He was born beneath a roof built by the hardships of life, to an Italian father who sold fruit in America, and who taught him how to become a sweet fruit in American society. Francesco, the beloved American judge, once smiled at the end of a medical treatment journey and said: “Happy days are coming again.” Yet illness gave him only a few days, before he departed to eternal happiness in the Kingdom of Heaven. Who does not know a judge famed for his noble rulings and noble heart? Whose Christian and humanitarian stances resounded—always siding with the weak, the poor, and the oppressed. He was a gentle judge, sympathetic to the sorrows poured out by those who stood accused. He entered people’s hearts through the widest of doors and dwelt there. He was a man with a vast soul, too expansive to be confined by the smallness of others. With the towel of law and mercy, he wiped the sweat of the brow of defendants who stood before his bench seeking pardon. He became a living example of Christ’s compassion. His scales weighed justice and love with the softness of a breeze. His verdicts carried tears, hope, and tender words like flowers: “The violation is forgiven… I know you did not mean it… please do not repeat it… go in peace, and may the Lord bless you.” Truly, he judged the accused in the court of love, speaking in a soft, fatherly voice—gentle as the tolling of church bells. In his videos, he often held the gavel not from its head but from the middle, as if to show neutrality. He once listened with compassion to a ninety-year-old father who wept as he explained that his traffic violation occurred while driving his sixty-year-old son to the hospital for a serious illness. Thus, mercy became the first and last command of his presence. In his courtroom, he served not only arguments but also humor and lightheartedness, until the worries of the accused melted away. Principles delighted him, but harshness in judgment did not. He was among those who lit up the darkness of life with humanity, stirring in us longing for solidarity, mercy, and love. He carried a lantern of light, fueled by the suns of kindness, planting merciful judgments in the garden of this world. The American bench is orphaned without you, Frank. You were its jewel, its fragrant rose of justice. On the day you departed, America’s sun dimmed, its courts lost their laughter. Strange is death, that it could persuade you to leave life forever! Why, dear Caprio, did you this time agree with illness to part from this world? The birds of America’s dawn wept, and none of your admirers understood why—until the sun itself told us: it followed after a merciful judge whose soul had soared to heaven. You left like a flash of light, draping the hearts of your beloved in black. Who, then, can dry their tears but prayers, candles of love, words of eulogy, and gavels of mercy echoing: “I do not want this world without you, Franco.” Rest in peace, O father of Marcia. May eternal mercy and peace be upon your pure soul. You were not only a judge, but a lawyer of noble character, pure-hearted, generous in smiles, human in solidarity, and defender of the oppressed—your mercy unmatched. You loved your profession and the people, and they returned your love even greater. In conclusion, I say: “Franco will remain a beacon of shining humanity. Like a lighthouse guiding ships through the seas of existence, no matter their shape, race, nation, or religion.” To the merciful judge I say: may all mercies be upon you, may God gladden you with eternal joy, and may your prayers remain with us. Amen.

FreeNasserAbdo.org

Pfc. Naser Abdo, 20, filed for conscientious objector status in June, claiming his faith and the military simply don't mix. The Texas native says he's endured harassment and discrimination due to his religious beliefs since joining the military last year.

A Muslim soldier from Texas who joined the U.S. Army last year now wants to leave the military, claiming he is a conscientious objector whose devotion to Islam has suffered since he took an oath to defend the United States against all enemies.
Pfc. Naser Abdo, a 20-year-old infantryman assigned to the 101st Airborne Division at Fort Campbell, Ky., filed for conscientious objector status in June because his faith and the military simply don't mix, he told FoxNews.com. The Army has deferred his scheduled deployment to Afghanistan.
"Islam is a peaceful religion, it's not a religion of warfare," Abdo said. "And it's not a religion of terror. As a Muslim, we stand against injustice, we stand against discrimination, and I feel it's my duty as an individual to do this."
Abdo, the Texas-born son of a Muslim father and a Christian mother, said his relatives and wife stand by his decision and that he will likely refuse to deploy if his application for CO status is denied.
"I was more faithful to God before I joined the military and that's what kind of stirred me," he said. Military duties have really consumed every part of my day and did not allow me time to involve myself with the Islamic community to maintain what duties I felt that I owed God. This is really what made me come to the conclusion that I'm not ready to die....
"I knew that if I went to Afghanistan and, God forbid, something were to happen, that my faith was so weak that I wouldn't be admitted into heaven….
"The conclusion I came to is that I can't participate in the U.S. military, including any war it's involved in or any war it will be involved in in the future," he said.
Fort Campbell spokeswoman Kelly DeWitt said Abdo's deployment has been deferred, but according to Army regulations he may be deployed to Afghanistan at any time like other members of his unit.
"The Army recognizes that even in our all-volunteer force, a soldier's moral, ethical or religious beliefs may change over time," an Army statement read. "The Army and Fort Campbell has procedures in place for soldiers who declare themselves to be conscientious objectors and who apply for conscientious objector status."
According to documents obtained by The Associated Press, Abdo cited Islamic scholars and verses from the Koran as reasons to seek separation from the Army.
"I realized through further reflection that God did not give legitimacy to the war in Afghanistan, Iraq or any war the U.S. Army would conceivably participate in," he wrote.
J.E. McNeill, an attorney and executive director of the Center on Conscience and War, a Washington-based group that defends the rights of conscientious objectors, said it's difficult to predict the chances that Abdo's application will be approved. But on the surface, she said, it appears Abdo's case meets the standard for conscientious objector status.
"What he has to show is that he's opposed to war in any form," she said. "So the question is, is he opposed to any war or is he opposed to [Iraq and Afghanistan]?"
Applications for conscientious objectors -- defined by Army Regulation 600-43 as a person who is "sincerely opposed, because of religious or deeply held moral or ethical (not political, philosophical, or sociological) beliefs, to participating in war in any form" -- can take up to six months to process. Approval rates in the Army over the last seven years have averaged 58 percent. Across all U.S. military branches, 53 percent of conscientious objector status applications were approved from 2002 through 2006.
Of the 1.4 million enlisted U.S. military personnel as of Sept. 30, 2009, less than half of 1 percent identified themselves as Muslim, according to military statistics, and roughly the same rate of U.S. Army soldiers identified themselves as Muslim. Religious affiliation for military personnel currently serving in Iraq or Afghanistan was not available since servicemembers are not required to disclose that information.
Citing Army regulations, Abdo's attorney, James Branum, said Abdo will be interviewed by a chaplain and a psychologist prior to an informal hearing with an investigating officer, who will recommend whether to approve or deny the application.
If the claim is denied, Branum said Abdo could re-file with new evidence; seek to take the matter to a federal civilian court; refuse to deploy or drop the matter altogether. He acknowledged that Abdo could go to jail if he refuses to obey orders to deploy.
"We're trying to avoid that kind of showdown," Branum told FoxNews.com. "At this moment, Abdo is in a place where he's not going to violate his conscience."
Branum said he's received a "fair number" of emails regarding Abdo's case, some of which he said included death threats against the soldier and suggestions that his citizenship be revoked.
Abdo, for his part, said he has endured harassment, discrimination and intimidation due to his religious beliefs since joining the military, particularly during basic training at Fort Benning in Georgia. He also claimed to be the target of "resentment" from fellow soldiers due to his prayer schedule.
"Some of them would say I hate Jews, some of them even asked me, 'Would you kill your own family? Are you sure you're not on the wrong side?'" Abdo said. "It was daily. It was daily for sure."
A website detailing Abdo's situation has resulted in roughly 15 donations totaling about $250 for his legal defense. He's also received dozens of messages protesting his decision, which he said were "disgusting and hateful."
"You make me sick," read one message. "You make everyone I know sick."
Another message read: "I am not sure why you joined the Army to begin with, but as an Army Wife here at Fort Campbell, KY, I wouldn't want someone like you deploying with MY husband. It's good to stand by your religion and beliefs and I would be lying if I said I understood what they are, because I don't."
Abdo said he understands the dissension.
"By no means am I expecting a standing ovation," he said.