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Published: April 28, 2008
TAMPA – Prosecutors want to use military videos seized from Youssef Megahed's family computer in his trial next week on explosives charges.
The defense, however, has filed motions asking that the evidence be barred and that prosecutors be punished for violating a court order regarding notifying the defense of its evidence.
Megahed was arrested Aug. 4 in South Carolina, along with Ahmed Mohamed when their car was pulled over in a motor vehicle stop. At the time, both were students at the University of South Florida. Authorities said deputies found explosive devices in their car trunk, and both later were indicted on federal explosives charges.
Mohamed also was charged with trying 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 is scheduled to have a separate trial in July.
Until now, all the video evidence disclosed by prosecutors has been against Mohamed.
Now, according to a new defense filing, the FBI searched computers seized from the Megahed family home, and prosecutors plan to use videos investigators found of improvised explosive devices being used against military vehicles and military rockets being launched. The audio on these videos is in the Arabic language, the defense filing states.
Megahed's attorneys argue that the search of the computers was illegal because it was done without a warrant. The FBI asked Megahed to consent to his family home being searched, but he refused, the motion states. Then agents contacted Megahed's parents, and they consented to the search, but were told agents were looking for explosive materials, not computers, the motion states.
The Megaheds withdrew their consent the same day the FBI searched the computers, the motion states. Then the prosecution, which had the evidence since January, only recently notified the defense, according to a defense filing.
Reporter Elaine Silvestrini can be reached at (813) 259-7837 or esilvestrini@tampatrib.com
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