German Judge Frees 9/11 Suspect, Citing New Evidence

New York Times ^ | December 11, 2003 | DESMOND BUTLER

[anymouse]

BERLIN, Dec. 11 — A judge surprised a Hamburg courtroom today by ordering the release of a Moroccan man accused of aiding the Sept. 11 hijackers, after the German police said they had seen evidence that a witness had testified to American interrogators that only four people from the Hamburg cell knew of the attack.

The man who was freed, Abdelghani Mzoudi, had been on trial on charges of being an accessory in the deaths of more than 3,000 people in the attacks in the United States.

But Judge Klaus Ruehle expressed doubt today that the defendant had knowledge of the attacks. "There is the serious possibility that Mzoudi, despite his involvement and his visit to Afghanistan, was deliberately excluded from planning for the attacks and did not consciously provide a supportive role," the judge said, according to Reuters.

By implication, the judge's decision also raised questions about the conviction of another man in the case, Mounir el-Motassadeq, who was sentenced this year to 15 years after being convicted of similar charges.

After Judge Ruehle's action to free Mr. Mzoudi, Mr. Motassadeq's lawyers immediately filed papers seeking his release and renewed their appeal of his conviction.

"This is a bombshell," said Hans Leistritz, who represented Mr. Motassadeq at his trial.

The new evidence concerned testimony of an unidentified witness who was said to have asserted that only four members of the Qaeda cell that planned and carried out the attacks had advance knowledge of them. This witness identified those four as three of the four suicide-hijacking pilots and an associate of Ramzi bin al-Shibh, who has been described by the American authorities as a central figure in the logistics of the Sept. 11 plotting.

A prosecutor told the courtroom that by a process of elimination, the unidentified witness must be Mr. bin al-Shibh, who was arrested in Pakistan a year after the attacks and remains in American custody.

Judge Ruehle said the new evidence raised sufficient doubt that Mr. Mzoudi was aware that his actions as described by prosecutors were in support of a terrorist attack.

German prosecutors indicted Mr. Mzoudi in May on charges of 3,066 counts of accessory to murder in connection with the 9/11 attacks. He denied the charges.

Mr. Motassadeq, a former roommate of Mr. Mzoudi's, began serving his 15-year sentence on similar charges in February after the Hamburg court convicted him of 3,066 counts of accessory to murder, and of playing a crucial logistical role for the members of Al Qaeda who ultimately succeeded in ramming passenger planes into the World Trade Center and the Pentagon and crashing an airliner in rural Pennsylvania.

[anymouse]

So much for German justice.

Absolutely no Iraq contracts for Germany!

[Sacajaweau]

Headline should probably be: Threats to cowardlt German Judge results in release of terrorist.

[BurbankKarl]

Judge must own stock in German companies not getting business in Iraq.

[af_vet_1981]

A German judge is now complicit with the terrorists who used German soil to attack the United States.

[Eowyn-of-Rohan]

New evidence? Or revenge for being cut out of the Iraq rebuilding deal...

[pepsionice]

My guess is that the evidence against the suspect is not concrete. German judges have a great deal of power...and I suspect this guy looked at the case, the evidence presented...and knew he had to release the guy.

But on the positive side...we know where the suspect lives...and I'm sure he will be completely safe on the streets of Germany. My bet...within 3 months...this dude disappears. The Germans will search for him...but nothing will come up. Someone will simply take care of the problem. And I'm sure that the US will put out the word that this guy blabbed alot to the Germans....so the Muslims may want to fix their problem.

[Diogenesis]

Germany supports terrorists. Surprised?

[N8VTXNinWV]

Ring-a-ling, hear them sing..... soon it will be CHRISTmas day!!

:o)

[blackdog]

Make a terrorist broke. Set him or her free after a detainment long enough to glean information(even if none is gleaned).

Then tail him, tap him, monitor any bank accounts, and let him lead you to the pack. Not much good keeping some low level dolt in lock-up when his actions on the street will be far more useful.

[My back yard]

If that be true, you have to wonder at the logic, as the biggest threat to said business companies is terrorism.

[technomage]

Headline should read:

Germans Release Terrorist With Ties to 911 In Retaliation For Being Barred From Iraq Reconstruction.

[Polybius]

My bet...within 3 months...this dude disappears. The Germans will search for him...but nothing will come up. Someone will simply take care of the problem.

Bull!

As in Gerald.

[1st-P-In-The-Pod]

I agree with you. The timing is just too perfect.

[oceanview]

released to where? The CIA should hit this guy.

[Teacher317]

judge surprised a Hamburg courtroom today by ordering the release of a Moroccan man accused of aiding the Sept. 11 hijackers, after the German police said they had seen evidence that a witness had testified to American interrogators that only four people from the Hamburg cell knew of the attack.
But Judge Klaus Ruehle expressed doubt today that the defendant had knowledge of the attacks. "There is the serious possibility that Mzoudi, despite his involvement and his visit to Afghanistan, was deliberately excluded from planning for the attacks and did not consciously provide a supportive role," the judge said, according to Reuters.

He releases prisoners based on possibilities raised by the single statement of an "unidentified witness"?!? YOW!!

[Michael81Dus]

Sure he has to release because of serious possibilities. You know the saying "in dubius pro reo"? Every suspect is unguilty unless his guilt is proven. Seems as if there´s not enough evidence to keep him in jail!

[BurbankKarl]

I was hoping they would put him in the cell with the cannibal!

[BurbankKarl]

I don't think many Europeans didn't sleep well after 9/11.

>>>If that be true, you have to wonder at the logic, as the biggest threat to said business companies is terrorism.

[Michael81Dus]

Judges in Germany are not political, not elected, they are independant and must not follow orders from anybody. The only foundation of their decisions is the codified law. It happens that this trial takes place these days. It´s not the judges fault that the US have released their eligible-for-contracts-list.

[Polybius]

"....of an unidentified witness who was said to have asserted that only four members of the Qaeda cell that planned and carried out the attacks had advance knowledge of them." .....Original article.

Every suspect is unguilty unless his guilt is proven. Seems as if there´s not enough evidence to keep him in jail!

It has been admitted in this article that the man was a member of the al Qaeda terror cell.

His only defense is that, since he was not in the "need to know loop" for this particular attack, he had no knowledge of this particular attack.

So, it seems that, in Germany, it is perfectly legal to belong to a terrorist cell, actively work for a terrorist cell and actively assist a terrorist cell just as long as you follow Dicta Schultz:

"I Know Nothing! I See Nothing! I Hear Nothing!"