Posted on 11/12/2002 1:13:26 PM PST by singletrack
YEMEN ATTACK Second CIA victim may be from here By DAN HERBECK News Staff Reporter 11/12/2002
Authorities are investigating the possibility that a second former Lackawanna man was killed by a Central Intelligence Agency missile attack targeting suspected terrorists in Yemen on Nov. 3. Emphasizing that no official confirmation has been received, police officials told The Buffalo News on Monday they now are checking reports that both Jaber Elbaneh and Kamal Derwish were among those who died in a missile attack near Sana, Yemen.
Elbaneh and Derwish are former Lackawanna residents who were described as "uncharged co-conspirators" in a case involving six other local men who are accused of forming a sleeper cell for the al-Qaida terrorist network.
For several days, law enforcement officials have been saying that they believe Derwish, 29, was one of those killed in the Nov. 3 missile strike. Over the weekend, local relatives confirmed his death.
Monday, officials added that they also are investigating the possibility that the 36-year-old Elbaneh was in the group.
"We're still awaiting official confirmation on whether one or more of the men who died in the missile attack were suspects in our case in Lackawanna," said U.S. Attorney Michael A. Battle. "I'm not releasing any names . . . At this point, I don't have any official identifications on any of those who died."
Authorities said they hope DNA testing will help them determine the identities of six suspected al-Qaida operatives who were killed in the CIA attack in Yemen. Battle said he hopes to hear some official word "within the next few days."
The uncertainty over the fates of Derwish and Elbaneh has made the past week a difficult time for their friends and family members in Lackawanna.
"It puts us in a very difficult situation. People keep asking us what we've heard, and we don't have anything official," said Mohamed Albanna, vice president of the American Muslim Council of Western New York. "We now have an attorney who is trying to get some information for us from the FBI."
Albanna is Elbaneh's uncle. He said family members in Lackawanna believe Elbaneh is in Yemen but have not heard anything from him in months.
"He's my nephew, and I've heard absolutely nothing from him for a long time," Albanna said. "I'm worried about him. He's got a wife and about seven kids. He still has a lot of family here . . . We don't have a clue about what happened to him."
Elbaneh's relatives told The News in September that it was their understanding Elbaneh was renting a house in Sana, Yemen's capital, and working as a taxi driver. They said he moved his family to Yemen last year so his children could learn more about Islam.
Erie County property records show that Elbaneh sold two houses in Lackawanna last year for a total of $35,000.
Although federal prosecutors have never publicly identified Derwish and Elbaneh by name, they are alleged to have been part of a group of eight Lackawanna men who traveled to Pakistan last year and then traveled on to an al-Qaida training camp in Afghanistan.
The six suspects who are being held in local jails on charges of providing material support to al-Qaida are Shafal Mosed, 24; Yahya Goba, 25; Sahim Alwan, 29; Yasein Taher, 24; Faysal Galab, 26; and Mukhtar al-Bahri, 22. All have pleaded not guilty.
Derwish, identified by associates in Lackawanna as a close friend of Elbaneh's, is alleged to have led the group.
"They all went to Pakistan, and the two who never came back are Derwish and Elbaneh," said one Lackawanna man who knows the group.
U.S. intelligence officials considered it a major strike against terrorism when an unmanned CIA Predator aircraft fired a missile that destroyed a car filled with alleged terrorists on Nov. 3. Authorities believe Qaed Salim Sinan al-Harethi, who was alleged to be al-Qaida's chief operative in Yemen, was among the six men who were killed.
Officials are trying to determine whether Derwish or Elbaneh - or both - was among the companions of al-Harethi.
Of the six being held in local jails, only Alwan is eligible to be released on bail. U.S. Magistrate Judge H. Kenneth Schroeder Jr. ruled on Oct. 8 that Alwan could be released if friends and family members put up $600,000 bail.
As of late Monday, Alwan still had not been released, and his attorney said it could be several more days before the bail arrangements are finalized.
"I hope we can have him released this week," attorney James P. Harrington said. "We still have some issues to iron out, mostly involving the valuations of property that is being put up by various people."
About 20 friends and family members of Alwan agreed to put up cash, homes, businesses and other personal property as collateral for the $600,000 bail, Harrington said. Before Alwan can be released, court officials have to be assured of the value and ownership of all the property.
Harrington also is working with the court's pretrial services office on other issues, including the question of who will pay for the extensive monitoring of the suspect, who will be confined to his Lackawanna home.
"I'm not one who would ever be shy about criticizing the government, but I don't think we have a case here of the government trying to delay (Alwan's) release," Harrington said. "It's an unusual situation, with 20 different people putting up property and a lot of details to work out. I don't see the government doing anything improper here."
e-mail: dherbeck@buffnews.com
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