when your house has good a fire. you try to stop the fire. >> you just told me that everything that happened to them was okay. you are a sick individual. >> was it an honor killing? here in america? >> this is a case about a man committing these horrific crimes all in the name of his sense of honor. >> what would the jury decide? >> our system was being tested on whether multiculturalism would wen or whether equal treatment before the law would win. >> do you think the jury got it wrong? >> fox news reporting. a question of honor. from new york, here is bill hemmer. >> honor. in america the word suggests is a personal code of fair play. honesty. respect for others. but honor can mean something slightly different, too. in some cultures honor can be more about a tamly's reputation and sometimes if that family oner is tarnished by, say, a

daughter refusing an arranged marriage or dressing immodestly the consequences for her can be dire. an honor killing is when a husband, father or brother actually murders a wife, daughter or sister over such imagined family shame. years agorgeous the up u.n. found that honor killings were all too common in islamic lands. are they now happening here and is america prepared to confront that possibility? the story of young nora from peoria, arizona whose life was snuffed out by her own father will make you wonder. >> many may have lock looked upon it as a domestic violence case when it is much more complex. >> anybody who is in prison for killing a child or killing a loved one are all those honor killings? i don't think so. >> it is an old cliche that homicide detectives use but our victims can't talk. that is my job to tell the

story of what happened. >> the story of what happened to nura al-maliki begins as a modern immigrant tale. she was born in 1989 in southern iraq. her parents were shiite muslims a denomination violently opposed by saddam hussein's regime. in 1991, though, they found a way out. >> like hundreds of other iraqi shi'ites, her father surrendered to the invading american army during desert storm and asked for asylum. it was granted to h him, his wife, daughter and son. the al-maliki family first settled in dearborn, michigan. he got a job as a truck driver. in 2002 they moved to arizona near phoenix. there, she struggled to balance her parent's old world ways with her desire to be a typical

american high school teenager. >> imi know she didn't get along with her family but she would always be like they are not bad people. >> saundra became friends with her junior year. >> a bit conservative with the clothes. she didn't want to wear this much clothes and she was like it is in my culture not to show as much skin as you would. >> she wrote about that in an entry in her high school yearbook. >> she had said my parents are religious but only about some things. american have certain rules to live by and we can't do some things. i have american ways but i still folium some of the traditional rules. >> how would you say that most arab girls make the transition from a life in the middle east to a new life in the united states? >> some of the assimilation problems is that parents especially are used to having complete control over their children for a lot longer time than we understand this in

america. and there is a clash. >> dr. jasser's immigrant tale is similar to the al-maliki's. in 1967 his parents left syria for ohio where he was born. they settled in wisconsin where he attended medical school on a navy scholarship. after 9/11 he founded the american islamic forum for democracy and is now perhaps the most forceful muslim critic of radical islam not united states. now, living outside phoenix, arizona, he has followed the al-maliki case from the very beginning. >> she was dating. she decided she wanted to make her own choices so she was starting to act outside that box of iraqi cultural constriction that her family wanted h her to be in. >> in the middle of noor's senior year she suddenly disappeared from school. sandra was shocked when she discovered why. >> someone came up to me and was like you won't believe this

noor was just sent to iraq to get married. >> a marriage arranged by her parents and people in iraq. noor told friends when she returned. >> i was like then are you technically married and she is like no, not really i never agreed to any of it. they had the ceremony without me. >> what happened in iraq is still a mystery. what is clear is that it was the first step on a path to tragedy. may 6, 2008. peoria police officer vanessia steadman arrived at this local park after receiving a call about an accident. >> when i arrived on the scene i did see a vehicle. >> steadman says she found fallah al-maliki next to his damaged carnd he claimed his daughter noor had stolen and crashed it after they argued about her marriage in iraq. >> he found a graph o photograf noor posing with two men and he

was upset because she was already married in iraq. >> later that day, noor appeared. she told me that her father paid a good amount of money to her cousin's family to have them mary and he was angry with h her because she would not be following through those plans. >> that was a beg warning sign says dr. jasser. >> if he thought she was married. >> she was committing adultery. >> that would be dishonor. >> yes. >> in march of 2009 according to police reports noor's mother kicked noor out of the house and filed an order of protection against her. she claimed noor yelled and hit her. so noor moved in with family friend ahmal and began dating her son. they like the al-maliki's were also iraq refugees. in fact, the two families first met back in dearborn, michigan. they moved to arizona and when

the al-maliki's followed they moved in her for awhile. investigators learned in recent years fallah and is a home had a falling out with her because they thought she was too linent with her kids. july 20, 2009, a 911 called placed from her house. a police officer responds. >> mr. al-maliki was in the front yard with his wife demanding to see his daughter and started talking about how he was angry with her becoming tooer withized and he began to tell us that his family law was higher than our state law. >> his family law higher than state law. bauer was stunned by that. as well as by what al-maliki would say next. >> he said that he would be willing to spend the rest of his life in prison rather than have his daughter continue to disgrace him. and that -- you don't hear that every day from parents. >> he he is telling the police officer that my law is above

this country's law. >> that interaction is a huge part of the evidence that this was an honor killing. >> fox news reporting. a question of honor continues after the break.

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in recent years fox news has reported on a number of apparent attacks here in

america by muslim women by men in their families. what the killers seem to want is control. ultramalt control. the victims are not just the women killed but all of the other wives, daughters and sisters who fear what will happen if they do not submit. was noor al-maliki one of them? noor was helping with her benefits and texting a friend while she waited. suddenly at 1:18 p.m. she september this message. dude, so scary. i'm with my aunt at the welfare place and guess who walks in, my dad. i'm so shaky. >> noor gets pigged back. >> did he see you? >> noor responds i don't think

so his fat is right by the door to i can't even leave. i'm laughing like a crazy person. i hate when this happens to me. >> her friend haness. oh are, dear, that is awkward. what is up with your parents anyways. he hoyt they were getting on good terms. >> noor replies my dad is a manipulative . bleep, i never >> he left the welfare office first and noor and amal finished just before 2:00 p.m. amal would testify that she locked h h her key in the car and while her son drove over with a spare she and noor walked over for a cold drink. they never made it. >> 911 emergency? >> i'm standing at 8990 west peoria avenue at the des office in the parking lot. i just saw two people run over

by an suv. >> the peoria police officers arrived first at the grisly scene. >> i contact the the young fee e-mail and she was having a hard time breathing and blood was coming out of her mouth. >> that was noor. >> the second victim was right about here. she was screaming and crying. i ask the her if she knew who had done this and she said malicka. >> amal in excruciating pain from numerous fractures told offy ers who did this. chris bowie arrived at the scene. >> initially it was thought that it could have been an accident. but quickly we learned it was an intentional act. >> they had walked out of the welfare office and were headed to a restaurant across the parking lot. detective bowie says as they he reached the landscape divider his jeep hit the two women,

jumped the curb, drove down the sidewalk and out of the lot. while the crime scene was being processed, bowie paid a visit to the home. >> the door was answered by ali, his oldest son. eventually he told me that he received a phone call from his father. >> when i asked him what he and his father discussed, he wasn't able to recall. >> noor's mother was at work in california. according to police, her job was teaching u.s. troops about arab culture before deployment to the middle east. detective bill lang reached her by phone and recorded the conversation. it has never been broadcast before and it it is chilling. >> this is detective bill lang of the peoria police department. i'm calling in reference to your husband.

>> the lieutenant overseeing the case was so concerned for noor's safety in the hospital he called this man. >> he said something about an honor killing. he wanted to know what is an honor killing. >> he sits on the muslim police advisory board of arizona. >> he says there is this iraqi immigrant trying to kill his daughter. they were afraid that somebody, his son or a relative will go and finish the job. >> he was at the time the chairman for the arizona chapter of care, council on american islamic relations. i interviewed him long distance. >> the police were that interested there could be he further harm brought to her. >> correct. i met the family and tried to convince the mother it is best

interest for the father to surrender. >> we received absolutely no assistance cooperation, help in any way from any of the family members in this investigation. >> while noor lies unconscious near death in a hospital bed they didn't want to do anything to help her out. >> this is cbs five news. >> four days after the hit-and-run his sister clinging to life, alial-malecki gave an interview to the local news and seemed to defend what his daughter did to noor. >> she is going out of h her way being disrespectful. different cultures different values one thing to one culture is not going to make sense to another culture. >> he is saying you can live in all outward appearances as an american but you something deep inside is so profoundly different that we would regard it as legitimate to kill a girl

who dishonors our culture. >> mark stein is an author and syndicated columnist based in new hampshire. writes in a no holds barred fashion about what he sees as the spread of radical islam and the decline of the west. he says honor killings in america are a sign of both. >> this isn't just one isolated crime. this is something that is now happening with distressing frequency in the heart of the western world. >> it is migrated into germany and scandinavia and the united kingdom and canada and into the united states, too. >> the search for faleh al-malecki took an international turn. next, police catch up with faleh al-malecki and put him through a grueling interrogation. interrogation. did he confess to an honor [ jim koch ] what do fresh flowers, bourbon barrels,

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>> as part of this report we tried to interview noor al-malecki's family. her mother, brother, cousin, any one who could tell us what she was like. the things that made her happy. her life's aspirations. no one would talk to us. investigators tell us one way honor violence differs from other kinds of domestic violence is that the family often sides with the attacker not his victim. in peoria, arizona, police claim that is what happened as they tried to capture faleh al-malecki who had fled to europe by way of mexico. >> faleh spent two to three days in nogales. he took a bus from nogales to

mexico and took a plan plane to mexico city and from mexico city flew to london. >> and when they ran al-malecki's passport they found an american are warrant for his arrest. within days he was flying back to the u.s. accompanied by federal marshalls. he landed in arizona. police depth detectives were there waiting. they interrogated him in this room at the airport. >> this case wasn't a who done it. my biggest interest was to find out why this happened. >> and to try and get al-malecki to confess to purposely running down noor and amal. >> i think you are trying to do the right thing, i understand. what happens more often is that

good people like yourself get into a situation and for a split second in their lives they make a very bad decision and i know this was not an accident. >> i will not believe you suddenly lose control of your car. no, you pointed at both of them and you struck them. >> when we first started talking to him he said it was just an accident. we didn't believe him at all. >> so balson played good cop. >> were you trying to scare them? >> yes. trust me, sir. i'm not trying to kill my daughter. >> if you weren't trying to kill her, were you treeing to hit them? >> trying to scare my daughter and that is all. >> why were you trying to scare your daughter.

>> when i saw her, i got mad and i -- >> then bowie raised the question of honor. >> he conceded maybe i tried to scare her but hen conceded that he did mean to hit them. we move from an accident to something that he intended to do. >> the interrogation which would later play a big role in al-malecki's trial lasted for two hours. after it was over, al-malecki

waived extradition and was put on a plane to phoenix. meanwhile, seham was allowed to visit her daughter with hospital security present. on november 2, 2009 doctors pronounced noor clinically brain dead. with her mother's consent noor was pulled off life support. >> it call will be recorded and none i tored. >> while in this arizona jail faleh al-malecki made a series of phone calls to his wife. husband and wife were told their conversations were being recorded. even still those tapes reenforced investigators' belief that they were dealing with an honor killing.

neither the mother nor the father thinks they did anything wrong to noor al-malecki. >> they think noor al-malecki is better off in paradise dispatched there by her father than living as an american woman. >> she did not take the right path. >> you couldn't bear it. i know you couldn't bear it. nobody is like you. >> they also talked about faleh's legal defense. >> who is this lawyer? what is his name? where is he from? is he arab? >> no, not arab. he is a jew. >> a jew. in. >> yes. >> check with arabs as well. if there is a loophole in the subject you know, plans, tribalism, something like that,

the jews know of it. >> they are assimilated enough to understand this is a legalistic society and it is all about the loopholes. >> see if there is a loophole or something. >> i hope we can say what do you have it a psychological problem. >> no, i didn't tell them i have a psychological problem. does it help? >> yes, it helps a lot. tell them i'm tired and feel nervous. i am always suffering from this condition. tell them i got tired in iraq, okay? this will help a great deal, okay. at one point al-malecki who came to the u.s. after speaking asylum spoke as though he was america's political prisoner. >> i tell you let them protest as brothers all carry posters in front of consultate and write signs about iraqi's honor and what i don't know. i'm not a criminal. i didn't kill someone from the

streets. i didn't assault. i'm not a thief. i'm not. you understand? >> yes. >> and an iraqi without honor is nothing. >> do you think it was an honor kill? >> muhammad you remember is the former arizona cair chairman who met with the wife and son right after he ran his daughter down. >> i think he wanted to scare her because he was angry because at the moment of rage. >> he does concede that honor killings do occur in tribal cultures throughout the islamic world. but he denies they are a big problem here in america. >> these are very isolated incidents that it happens now and then like just like every other crime. >> how does he explain all that talk about honor in those jailhouse phone calls between mr. and mrs. al-malecki? >> i think they thought if they go with honor killing that

might get out of jail like they do back home. >> so they thought the courts would be easier on them because of a culture from another part of the world? >> yes. we have seen some of the places that they will be more lenient if it is an honor killing or something like that. >> but that is quite stunning in itself to think that somebody in america could think they could get a lighter sentence because they labeled it an honor killing? >> people do stupid things every day. >> but what would a jury think? a question of honor continues after the break. does your phone give you all day battery life ?

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intent on sending a message far beyond that courtroom. >> what kind of human being kills their own daughter over honor? >> laura record has prosecuted her share of murder cases. but this one was different. >> from the beginning you labeled this an honor killing. >> the defendant labeled it an honor killing. if you look at h his jail calls. if you look at what his son said. >> and record intended to make the jury confront that issue. in her mind, record would succeed only in the jury returned a verdict of first-degree murder. that meant the killing was premeditated, premeditated by a man driven by a sense of shame and dishonor. even if the jury convicted al-malecki on the less serious charge of second-degree murder or even manslaughter it would be a devastating loss for record and a victo victory for

al-malecki and his public defenders. >> lane, one of the founding fathers of this country thomas jefferson has been quoted assaying nobody can acquire honor by doing what is wrong. >> january 24, 2011. prosecutor record made her opening argument to the jury. as al-malecki the accused listened to an arabic translation. >> this is a case about a man, the defendant who committed these horrific and oh so wrong crimes all in the name of his sense of honor. >> by presenting the case as an honor killing, record arguably made the job easier for the defense team. >> ladies and gentlemen, this is the father of noor. >> if they could convince even one member of the jury to reject that motive, al-malecki

would almost certainly be acquitted of first-degree murder and avoid a life sentence. >> it is common for iraqi men to no longer be called by their first name when they have a child but to take the name of their child. >> with al-malecki sobbing in the background one of his attorneys elizabeth mullens told the jury that what happened in the des parking lot was an accident. >> he goes up on the median and runs over a tree. he looks out. noor. noor my baby is lying there. >> two vastly different accounts of what happened. who would the jury believe? >> the prosecution's first witness was charles cooper who worked at the welfare office and said he saw al-malecki rundown noor and amal and then drive off. standing in front of a blown up picture of the parking lot, cooper was questioned by stephanie low, record's

cocounsel. >> can you tell us what you saw then? >> two females exited the building and then the screech of the tires and a cracking and breaking and then the lady hits the ground. >> then bystander tearily recounted how she rushed to noor's aid immediately after she was h hit. >> i pushed the hair out of her face and i held her hand. >> the defense then challenged the witnesses' recollection on cross-examination. >> i asked you a question about the vehicle being angled or not angled. do you recall me asking about that? >> not directly, no. >> their objective, to dispel any inference that al-malecki was lying in wait for his daughter and amal. >> i must have misspoke. >> no, no, no, no. >> one eye wet necessar eyewite

did not quay, noor's friend who survived the crash. the judge would not let us show her face as she testified through a transa later that al-malecki did not lose control but steered his jeep right at his daughter. >> did you see him turn the wheel toward noor? >> yes, yes. >> why did he do it? >> record played for the jury the entire two hour interrogation of al-malecki at the atlanta airport. it included this stunning exchange that record believes shows this was an honor killing. >> i know i got a reaction when i told you people are helping you. i think there are people out there in your family and probably yourself that think what happened to noor was okay. >> let me ask a question. when your house has got a fire and like just part of the house got fire and we try to stop the fire. >> when you ran over your

daughter were you trying to burn the whole house down or put out a small part of the fire? >> no, we try to take care of the fire. >> is noor the small fire. what you are saying is noor is the small fire and you are trying to put it out so it doesn't ruin the rest of the family. >> yes, because if i get in trouble might be that the family is done. >> what you are saying is if you sacrifice one small portion of the familiar le you are saving the rest of the family. >> i don't know about this my family or my friends they tried to help me because i -- i'm in trouble. >> what does he mean by that. >> he is talking about his daughter. >> the fire was a metaphor. >> yes. about his own daughter. >> noor is not the fire. he is the fire. he is the one in trouble. >> assistant public defender would tell the jury record got it exactly wrong. >> his family is helping him.

>> on cross, he also went after the detective who intimate gaited their client. >> during the course of the two hour interview you he told you 15 times that it was an accident. >> if you counted them i will take that as -- >> that he lost control 11 times. >> okay. >> he maintains it is an accident. , correct? >> yes, and no. >> then the defense went right at the heart of the prosecution's theory that this was a premeditated honor killing. he accused boughie of making up that whole idea. >> you gave him this it was honor because you you knew something about his culture, right? >> yes. >> and then the prosecution countered with the two police officers who responded to the prior incidents involving noor and her father. >> he told me that he would rather spend the rest of h his

fly jail than have his daughter continue to disgrace his family. he believed that his family law was higher than our law you. >> finally, the detective returned to the stand to read the translation of the jailhouse phone calls al-malecki had made to his wife. using al-malecki's own words against him. no one hits his daughter but honor is dear. >> when you hear a piece of evidence leak that, is there any doubt in your mind that you have this defendant nailed? >> no doubt. this was clearly a premeditated murder. >> now, it was the defense's turn. >> is this an honor killing? >> i'm not so sure. >> and what happened next would stun many in the courtroom. fox news reporting a question of honor, continues after the break. journey across america, i found new ways to tell people about saving money.

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faleh al-malecki sat silent as the prosecution presented its case. after the state rested the judge asked if al-malecki would take the stand in his own defense. >> is your client going to testify, counsel? >> he has chosen not to testify

today. >> without calling a single witness the defense rested? >> counsel, are you prepared to give closing argument? >> in closing argument the prosecution pounded away at the premeditated honor killing theme insisting it was the jury's duty to return a guilty verdict of first-degree murder, not second-degree or even man absolute. manslaughter. >> that the defendant, intend, wanted and desired to eraise noor from his life and this earth and all in the name of honor. >> when you made your closing arguments did you think i have got this case sewn up? >> i never have that level of confidence but i he knew i had some jurors in our pocket. >> did faleh intend to hurt any one? >> no. al-malecki's lawyer argued this was not a premeditated honor

killing and at most h his client was guilty of manslaughter because he intended to drive close enough to his daughter noor to spit on her. >> she is not scared of him harming her. she thinks he is going to do something else, spit, embarrass, call her a name. >> deliberations begin. day one. no verdict. day two. they are still deliberating. day three. nothing. what were you thinking then? >> by that point i was afraid they were going to come back manslaughter. i was that concerned. >> on the fourth day of deliberations the jury reached a verdict. >> we the jury dually impanelled and formed in the above entitled action upon our oath do find the defendant as to count one first-degree murder a domestic violence offense as to victim noor faleh haul not guilt. we find the defendant as to

count one second degree murder guilty. >> in other words, the jury did not agree that this was a premeditated murder. it was not an honor killing. a tee feet fo defeat for the p. for the injuries suffered by the family friend the jury found al-malecki guilty of aggravated assault and guilty of two counts of leaving the scene of a serious accident. record believed she had failed noor. >> i truly felt i had failed her at that point. >> you did? >> i did. i did. >> do you think the jury got it wrong? >> yes. i do. and i'm not going to say i respect their opinion, respect their verdict. >> what did you vote initially? >> i initially voted

first-degree murder. >> you thought this was premeditated. >> jeff was the jury foreman. >> how many of the others in the jury room agreed with you. >> i think it was about six and six on murder one versus couldn't agree with murder one. >> why did you flip. >> in order to get a verdict out. went to step down to see if we could come to a resolution on a lesser charge. >> did the issue of honor killing come up in your deliberations. >> the jury pool was split on whether he was angry at his daughter and he just saw her and in his anger killed her or if it was for honor. >> but in your view did honor have neglect to do with it? >> i'm not sure. >> our system was being tested on whether multiculturalism would win or whether justice and equal treatment before the law would win. >> then the system you believe clearly failed? >> yeah. >> this jury had mercy on him. >> more than just mercy on him. they were sort of having mercy

on another culture and that is going to erode our society in the end. >> but this case was not over yet. faleh al-malecki would finally address the court and the judge would address the question of honor. some constipation medications can take control of you. break free. with miralax. it's clinically proven to relieve constipation and soften stool with no harsh side effects. just gentle predictable relief. miralax. [ roger ] tell me you have good insurance. yup, i've got... [ kyle with voice of dennis ] ...allstate. really? i was afraid you'd have some cut-rate policy. [ kyle ] nope, i've got... [ kyle with voice of dennis ] ...the allstate value plan. it's their most affordable car insurance --

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the news is full of stories of people who killed their wives or children. scott peterson, susan smith, andrea yates just to name a few. was the murder of noor al-malecki any different? the judge had preceasely that question on his mind as noor's father begged him for mercy. >> i wish i was dead and not

her. i'm sorry, noor. >> then the judge addressed head on the issue that hung over his courtroom from day one. >> to say this is an honor killing is deeply, deeply, deeply wrong. this has nothing to do with honor. this has to do with one man driven out of hatred to kill his own daughter because it suited his purpose. >> what do you stay to the phone calls from jail where he said honor is precious? >> nothing is better than honor. >> i think it sensationalizes what is nothing more than a parent killing a child. i'm not saying that because he was from iraq that he may not have had some belief that it was an honor are killing but i think in the final analysis what it does is gives him

vindication to call it an honor killing and it dishonors the victim. >> the judge sentenced 50-year-old al-malecki to 34.5 prison for his crimes, ton for killing noor, injuring amal and receiving the scene of a serious accident. >> because my wrath will be nothing compared to the wrath of god if you don't ask for forgiveness. >> but others who have been asking tough questions about radical islam think the judge's reasoning wig begs this questi. >> why is he unwilling to confront what it is that actually happen. >> a judge in an honor killing in pakistan would simply say yeah, your daughter was getting a little out of hand so you killed her, what happened. okay, case dismissed. we are not at that stage in the united states but in a sense he is doing what the pakistani judge is doing.

dishonoring the memory of the murder victim. >> he is going away tore a long time. >> we are sending a consistent message here that that is not in the interests of america as a whole and it is certainly not in the interests of young women like noor al-malecki. >> that is the message that we are sending. you know. >> prosecutor records still insists noor al-malecki was the victim of an honor killing but the fact she was not able to convince a jury of that has not stopped her. just the opposite. she has been invited across the country to talk about a practice she fears is taking hold in america. >> what brings you to new york city. >> seven weeks after the sentencing we caught up with her in new york where she was addressing a conference on the growing number of honor killings by muslim men here in america and the west. >> i remember we when we spoke in phoenix you said you believe you had failed.

>> yes. >> do you still feel that way? >> i do. i feel like we failed noor by not getting the first-degree murder conviction. >> why does she move you so much? >> because she was abandoned and she had so much potential. and to see her whole family turn against her for this ridiculous notion of honor. >> how often do you think about noor? >> every day. >> that is our program. i'm bill hemmer. thanks for watching fox news captioned by closed captioning services, inc. [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going. go for olympic gold and go to college too. [ male announcer ] every day we help students earn their bachelor's or master's degree for tomorrow's careers.

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