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Prosecution's Appeal Likely To Delay Megahed Trial(Monks Corner SC WOT Explosives in Vehicle Update)
Tampa Bay Online ^ | May 2, 2008 | Elaine Silvestrini

Posted on 05/06/2008 7:11:40 PM PDT by khnyny

TAMPA – The explosives trial of a former University of South Florida student will likely be put on hold after prosecutors appealed a judge's evidence ruling this afternoon.

A judge ruled today that prosecutors may not use certain evidence in the trial, which had been scheduled to start Monday, of a former University of South Florida student accused of transporting explosives.

Ruling in the case of Youssef Megahed, Judge Steven D. Merryday said prosecutors had missed a court deadline for sharing evidence with the defense and barred the government from using files taken from the Megahed family home computer.

Late today, prosecutors filed a notice of appeal, meaning the trial will likely be put on hold. Merryday has said he may consider releasing Megahed on bond if his trial is postponed, but it was not clear yet whether that will happen.

One of Megahed's public defenders, Adam Allen, said he was frustrated by the prosecution's appeal. "Justice delayed is justice denied," he said. "We want our day in court."

The prosecution hopes to use 36 files it described in court papers as containing "images of a number of improvised explosive device attacks against military forces in the Middle East. One such video shows the explosion of a military vehicle and then depicts the damaged parts of that vehicle strewn across the roadside. Close-up shots depict parts of what appears to be the military vehicle, with English writing on it and information printed on the damaged pieces to reflect their manufacture in the United States."

Other videos show "the firing of Qassam-style rockets in what appears to be the Middle East, with audio and written text that extols their use," according to the prosecution.

Merryday said he had no reason to conclude that prosecutors had acted in bad faith, but...

(Excerpt) Read more at 2.tbo.com ...


TOPICS: Crime/Corruption; Front Page News; News/Current Events; War on Terror
KEYWORDS: goosecreek; megahed; mohamed; monkscorner; wot
So...the judge rules that the computer evidence is "inadmissable"...
1 posted on 05/06/2008 7:11:41 PM PDT by khnyny
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To: Cindy; Velveeta; Iowa Granny; SE Mom; Carolinamom

~~PING


2 posted on 05/06/2008 7:13:16 PM PDT by STARWISE (They (Dims) think of this WOT as Bush's war, not America's war-RichardMiniter, respected OBL author)
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To: khnyny

Megahed - What a name.


3 posted on 05/06/2008 7:13:59 PM PDT by neodad (USS Vincennes (CG 49) "Checkmate Cruiser")
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To: STARWISE

http://michellemalkin.com/2008/04/16/goose-creek-update-new-charges-new-indictment/

Good article outlining additional charges against these bozos by the feds. Only problem is, the laywers are trying to get all of the computer evidence thrown out as they say that the FBI seized computers without proper authority.

Legal games back and forth. The other interesting factor is that the Egyptian Embassy (IIRC) is paying for the legal bills for the defendents or is involved in some way.


4 posted on 05/06/2008 7:20:46 PM PDT by khnyny (Hillary is the national equivalent of Tracy Flick)
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To: STARWISE

Some tidbits found on the computer. No wonder the defense team wants it thrown out.

“The deputies placed the two men under arrest.

Inside the passenger compartment of the Toyota was a laptop computer with a file on its hard drive called “Bomb Shock.” The file contained information about homemade explosives. Recent Internet searches on the computer had included the words “martyrdom,” “Hamas,” and “Qassam rockets.”

But in addition, authorities found a 12-minute video on the computer that featured Mohamed. (Although his face could not be seen, Mohamed later admitted it was him.) In the video, he explains and demonstrates how to use components taken from a remote-controlled toy car to make a detonator for improvised explosive devices.

During the demonstration, Mohamed specifically mentions that the same components can also be found in a remote-controlled toy boat.

On the video, Mohamed says in Arabic, “Instead of the brethren going to carry out martyrdom operations ... he can use the explosion tools from distance and preserve his life, God willing, ... for the real battles.”

Mohamed later admitted to the FBI that he made the video at his Tampa residence and intended it for Muslims overseas who are defending their lands against infidel invaders, a description, he said, that included U.S. troops.

Two days after Mohamed and Megahed’s arrests, FBI agents searched Megahed’s home in Tampa. Inside the home they found a remote-controlled toy boat still in its box and a partially dismantled digital watch. According to an FBI affidavit, “Digital watches have often been used in the past as timing devices for homemade bombs.”

An FBI test of the material found inside the PVC pipe revealed it was an explosive mixture of potassium nitrate, cat litter and corn syrup.

A federal grand jury handed down a two-count indictment Aug. 31 that charged both men with illegally transporting explosives across state lines. The grand jury also hit Mohamed with the terrorism-related charge of distributing information about building and using an explosive device.”

http://www.canadafreepress.com/index.php/article/1431


5 posted on 05/06/2008 7:36:35 PM PDT by khnyny (Hillary is the national equivalent of Tracy Flick)
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To: girlangler

Ping!


6 posted on 05/06/2008 7:42:48 PM PDT by MizSterious (God bless the Texas Rangers for freeing women & children from sexual slavery and abuse.)
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To: khnyny
Why did the prosecution miss the discovery deadline?

That's a cardinal sin for a prosecutor.

I should know. I used to be one.

7 posted on 05/06/2008 8:16:12 PM PDT by CWW (Make the most of the loss, and regroup for 2008!!)
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To: khnyny

Just waiting on all the FR posters who defended these guys.

After the story initially broke, several FR posters continually posted that most of us lived in Fantasyland to think these two were planning a terrorist act.


8 posted on 05/06/2008 8:31:53 PM PDT by Tex Pete (Obama for Change: from our pockets, our piggy banks, and our couch cushions!)
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To: khnyny
Merryday, Steven Douglas
Born 1950 in Palatka, FL

Federal Judicial Service:
Judge, U. S. District Court, Middle District of Florida
Nominated by George H.W. Bush on September 23, 1991, to a new seat created by 104 Stat. 5089; Confirmed by the Senate on February 6, 1992, and received commission on February 10, 1992.

Education:
University of Florida, B.A., 1972

University of Florida College of Law, J.D., 1975

Professional Career:
Private practice, Tampa, Florida, 1975-1992

Race or Ethnicity: White

Gender: Male

9 posted on 05/06/2008 8:34:39 PM PDT by SmithL (Reject Obama's Half-Vast Wright-Wing Conspiracy)
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To: CWW

Good question about the deadline. I don’t know.

From what I understand, the bigger issue is whether the computers were confiscated legally and; therefore, if any of the evidence on the computers is even admissable. Imho, the whole context of the case being made for possible terrorism hinges on the computer evidence. It is crucial.


10 posted on 05/06/2008 8:41:17 PM PDT by khnyny (Hillary is the national equivalent of Tracy Flick)
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To: SmithL
Thanks for the info. I have a question for anyone: if this happened in Goosecreek, SC, why is the trial in Tampa? IIRC, the defendants are from the Tampa area.
11 posted on 05/06/2008 8:47:19 PM PDT by khnyny (Hillary is the national equivalent of Tracy Flick)
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To: Tex Pete
After the story initially broke, several FR posters continually posted that most of us lived in Fantasyland to think these two were planning a terrorist act.

In answer to your statement - I find that most people are naive. In the perp's own words:

"On the video, Mohamed says in Arabic, “Instead of the brethren going to carry out martyrdom operations ... he can use the explosion tools from distance and preserve his life, God willing, ... for the real battles.”

Mohamed later admitted to the FBI that he made the video at his Tampa residence and intended it for Muslims overseas who are defending their lands against infidel invaders, a description, he said, that included U.S. troops."


12 posted on 05/06/2008 8:51:57 PM PDT by khnyny (Hillary is the national equivalent of Tracy Flick)
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To: All

Hmm, I’m sure that the FBI and/or prosecutors would never intentionally f up a case. Would they?


13 posted on 05/06/2008 9:24:52 PM PDT by khnyny (Hillary is the national equivalent of Tracy Flick)
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To: SC Swamp Fox; upchuck

Megahed Ping


14 posted on 05/07/2008 7:30:58 AM PDT by visualops (artlife.us . nature photography desktop wallpapers)
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To: visualops; 2A Patriot; 2nd amendment mama; 4everontheRight; 77Jimmy; Abbeville Conservative; ...
Merryday has said he may consider releasing Megahed on bond if his trial is postponed

Release him in Florence.....Please.

South Carolina Ping

Add me to the list. | Remove me from the list.

15 posted on 05/07/2008 7:48:46 PM PDT by SC Swamp Fox (Join our Folding@Home team (Team# 36120) keyword: folding)
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To: SC Swamp Fox

Megadittoes!!!!!!!!!!!!!!!! We could give them a real SC welcome.


16 posted on 05/08/2008 3:46:22 AM PDT by doosee
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