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Kuwaiti woman convicted in absentia in hit-and-run death

Michael Kiefer
The Arizona Republic
Apr. 27, 2006 12:00 AM

A jury took 15 minutes Wednesday to return three guilty verdicts against a woman who fled the country rather than stand trial for the September hit-and-run accident that killed a Mesa man.

Muneerah Al-Tarrah, 22, was found guilty of leaving the scene of a fatal accident, driving while impaired and driving under the influence with a blood-alcohol content higher than 0.08 percent.

Al-Tarrah's co-defendant, Reem Bishara, 20, whose own trial ended last month with a deadlocked jury, testified against her former friend. Bishara told the jury that Al-Tarrah knew she had hit someone and had asked Bishara to lie on her behalf.

But the convictions were a hollow victory for Glenn DeGain, the victim's father, who has attended nearly every court hearing for both defendants.

"We've had a mistrial, and we've convicted someone who's not here," DeGain said. "It's difficult for me to get any sense of justice."

The two women, both Kuwaitis and students at Arizona State University, were driving in separate vehicles along Alma School Road in Mesa in the early-morning hours of Sept. 14 after a night of drinking in Tempe and Scottsdale bars, when Todd DeGain, 35, darted in front of Al-Tarrah's car and was killed instantly.

Bishara, who was driving behind Al-Tarrah, ran over parts of DeGain's motorized skateboard; her car was sprayed with DeGain's blood. But Bishara testified she never saw DeGain and didn't know Al-Tarrah had struck a person. After two weeks of trial, the jury found her guilty of underage drinking and driving but deadlocked on the more serious charge of leaving the scene of a fatal accident.

Al-Tarrah's trial began April 13. Deputy County Attorney Jennifer Green called the same witnesses as in Bishara's trial, but with one important addition for the prosecution - Bishara herself. And Green had clearly benefited from the first trial, sidestepping issues that sidetracked the first jury.

Defense attorney Todd Nolan, however, questioned Bishara's credibility. He suggested that she thought her testimony would earn her special consideration toward her retrial.

"The reasonable inference about Reem Bishara is that she is a liar," Nolan said.

Al-Tarrah could be sentenced to 1 1/2 to 3 3/4 years in prison for the hit-and-run, although the crime is usually punished by a sentence of probation, with or without jail time. But Al-Tarrah fled the country in January, and although she could be tried in absentia, she cannot be sentenced in absentia. County Attorney Andrew Thomas has said repeatedly he will seek her extradition from Kuwait.

Bishara will be sentenced on the underage-drinking conviction on May 4.

Meanwhile, Al-Tarrah's original attorney, David Michael Cantor goes on trial May 15 to determine whether he was in contempt of court when he refused a judge's order that he confiscate Al-Tarrah's passport.