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Case Is Dropped Against Shiites In Sunni Deaths

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American officials, however, said evidence had emerged that one of the trial judges had promised to find the defendants not guilty and that a senior judge had ordered him to be replaced.

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Witness intimidation has been one of the most significant concerns in the trial.

Many of the witnesses agreed to testify only because they believed their names would be kept secret, but their names were leaked and supporters of the former Health Ministry officials threatened to kill them or their families if they didn't recant their testimony, American officials said. Many of the witnesses did not show up at the trial, though Iraqi law allows their testimony to be read if they do not attend.

One witness who did appear on Monday, Nazar Mehdi Abdul Rasul, the Health Ministry's chief legal representative, contradicted his sworn testimony in October that he witnessed an old man begging Zamili to help secure the release of the man's kidnapped brother.

"I heard Hakim Zamili call the kidnappers on his cellphone and ask them to release the brother of this old man," Rasul testified in October. "And after a long pleading I heard Zamili saying, 'Don't kill him, just throw him on Canal Street.' "

But on Monday, Rasul, who trembled and kept glancing at Zamili, said Zamili was a pious man and competent administrator. Rasul said he had misspoken during his earlier testimony because he was weak from fasting for Ramadan. The angered chief judge chastised Rasul and said he could submit his testimony in writing if he feared speaking in the courtroom.

Attorneys for the defendants called a number of witnesses, many Sadrists and current employees of the ministry, who defended Zamili and Shamari and suggested that others were behind the kidnappings and killings. But the judge also read the testimony of witnesses who accused Zamili and Shamari of being sectarian killers.

At the end of a long day Monday, the prosecutor got up and read what Americans described as a long statement. "The evidence against Hakim and Hamid is not enough to convict them. I ask to drop these charges and release them right away unless they are wanted for another case," said the prosecutor, whose name was not released as a security precaution.

"The bottom line is that we're reserving judgment on the Iraqi court's decision today," said Nantongo, the U.S. Embassy spokeswoman. "We remain concerned about this case."

A U.S. official said Zamili and Shamari are likely to be freed within 24 hours. Preparations were being made to tighten security for witnesses who testified against them.

Also Monday, Iranian President Mahmoud Ahmadinejad wrapped up a historic two-day visit to Iraq by calling on U.S. forces to leave the country.

"They should leave this area, and they should hand over the running of affairs to the government and the people of this region," he said. "The people in the region despise them and don't welcome them. None of the people in the region love those forces."

Despite tightened security measures that shut down much of Baghdad, two suicide bombers staged separate attacks that killed at least 18 people and wounded 23 others, Iraqi officials said.


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