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Verdict in German 9-11 Trial: Guilty - 15 years for first 9/11 accused
Wednesday, February 19, 2003

Posted on 02/19/2003 4:46:44 AM PST by JohnHuang2

Edited on 02/19/2003 4:59:15 AM PST by Admin Moderator. [history]

HAMBURG, Germany --A Moroccan man accused of aiding the September 11 suicide hijackers has been jailed for 15 years in the first trial of a suspect in the plot to attack the United States.

Mounir el Motassadeq, a 28-year-old electrical engineering student, was found guilty of being an accessory to 3,045 murders in New York and Washington and being member of a terrorist organisation.

CNN's Matthew Chance said the 15-year sentence was the maximum the court could impose under German law.

Prosecutors alleged he provided logistical support for the Hamburg al Qaeda cell that included lead hijacker Mohamed Atta, who piloted one of the two airliners that crashed into the World Trade Center.

Police blocked off the street in front of the Hamburg courthouse on Wednesday morning as dozens of journalists queued for tight security screening to enter the building.

El Motassadeq consistently denied the charges during his three-and-a-half-month trial and his lawyers were seeking an acquittal from the five-judge panel.

During the trial the defendant acknowledged he knew the six other alleged members of the Hamburg cell -- Atta plus two other pilots of the airliners, Ziad Jarrah and Marwan al-Shehhi; and logisticians Ramzi Binalshibh, Said Bahaji and Zakariya Essabar. But he said he knew nothing of their plans.

"I couldn't believe that people I knew could do something like that," el Motassadeq said in his closing statement last week. "I watched it on television and I was shocked... I can only hope that something like September 11 never happens again."

But witnesses testified that el Motassadeq, a slight, bearded man, was as radical as the rest of the group, talking of jihad -- holy war -- and his hatred of Israel and the United States.

The defendant himself admitted training in a camp run by Osama bin Laden -- the al Qaeda chief alleged by the U.S. to be the mastermind of the September 11 attacks -- in Afghanistan in 2000.

Prosecutors alleged el Motassadeq used his power of attorney over al-Shehhi's bank account to pay rent, tuition and utility bills, allowing the plotters to keep up the appearance of being normal students in Germany.

El Motassadeq argued he was simply providing an innocent service to friends and that he took weapons training in Afghanistan because he believed all Muslims should learn to shoot.

The defence tried several times unsuccessfully to obtain testimony by two of el Motassadeq's friends, Ramzi Binalshibh and Mohammed Haydar Zammar -- a lack of evidence that the lawyers say could be grounds for an appeal in case of a guilty verdict.

Binalshibh, a Yemeni suspect in U.S. custody, is believed to have been the Hamburg cell's key contact with al Qaeda. Zammar, an alleged al Qaeda recruiter in Hamburg, is in prison in Syria.

The court failed to get the men released to testify and German authorities refused to turn over their files on the two, saying transcripts of their interrogations were provided to them on condition they only be used for intelligence purposes.

Motassadeq, a member of a middle-class family, came to Germany in 1993 to study. By 1995, he was studying electrical engineering in Hamburg, where he is believed to have first met Atta no later than the following year.

Lawyers representing Americans who lost family members on September 11 had said they would appeal if el Motassadeq did not receive close to the maximum sentence. Family members are allowed to be co-plaintiffs under German law.

A journalist who observed the trial for CNN said the prosecution's job had made more difficult because of the circumstantial nature of the evidence. But there were some dramatic moments.

"Especially telling was the testimony of a witness who accused him of having said all Jews should burn and we will dance on their grave," said Sebastian Fastenau.

Family members of American victims became co-plaintiffs and testified in court, including Stephen Push, who lost his his wife in the September 11 attack on New York.

"One of the most disturbing things about the case was the discovery that the German authorities knew much about this al Qaeda cell years prior to the September 11 attack," he told CNN. "Just like the authorities in the United States -- the FBI and CIA -- they were aware of some of these individuals, have been tracking them and yet were not able to connect the dots, were not able to use that information to prevent the attacks."

Some lawyers had seen the trial as a test case for future al Qaeda prosecutions.

The trial did expose the difficulties of proving al Qaeda membership. What distinguishes a "terrorist organisation" from a criminal group and what constitutes membership?

"The legal demands set are very high. You need to show there is a hierarchical structure, that it had a purpose and continued for some time," German federal prosecutors told Reuters.

-- CNN Berlin Bureau Chief Stephanie Halasz contributed to this report


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To: Catspaw
Well, I on the other hand, do blame Germany for their court system. Much too lenient. Here, he likely would have received the death sentence and deserved it!
21 posted on 02/19/2003 5:34:18 AM PST by OldPossum
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To: OldPossum
Article 1 Basic Law for the Federal Republic of Germany: "The dignity of every human is untouchable." According to our highest Court, that does also mean, that all life-long-prisoners have the right to get free once. The Court said, the term should usually be no longer than 15 years. If the convicted poses to be a threat for the society, he may stay life-long in a mental hospital. That´s all we can do. The death penalty is abolished.
22 posted on 02/19/2003 5:38:03 AM PST by Michael81Dus (You have (had) G. Bush, J. Cash, B. Hope & S. Wonder - we have Schröder: no cash, no hope, no wonder)
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To: OldPossum
Then we can blame our court system for failing to give John Walker Lindh a long enough sentence for fighting with the Taliban against the US. I wasn't satisfied with that sentence and I'm not satisfied with this sentence.

Fact is, there is no sentence harsh enough to satisfy me, no matter what the court system or the country. Nothing can atone for the murders of over 3000 people.

23 posted on 02/19/2003 5:54:38 AM PST by Catspaw
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To: JohnHuang2
Hmmm, 1.8 days per person. I guess life in Germany is pretty cheap since WWII. Another reason to get our people out of the land of lederhosen.
24 posted on 02/19/2003 6:19:08 AM PST by SpinyNorman
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Comment #25 Removed by Moderator

To: anniegetyourgun
Judge Andrew Napalitano on Foxnews said in the US the same crime would have gotten him a minimum of life in prison and he would have possibly faced the death penalty. In Europe it gets you a slap on the wrist and the admiration of European leftists.
26 posted on 02/19/2003 6:43:48 AM PST by Thane_Banquo
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To: Technoir
I´d like to see him hanging, too. But of course, and especially as a student of law, I respect our system of justice.

Best regards
Michael from Düsseldorf, Germany
27 posted on 02/19/2003 6:46:07 AM PST by Michael81Dus (You have (had) G. Bush, J. Cash, B. Hope & S. Wonder - we have Schröder: no cash, no hope, no wonder)
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To: Michael81Dus
I respect our system of justice.

What system of justice?

28 posted on 02/19/2003 6:48:18 AM PST by mewzilla
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To: Lunatic Fringe
Would he have gotten 30 years for murdering 6,000?

29 posted on 02/19/2003 6:56:50 AM PST by Uncle Miltie (Islamofascism sucks!)
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To: Michael81Dus
But of course, and especially as a student of law, I respect our system of justice.

It warrants respect in proportion to the justice delivered.

(With 15 years for 3,045 murders, it deserves less respect than Rodney Dangerfield.)

30 posted on 02/19/2003 6:58:02 AM PST by PBRSTREETGANG
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To: Technoir
# 25 But i am sure some of you would like to see him hang on a rope, right?

Would it be quick ? Humane ? Then no I wouldn't be for hanging.

What WOULD be appropriate though, would be to impale him on a 6"-8" diameter pointed log... slowly, very, very slowly.

31 posted on 02/19/2003 6:58:28 AM PST by freepersup (And this expectation will not disappoint us.)
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To: JohnHuang2
15 Year for 3,000 murdered.

That works out to 1 day and 20 hours for each murdered person.

32 posted on 02/19/2003 6:58:30 AM PST by Uncle Miltie (Islamofascism sucks!)
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Comment #33 Removed by Moderator

To: Brad Cloven
No, the maximum penalty for accessory to murder is 15 years.
34 posted on 02/19/2003 6:59:01 AM PST by Michael81Dus (You have (had) G. Bush, J. Cash, B. Hope & S. Wonder - we have Schröder: no cash, no hope, no wonder)
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To: PBRSTREETGANG
Our justice is not only built on revenge. The society also tries to reintegrate the offender.
35 posted on 02/19/2003 7:00:15 AM PST by Michael81Dus (You have (had) G. Bush, J. Cash, B. Hope & S. Wonder - we have Schröder: no cash, no hope, no wonder)
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To: Technoir
They'll go to jail or go to Hell. I'm not picky. And any we lock up, won't be getting out. Don't like it? Tough.
36 posted on 02/19/2003 7:02:01 AM PST by mewzilla
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To: Michael81Dus
Re-integrate mass murders...Uh huh.
37 posted on 02/19/2003 7:03:11 AM PST by mewzilla
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To: mewzilla
It´s not a daily event to convict mass-murderers. Our laws are not only made for mass-murderers. Imagine the guy called A who has heard that another man (B) wants to kill his evil boss C. A offers to give B his car to kill C by a car accident. B is guilty of murder (at least manslaughter), A is guilty of accessory to murder (manslaughter) - would you give A more than 15 years in prison??
38 posted on 02/19/2003 7:07:07 AM PST by Michael81Dus (You have (had) G. Bush, J. Cash, B. Hope & S. Wonder - we have Schröder: no cash, no hope, no wonder)
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Comment #39 Removed by Moderator

To: Michael81Dus
No, the maximum penalty for accessory to murder is 15 years.

Here in the US, a 15-year sentence usually translates to maybe 5 years behind bars, once time off for good behavior and parole are taken into account. I expect it's roughly the same in Germany, maybe even better for the criminal, am I right?

I'm also guessing that a legion of left-wing lawyers and activists will be swinging into action in Germany now, working pro bono to appeal this guy's senetence and get him out of prison. Given Schroeder's actions, these people will probably have his tacit support.

40 posted on 02/19/2003 7:13:36 AM PST by CFC__VRWC
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