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Mohamed And Megahed Will Be Tried Separately
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Published: April 21, 2008
Updated: 04/21/2008 12:31 pm
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TAMPA - A judge has severed the federal trials of two former University of South Florida students whose legal battle began after their car was pulled over by deputies in South Carolina.
A judge made the decision this morning in U.S. District Court after the two defendants, Ahmed Mohamed and Youssef Megahed, entered not guilty pleas today before a different judge during their arraignment on charges handed up last week.
The new seven-count indictment adds terrorism and weapons charges against Mohamed. It also includes a new charge against Mohamed and Megahed relating to devices found in the trunk of their car when they were arrested Aug. 4 in South Carolina.
The new indictment replaced a two-count indictment handed up in 2007.
Megahed's trial is now scheduled to start May 5 and Mohamed's July 7 under the ruling by Judge Steven Merryday.
The two defendants appeared together this morning to enter their pleas.
A half-hour later in another courtroom, the men were not present when their attorneys disagreed on when trial should begin.
Megahed and Mohamed had been scheduled to go on trial April 28 on a charge of illegally transporting explosives.
Megahed's attorney asked to proceed as scheduled. Mohamed's attorney said she needed more time due to the new indictment. Assistant U.S. Attorney Jay Hoffer, meanwhile, asked for two to three more weeks before a trial begins.
Merryday said it was in the best interest of all to sever the trials. All sides, including the U.S. Attorney's Office, which is prosecuting the case, ultimately agreed.
Samir Megahed, Megahed's father, welcomed the decision.
"I'm very happy," Samir Megahed said afterward. "My son is innocent. … Everyone in this building now knows that my son is innocent."
Megahed's attorney, Adam Allen, also said afterward that he was pleased. When asked to comment on his client's trial being severed, he said, "That's what we've been asking for."
Megahed's brother, Yahia, said the severance is good because the additional charges Mohamed faces could potentially taint a jury.
Mohamed's separate trial will include a charge that he tried to help terrorists by posting on the Internet a video in which he showed how to use a remote-controlled toy to detonate a bomb.
Mohamed's attorneys declined to comment today, as did his family.
Experts say the new indictment shows the prosecution trying to ensure success at trial by offering jurors alternative avenues to convict the men.
Some of the new charges against Mohamed are similar to a charge lodged against another former USF student, Karim Moussaoui, who recently was convicted of possessing a firearm in violation of his student visa.
The charge, which carries a maximum penalty of 10 years in prison, relates to an incident in which Moussaoui visited a Tampa firing range with Megahed and held a gun for 2½ minutes, posing for pictures.
Prosecutors have alleged that Mohamed, who is also on a student visa, visited the same firing range on another date in July.
Megahed is a legal, permanent resident and is allowed to possess a firearm.
Reporter Josh Poltilove can be reached at jpoltilove@tampatrib.com or (813) 259-7691. Reporter Elaine Silvestrini can be reached at esilvestrini@tampatrib.com or (813) 259-7837.
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