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Separate Trials Denied For USF Duo

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By ELAINE SILVESTRINI, The Tampa Tribune

Published: November 30, 2007

TAMPA - A federal judge refused to order separate trials for two University of South Florida students accused of transporting explosives.

Youssef Megahed's lawyer filed a motion in U.S. District Court on Nov. 9 seeking to have his case severed from Ahmed Mohamed's. Both were charged with transporting explosives after their car was pulled over Aug. 4 in South Carolina.

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

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 also wrote, "Given the current post-9/11 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.

The prosecution opposed separate trials, saying the two cases were linked and speculation about possible prejudice did not justify severance.

"The implicit 'connection' between the videotape lessons and the 'explosive materials' which the defendants actually transported a short time after the production of that video well establishes that the charges contained in this indictment are part of the 'same series of acts or transactions,'" Jay Hoffer, an assistant federal prosecutor, wrote in a reply.

U.S. District Judge Steven D. Merryday issued a one-page order Thursday afternoon finding for the prosecution and denying the motion for separate trials.

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 much sooner than Mohamed's, and he doesn't want his son waiting behind bars. Both defendants are being held without bail.

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

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