Judge Slams Prosecutors, Dismisses Genital Mutation Charges
DETROIT: A judge dismissed a new batch of charges Tuesday in the government’s investigation of genital mutilation against girls in a Muslim sect, saying prosecutors in Detroit were being vindictive after major courtroom losses.
It’s another blow for the government, which broke new ground in 2017 when it charged a Detroit-area doctor with performing genital mutilation at a suburban clinic. The move was recognized as the first significant use of a federal law banning the practice.
The law, however, was declared unconstitutional in 2018 by U.S. District Judge Bernard Friedman, who said genital mutilation, known as FGM, was a matter for states, not Congress. The government didn’t appeal.
Friedman’s latest decision came months after prosecutors filed a new indictment, this time charging four people, including two doctors, with conspiracy, making false statements and witness tampering during the investigation.
The fourth indictment was “in retaliation for defendants past success in having other charges dismissed, Friedman said. “Such vindictive or retaliatory prosecution is a due process violation of the most basic sort.
The U.S. Attorney’s Office said it was reviewing Friedman’s decision.
Female genital mutilation, also known as female circumcision or cutting, has been condemned by the United Nations. But the practice is common for girls in parts of Asia, Africa and the Middle East.
Authorities alleged that mothers from Michigan, Illinois and Minnesota brought their girls to Dr. Jumana Nagarwala when they were roughly 7 years old for the procedure.
Nagarwala and others denied any crime was committed. She said she performed a religious custom on girls from her Muslim sect, the India-based Dawoodi Bohra.
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