US

Former doctoral student offered plea bargain

By Chen Weihua (China Daily)
Updated: 2010-07-26 14:32

NEW YORK - A former Chinese doctoral student in the United States must decide by Tuesday whether to accept a plea bargain or continue fighting charges that have mistakenly seen him branded a potential "terrorist".

Zhai Tiantian, a one-time student at the New Jersey-based Stevens Institute of Technology, was charged with making a "terroristic threat" for allegedly making a call threatening to burn down the school building.

The prosecutor has given him the opportunity to plead guilty to a lesser charge of "disorderly persons", which, while not a criminal offense, could still see him face up to six months in jail.

However, a terroristic threat is a felony and in addition to a criminal record Zhai could receive up to five years in jail.

Zhai's fate has become an international incident, with stories widely quoted by the Chinese news media. Some have described the case as racial discrimination and a flaw in the US justice system, while others said he deserves punishment.

In earlier reports, many news organizations confused making terroristic threats - a legal term for making verbal threats - with someone being charged as a terrorist.

Zhai, from Xi'an in Northwest China's Shaanxi province, was pursuing his doctoral degree at the Stevens Institute of Technology when the school suspended him on March 11. School officials described the suspension as a result of Zhai's major violations of the student code of conduct. But the school did not give details of the violations, citing privacy for students.

Zhai was arrested in mid-April after the school reported him to the police for threatening to burn down a school building in a phone call.

Hai Ming, the lawyer for Zhai's immigration case, said Zhai might face a three-month jail sentence even under the misdemeanor charge, but that would be considered served by the time he has already spent in jail.

So far, Zhai and his father have refused to accept any plea bargain and are insisting he be found innocent, Hai told China Daily. The lawyer was unsure if Zhai will change his mind before Tuesday, the deadline for a plea bargain.

"There was no proof (of what Zhai allegedly said)," Hai said.

In the meantime, the Department of Homeland Security might deport Zhai since his student visa was canceled three months ago.

Zhai did receive some good news last week when the prosecutor in Manhattan revoked a harassment charge. The charge was laid in March this year when a woman in New York reported Zhai for harassment to the New York Police Department.The immigration court will decide on July 29 whether to grant bail to Zhai.

But Hai believes a face-saving voluntary departure instead of a forced deportation is still possible, especially if he is granted bail next Thursday. Zhai has not objected to voluntary departure, according to Hai.

But if Zhai leaves the US voluntarily, it might mean he could never return because he will still be facing a criminal charge. Meanwhile, 26-year-old Zhai, who has received both his bachelor and Master's degrees at Stevens since he enrolled there in 2003, still hopes the court could clear his name.

He may sue the school and the prosecutor and demand compensation for what he went through. Yet Zhai still hopes to continue his doctoral studies in the US.

China Daily