"It's my opinion that he's being prosecuted more for the use of malicious words than criminal behavior," DiLorenzo said of Dalal. "Malicious words aren't criminal acts."
Bergen County Prosecutor John Molinelli has characterized Dalal as an instigator in the January firebombings, allegedly carried out by then-19-year-old Graziano. Molinelli has said Graziano was motivated by "anti-Jewish animus, a bias against them; an intent to harm them." He has not given a motive for Dalal's alleged actions.
Prosecutors say Graziano and Dalal were childhood friends who grew up in the North Jersey borough of Lodi.
Graziano has pleaded not guilty to charges including nine counts of attempted murder. He initially was held on $5 million bail, but that was reduced by a judge to $2.5 million. Dalal, who was enrolled last semester at Rutgers University, is also being held on $2.5 million bail.
On the morning of Jan. 3, authorities responded to a fire at Congregation K'Hal Adath Jeshurun in Paramus, after members smelled gas in the building. Fire and police officials determined an accelerant had been used in the rear of the building to start a fire. The fire had quickly burned itself out, and no injuries were reported.
Eight days later, police said Molotov cocktails were thrown at Congregation Beth El in Rutherford, igniting a fire in the second-floor bedroom of Rabbi Nosson Schuman's residence. The rabbi, his wife, five children, and his parents were asleep at the time and escaped serious injury.
A few days after Graziano's Jan. 24 arrest, authorities found Molotov cocktails made from glass beer bottles that they said they were able to trace to Graziano, in a wooded area about 100 yards from the Paramus Jewish Community Center.
DiLorenzo said Monday that Dalal had been in New Hampshire volunteering with the Ron Paul campaign at the time of the attacks and could not have participated.
He acknowledged that prosecutors have alleged that Dalal was present for incidents that took place in the weeks leading up to the firebombings, when police said anti-Semitic graffiti was discovered at synagogues in Hackensack and Maywood.
"Mere presence at the scene of a crime is not a crime," DiLorenzo said.