian demonstration in Thousand Oaks, Calif., on Nov. 5. via @buttonslives/Twitter
“They are mourning, they are grieving, and they are asking for privacy during this very difficult period,” he said.
In his remarks to reporters, Nasarenko painted a picture of Kessler as a hard-working and dedicated family man.
“Paul Kessler worked in medical sales for decades. He also taught sales and marketing at several satellite college campuses. He was also a pilot. He was married for 43 years. He is also survived by a son.
“We want to continue to remember and honor Paul Kessler and the tragic loss of life that occurred,” Nasarenko said.
Alnaji, who had been posting pro-Palestinian messages on his personal social media account, was arrested at his Moorpark home “without incident” early Thursday.
Alnaji is scheduled for a preliminary court hearing on Dec. 4.
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Source: thtrangdai.edu.vn/en/
