Vigil marks upcoming hearing in Fort Dix Five case

With a court hearing looming, supporters of three brothers convicted in 2008 of conspiring to kill U.S. soldiers took part Friday in the first of several planned weekly demonstrations outside the federal courthouse in downtown Camden.

The parents of Dritan, Shain, and Eljvir Duka - three of five men who became known as the Fort Dix Five - and a handful of supporters said the vigils are intended to heighten awareness about the case as the brothers prepare to argue in court that they were improperly compelled by defense attorneys to not testify during their initial trial seven years ago.

U.S. District Judge Robert B. Kugler in late September granted the brothers a hearing, set for January, that will allow them to present evidence regarding their claim that they were denied the right to testify.

The Dukas are serving life prison sentences.

The three brothers, all undocumented Albanian immigrants who ran a roofing business, say their respective lawyers coerced them into not testifying, despite their wishes. Their then-attorneys have countered that they inform rights and never coerced them.

For supporters, the outcome of the hearing could mean another chance at fighting the charges that they believe were the result of an overzealous post-9/11 justice system. The charges were born out of a 16-month investigation by the U.S. Attorney's Office for New Jersey, which was headed by now-Gov. Christie at the time.

"To me, it was like everything was set up," the brothers' mother, Zurata Duka, 56, of Cherry Hill, said Friday outside the courthouse at Fourth and Cooper Streets. "Give us justice."

Their father, Ferik, 70, said he could hardly look at the courthouse where three of his sons were convicted on "lies," but said he would continue to stand outside and hold a banner as their hearing nears.

Skeptics of the government's case contend that the Duka brothers were targeted because of their religion and were entrapped into illegally buying AK-47s. They argue that the evidence was insufficient for their conviction of conspiring to murder U.S. military members, and point out that no real plan to carry out an attack on Fort Dix or elsewhere was ever conceived.

The brothers and two others, Mohamad Shnewer and Serdar Tatar, were convicted in December 2008. Much of the case against them was built on recordings by two FBI informants. Dritan and Shain Duka were arrested after trying to buy seven rifles from one of the informants.

Defense attorneys during the trial said the men, former classmates at Cherry Hill High School West, had simply talked about jihad and never planned to harm anyone. Supporters say the men intended to use the guns only at shooting ranges.

"They were Muslims, and in the minds of the public, anyone who's Muslim is a terrorist," said Joe Piette, a 69-year-old retired postal worker from Upper Darby who is part of a support committee organized for the Fort Dix Five.

The event was planned by that committee and Project SALAM (Support and Legal Advocacy for Muslims), an Albany, N.Y.-based group that advocates against what it deems to be baseless charges and convictions against Muslims.

afichera@philly.com 856-779-3917

@AJFichera