Manhattan District Attorney Cyrus Vance indicted Ferhani, the first person charged under a state terrorism law passed after 9/11. A grand jury rejected the top terrorism count, which carries a sentence of life imprisonment. In 2012, Ferhani pleaded guilty to lesser terrorism charges.
Ferhani’s decision to take a plea lies with another lone-wolf terrorism case. Shahawar Matin Siraj, a Pakistani immigrant, was arrested by the NYPD without the FBI on the eve of the 2004 Republican National Convention at Madison Square Garden. He was accused of plotting to blow up the nearby Herald Square subway station.
At trial, Siraj’s attorney, Martin R. Stolar, argued an entrapment defense. Evidence revealed that Siraj had an IQ of 79, which is considered borderline-retarded; that the NYPD had paid an informant $100,000 to befriend him and encourage the plot; that a co-conspirator, James Elshafay, had been recently released from a mental institution and that, when arrested, he agreed to testify against Siraj. Siraj was convicted and is serving a 30-year prison sentence.
Said Stolar last week: “With any Muslim accused of terrorism, you have a major hurdle to overcome, no matter what your defense.”
Said Deek: “No one has won with an entrapment defense post 9/11. At worst, Ferhani’s was a gun-possession case and the offer we got was akin to what he would have gotten had he just been charged with a gun crime.”
Siraj’s mother, Shahira Parveen, attended a demonstration in support of Ferhani outside 1 Police Plaza last week. She said their family had come to America from Karachi, Pakistan in 1999, because of threats by Muslim extremists as they belonged to a different Muslim sect. “We came here for a better life for our children,” she said.
Ferhani’s mother, Kheira, said their family had come to America from Algeria also because of threats by Muslim extremists. “I was a French teacher. Fundamentalists sent a letter, threatening to kill me. I am a Muslim but I don’t wear the hijab. Before I retired, I worked at Saks and Bergdorf as a beauty adviser. My children were all raised in America. They have an American mentality.”
Doctors have told her that even if her son recovers, he may be blind and/or paralyzed. Now she sits by his bedside, hoping for a miracle.