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Attorney Argues Megahed Should Be Tried Separately From Mohamed, Who Faces Additional Charge

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: November 9, 2007

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TAMPA – A University of South Florida student charged with illegally transporting explosives wants his case to be tried separately from a fellow student, who also is accused of trying to help terrorists.

An attorney for Youssef Megahed, 21, filed a motion in U.S. District Court today seeking to have his case severed from Ahmed Mohamed's. Both were charged with transporting explosives after their car was pulled over in South Carolina on Aug. 4 in South Carolina.

But Mohamed also was charged with trying to help terrorists by teaching or demonstrating the use of explosives. Authorities say Mohamed acknowledged posting on the Web site YouTube a video in which he showed how to use a remote-controlled toy to detonate a bomb.

Megahed's father, Samir, has said he wants his son's case tried separately from Mohamed's because he doesn't want his son tied to the terrorism accusations. He also said his son's case will be ready for trial a lot quicker than Mohamed's, and he doesn't want his son having to stay behind bars waiting. Both defendants are being held without bail.

In arguing to keep Megahed behind bars, a federal prosecutor pointed out that the video was discovered on Mohamed's laptop computer, which deputies saw Megahed trying to stow when the men were pulled over in a motor vehicle stop. The computer also contained jihadi images, including rockets being fired, the prosecutor said.

In his motion to separate the cases, Assistant Federal Public Defender Adam B. Allen argued, "To not grant a severance of defendants would result in reversible prejudice to Mr. Youssef Samir Megahed because he would run the high risk of being found guilty merely by association with defendant Mohamed."

Allen maintained that in prosecuting the terrorism-related charge against Mohamed, the government "will be required to present highly inflammatory evidence" to prove Mohamed's actions were aimed at helping terrorists.

"Given the current post-911 climate and this country's current entrenchment in the Iraq War, any terrorist-related evidence is highly prejudicial and will result in an unfair trial" for Megahed, Allen wrote.

Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com.

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