Saudi man prevails in hearing on bail

Aurora resident had been held as flight risk

By Karen Abbott
Rocky Mountain News
July 29, 2005

A Saudi Arabian man accused of keeping a young Indonesian woman a virtual captive in his Aurora home for four years can be released from jail while the charges are pending against him if he posts $400,000 cash bail, a federal judge ruled Thursday.

Colorado U.S. District Judge Walker Miller overruled a magistrate who earlier declared Homaidan Al-Turki a flight risk and ordered him detained.

For purposes of deciding bail, Miller said, "The evidence does not weigh heavily against the defendant, in my judgment."

More extensive evidence would be presented at trial, but for now, Miller said, the only evidence against Al-Turki is a law officer's report on the young woman's allegations.

Al-Turki's two youngest daughters hopped up and down in the courtroom, and defense attorney John Richilano used his cell phone as soon as the judge left to call Al-Turki's brother in Saudi Arabia with the news of Miller's ruling.

The brother, who is a doctor, said the family will immediately begin trying to raise the money, Richilano said.

The entire $400,000 must be deposited with the court to guarantee Al-Turki's appearance at future court proceedings.

Defense attorney Dan Recht said the total cost of freedom while charges are pending for Al-Turki and his wife - who faces related charges - likely will be about $1 million.

That includes Al-Turki's $400,000 bail in Arapahoe County District Court, already provided by the Saudi government; $400,000 in federal court; an expected $25,000 to $50,000 bond to immigration court and his wife's $150,000 bail in Arapahoe County District Court.

Federal prosecutors had argued that Al-Turki easily could obtain temporary travel documents through the Saudi Arabian embassy in the United States and leave the country. But Richilano told Miller that embassy officials have said they never issue temporary travel documents in such circumstances.

In Arapahoe County District Court, Al-Turki is charged with kidnapping and sexually assaulting the young woman.

Prosecutor Jim Allison declined to comment on Miller's ruling.

For the second time, Al-Turki's relatives, friends and the leaders of the local Muslim community packed a federal courtroom to show their support for him. His wife - free on $150,000 bail pending related charges against her in Arapahoe County District Court - attended with the couple's son and four daughters.

Also present were several faculty members and students from the University of Colorado, where Al-Turki, 36, is a graduate student in linguistics, working toward a doctorate.

"I am very happy and satisfied with the analysis of the judge," said Mohamad Jodeh, former president and chairman of the Colorado Muslim Society, who sat through Thursday's hearing before Miller and testified on Al-Turki's behalf at the earlier hearing before the magistrate. Al-Turki's lawyers had appealed the magistrate's refusal to set bail to Miller.

"He took each issue and analyzed it," Jodeh said of Miller's decision. "He was perfectly good in his judgment to release him on bond. The only thing that disturbed me is the amount."

Jodeh said Al-Turki's family struggled to find the $150,000 to set his wife free on bond.

Noting Al-Turki's smiling young children, Jodeh said, "They can have the best happy sleeping night for probably the last three months."

Defense attorney Recht said he doesn't know whether Al-Turki's family will be able to raise the money.

"The family does have money, but not that kind of money," Recht said.

Al-Turki and his wife brought the young Indonesian woman into the United States as the family housekeeper when she was in her late teens. He allegedly took away her travel documents, made her work 12-hour days cleaning, cooking and taking care of children and paid her less than $2 a day, Allison said.

He said the woman was allowed out of the house alone only to take out the trash, bring in the mail and clean up the yard.

Al-Turki could spend the rest of his life in prison if he is convicted.

But defense lawyers said the young woman was interviewed 11 times by law officers before she alleged that she was sexually assaulted.

Miller said he considered that when he decided to set bail.

"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," Miller said.

The judge also noted the "extraordinary turnout of his community supporting him," and said statements in support of Al-Turki "would indicate that the factors of his character and so forth weigh in his favor."

Miller ordered Al-Turki to be placed on electronic monitoring, to stay away from all potential witnesses in the case except his wife, to stay in Colorado and not to seek deportation through the U.S. immigration agency, which initially arrested him because of questions about the validity of his student visa.

Al-Turki operated a publishing and translation business, and federal authorities thought that might violate his student visa, which does not allow holders to have jobs.

Student visa holders are allowed to manage their investments, defense attorneys said.

An FBI agent who has worked on the case testified Thursday that Al-Turki had borrowed more than $200,000 for his business from three friends who attended his mosque but had repaid only about $53,000 of it.

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