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Fitzgibbons Tapped For Explosives Case Defense

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 3, 2007

Updated: 10/03/2007 04:40 pm

Youssef Megahed / Ahmed Mohamed

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Related Story: Explosives Case Puts 'Big Stress' On Megahed's Family

TAMPA - The Egyptian government is negotiating to hire high-profile lawyer John Fitzgibbons to represent a University of South Florida student charged with trying to help terrorists, Fitzgibbons told a federal judge today.

A former federal prosecutor whose clients have included an "American Idol" contestant and a teacher accused of having sex with a student, Fitzgibbons was in court at what was supposed to be the arraignment of Ahmed Mohamed and fellow student, Youssef Megahed.

John Fitzgibbons

The two Egyptian citizens are charged with transporting explosives. Megahed, who was represented by public defender Adam Allen, pleaded not guilty to the charge.

But Fitzgibbons persuaded Magistrate Mark Pizzo to delay Mohamed's arraignment until his representation deal is finalized. Lawyers often hesitate to formally enter cases in federal court until financial arrangements are made final, because once they officially represent a client, federal judges do not let them out of the case, even if the client is not paying for their services.

Pizzo delayed Mohamed's arraignment until Oct. 17. Fitzgibbons said if he is representing Mohamed, he will send the court a written waiver of Mohamed's presence and enter a not-guilty plea by mail, meaning there would not be a hearing.

Pizzo also directed that a trial for both defendants be placed on the December trial calendar of U.S. District Judge Steven D. Merryday. But Fitzgibbons later told reporters he thinks a December trial is "unlikely," given the large amount of evidence in the case.

Both defendants, who previously sported beards, were clean-shaven for today's hearing. Fitzgibbons cautioned reporters not to read anything into that.

The lawyer wouldn't comment on specifics of the case, but said, "There's always two sides to every story. That's why we have trials and that's why we have juries to evaluate evidence."

Both Megahed and Mohamed are being held without bail. Magistrate Elizabeth Jenkins ruled that Megahed could be released on $200,000 bail under strict conditions. But prosecutors are appealing that ruling, arguing Megahed is a danger to the community and will likely flee if released.

Merryday scheduled a Friday hearing to consider the issue of Megahed's bond.

The pair were arrested in South Carolina on Aug. 4 after they were pulled over for speeding and deputies said they found explosives in their trunk. Federal authorities say investigators seized Mohamed's laptop, which was in the car, and found "jihadi" images.

They also said they found a video Mohamed acknowledged making and posting on the Web site YouTube. On the video, the prosecution says, Mohamed showed how to use a remote-controlled toy to detonate a bomb. This is the basis for a charge that Mohamed tried to help terrorists by demonstrating the use of explosives.

Mohamed's visit to the United States on a student visa was sponsored by the Egyptian government. His father is a high-ranking official in the government agency that oversees subways.

Fitzgibbons said it's not unusual that the Egyptian government is paying for Mohamed's defense. "The Egyptian government stands by their people, as we do," he said. "It's part of the process."

Megahed is a legal permanent resident of the United States and has lived here since he was a young child. The Egyptians are not underwriting his defense. Megahed is represented by Adam Allen, who supervises the Tampa office of the federal public defender, as well as James Wesley Smith III, who is relatively new to the local federal public defender's office. Allen recently successfully defended a Serbian immigrant who was accused of lying on immigration papers about his service in the Serbian army.

Megahed's former attorney in South Carolina, Andrew Savage, said he recommended that the Egyptian government consider hiring Fitzgibbons. Savage said he got to know Fitzgibbons because they are both representing defendants in a large-scale white-collar fraud case being tried in federal court in South Carolina.

"He has a terrific background," Savage said of Fitzgibbons. "He's been around the block many times and he's got an excellent reputation. … I was personally very impressed with his abilities. ... He's smart; he's savvy; he has good client control, good client relations. He can express those views both inside and outside the courtroom. ... This is a tough case [involving] going into the lion's den where you have a lot of people who have prejudged his client. He's the type of guy who can turn that around."

Some of Fitzgibbons' Cases:

*2007: Representing former "American Idol" contestant Jessica Sierra against charges of felony battery and possession of cocaine. Sierra's prosecution has been postponed for a month or two while she completes treatment in a rehabilitation center.

*2006: Represented Hillsborough County Sheriff's Office Deputy Charles "C.D." Maye on charges of using law enforcement computers to help his friend stalk and terrorize women. Maye was found guilty and sentenced to prison for eight years.

*2005: Represented the former chairman of USF's psychiatry department, Anthony John Reading, on charges he groped a former patient. Reading pleaded no contest and relinquished his medical license.

*2005: Represented Hooters co-founder, Lynn "L.D." Stewart against federal tax evasion charges. Jury deadlocked and a mistrial was declared.

*2004: Fitzgibbons began representing former middle school teacher Debra Lafave on sexual battery charges. Lafave is serving three years of house arrest and then will serve seven years of probation.

*2004: Represented restaurant owner Lawrence Storer on manslaughter charges for using his sport utility vehicle to run down a man who tried to rob him. The man died. Jury acquitted Storer in 2006.

*2003: Represented Plant City pediatrician George Rada on first-degree murder charges in the shooting death of his wife in their driveway. Rada was found guilty in 2004.

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

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