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Defense's Take On FBI Explosives Report Called Flawed

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By CHRIS ECHEGARAY and ELAINE SILVESTRINI

The Tampa Tribune

Published: February 4, 2008

TAMPA - A federal prosecutor says a defense attorney's review of an FBI report on two suspended University South Florida students is flawed, according to court papers filed today.

In a response to Youssef Megahed's motion, prosecutor Jay Hoffer writes that Megahed's attorney's review of the "nature and meaning of the evidence as to the contents of the auto" is flawed.

Megahed's attorney, Assistant Federal Public Defender Adam Allen, claimed that the FBI report shows that a "harmless pyrotechnic mixture" was found in the trunk of a car that Megahed and Ahmed Mohamed were in. Allen is seeking bail for Megahed.

Hoffer wrote in his motion that he opposes consideration for bail. Hoffer states Allen mischaracterized the report and that the FBI lab described the items in the trunk as dangerous depending on their use and their surroundings.

The two were arrested Aug. 4 in South Carolina after deputies found what they described as explosives in the trunk of their car. They've been held without bail and charged with illegally transporting explosives.

Mohamed also has been charged with trying to help terrosists by posting a video showing how to use a remote control toy to detonate a bomb.

Meanwhile, Allen is citing comments made on TBO.com coverage as a reason potential jurors need to be carefully screened before Megahed and Mohamed go on trial.

One TBO.com reader called Megahed a "fricken' terrorist."

That person and another said they wanted to be on his jury so they could hang him.

The trial is scheduled for March.

Allen has asked that potential jurors be given questionnaires similar to those distributed in the trial of Sami Al-Arian. Allen wrote in his earlier motion that he fears his client will not be able to get a fair trial in Tampa. Today, Allen filed a supplemental motion citing the TBO comments and submitting his proposed questions for jurors.

"These readers' responses justify the need for a jury questionnaire in the present case because they show that strong opinions have already been formed by potential members of the jury pool as to the guilt or innocence of the defendants," Allen wrote. "Additionally, these responses show that potential jury pool members are likely to be more candid in their opinions when given the opportunity to express those opinions anonymously and in writing."

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

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