Posted: 3:06 am EDT
Updated: June 2, 8:23 am PDT
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This is excerpted from the Opinion from the Court of Appeals for the Sixth Circuit, filed on May 27, 2015 concerning a case of a U.S. citizen found guilty of abusing his own children who are also U.S. citizens. News reports are often loud when things go wrong, but never as loud when things go right. We don’t often hear about these cases until they go to court and we almost never hear the role played by our consular officials when assisting the victims. An RSO was also involved in this case, but was unnamed in court documents. We understand that this official will be DCM at one of our embassies in the Middle East this summer.
The vice consul in this case is FSO Mark Goldrup. His name appeared on the Congressional Record in June 2009 for his consular officer appointment. We suspect but could not confirmed that he was on his first overseas assignment at US Embassy Damascus when he assisted these victims find safe shelter in Syria back in 2010. The prosecutor said that Mr. Goldrup “took the extraordinary step of keeping an American citizen away from his two citizen sons because he felt that he posed a danger to them.” The State Department’s recruitment slogan last year was Change the World, Join the Foreign Service. Not sure about the world, but here is proof of one FSO who helped changed three lives, forever.
Malek M. Al Maliki was sentenced to 292 months on each of counts 1 & 2, to be served concurrently last year. He was remanded to the custody of the US Marshal. Supervised Release 10 years. This term consists of 10 years on each of counts 1 & 2, all such terms to run concurrently, with several conditions including Firearms and Dangerous Weapons Prohibition; DNA Collection; Mental Health Treatment; Minor Protection and Restriction Program; Sex Offender Registration and Notification Act. (United States of America v. Al Maliki; 1:13-cr-00121-SL-1). The U.S. Court of Appeals for the Sixth District affirmed the lower courts decision on May 27, 2015 (Case No. 14-3386). Excerpt below:
McKEAGUE, Circuit Judge. A jury of his peers found Malek al-Maliki guilty of a heinous crime: sexually abusing his own two children, ages twelve and three. Al-Maliki challenges several aspects of his conviction and sentence. His constitutional challenge to his conviction is a close call, but it ultimately fails under plain-error review. The rest of his challenges fail as well. We affirm.
Iraq native Malek al-Maliki had his first child, John Doe #1, with Hinda al-Rhannai in 1998. Two years later, the couple had a civil marriage and al-Maliki (but not his wife) became a United States citizen. Their physical union did not last long. Although they remained legally married, the couple has been separated since 2000 or 2002. Despite the separation, they had one more child, John Doe #2, in 2007. Since around 2000, al-Maliki has lived alone on the west side of Cleveland, Ohio, and al-Rhannai has lived in Morocco and then Syria with the two sons.
Al-Maliki visited his family on a few occasions over the years. The United States claims that during one trip from August to November 2010, he sexually abused his two children (then ages twelve and three), violating 18 U.S.C. §§ 2423(c) and (e). A grand jury indicted him under that statute, which at the time punished any United States citizen “ who travels in foreign commerce, and  engages in any illicit sexual conduct,” which includes noncommercial sexual acts with a minor, or any attempts to do the same.
Al-Maliki denied all of the charges, and a trial began. The jury heard from Mark Goldrup, a vice consul at the U.S. Embassy in Damascus, Syria. He testified that he put al- Rhannai and her children in a safe shelter after al-Rhannai came to the embassy seeking assistance for injuries consistent with domestic abuse. The jury also heard from Department of Homeland Security Special Agent Gabriel Hagan. She testified that she observed the sons’ open affection toward their mother, but that al-Maliki insisted his wife abused the sons. She also testified about a live interview she saw of John Doe #1, where the boy cried and hid his face while struggling to recount the sexual abuse (the “sin,” he called it) that he suffered.
Al-Maliki next challenges the admissibility of Goldrup’s testimony on two grounds: that his testimony included an improper hearsay statement, and that it included prejudicial statements about domestic violence. Nothing improper occurred.
Hearsay. Goldrup’s challenged testimony included this out-of-court statement: “[Al- Rhannai] stated that she had been abused by [al-]Maliki.” R. 97 at 15. But that statement was not offered to prove the truth of the matter asserted (that al-Maliki had in fact abused his wife); it was offered “for the limited purpose of explaining why [Goldrup’s] government[al] investigation” began. United States v. Martin, 897 F.2d 1368, 1371 (6th Cir. 1990) (collecting cases). Two conclusions follow: It is not hearsay, Fed. R. Evid. 801(c), and the government did not violate the Confrontation Clause, Crawford v. Washington, 541 U.S. 36, 59–60 n.9 (2004).
Middle Eastern stereotype. Goldrup’s testimony also included this statement: “You wouldn’t expect a law enforcement response” for spousal abuse in Syria because “it’s culturally understood [there] that a man has a right to beat his wife.” R. 97 at 53. That statement, taken in context, was both relevant and not unduly prejudicial. It was relevant because it rebutted al- Maliki’s attack on Goldrup’s credibility for not reporting the spousal abuse to Syrian authorities. United States v. Chance, 306 F.3d 356, 385 (6th Cir. 2002); see United States v. Segines, 17 F.3d 847, 856 (6th Cir. 1994).
Read in full here(pdf). Warning: Some graphic entries.
On February 6, 2012, the U.S. Embassy Damascus suspended operations and is not open for normal consular services.