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VIP Lawyer Allowed To Quit Explosives Case
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Published: January 14, 2008
Updated: 01/14/2008 05:58 pm
TAMPA - Lawyer John Fitzgibbons no longer has to represent Ahmed Mohamed, a U.S. magistrate ruled Monday.
Mohamed, a former University of South Florida student, faces charges that he tried to help terrorists. Pizzo's decision came after a long rant, in open court, by Mohamed. He accused Fitzgibbons of providing shoddy legal help for big bucks and accused a high-ranking Egyptian government official of stealing money earmarked for his defense.
Egyptian officials contacted by The Tampa Tribune said no money is missing.
"You had excellent counsel who was representing you," U.S. Magistrate Mark Pizzo told Mohamed. "You made a choice not to get along with him. The consequences are yours."
Outside the courthouse, Fitzgibbons said he was glad to be off the case.
"It's going from the weird to the bizarre," Fitzgibbons said. "Now, he's accusing Egyptian government officials of stealing money. You can see what I've been dealing with."
As Monday's hearing started, Fitzgibbons said he no longer felt he could defend Mohamed. When the two would meet, he said, Mohamed would not communicate, instead placing his head on the table and praying in Arabic.
Fitzgibbons said he received a nonrefundable $500,000 retainer from the Egyptian government to take the case to trial. He said he has very accurate records that will show he has earned $100,000 to $200,000 of that money. Over the next several days, he said, he would tally his billable hours and refund the remainder.
Pizzo asked Mohamed whether he still wanted Fitzgibbons to represent him. Mohamed said he couldn't answer the question. When the magistrate asked again, Mohamed said he worried for his father's safety if he gave a direct answer.
The Ministry of Higher Education in Egypt paid $750,000 to hire a lawyer, he said. If he asks the judge to remove Fitzgibbons, he said, his father in Egypt would be liable for the money. He said Ashraf Salama, a counselor in Egypt's U.S. embassy, told him this.
Mohamed said Fitzgibbons was paid $500,000 of the $750,000. He said he assumes Salama stole the remaining $250,000.
Pizzo again asked Mohamed whether he wanted Fitzgibbons to continue legal representation.
"I was told if I say yes, which is my desire by the way, then my father will owe the government 750 grand," Mohamed said. "You make the decision."
Pizzo said Fitzgibbons was off the case. He will choose a a government-provided lawyer to represent Mohamed. Mohamed can hire another lawyer if he is able.
Contacted in Egypt by The Tampa Tribune, Abdel Latif Mohamed, Mohamed's father, said he will call the Egyptian Cultural Counsel to see what steps he should take to find a new attorney. As for the accusation that Salama took $250,000, Abdel Latif Mohamed said it is "impossible that my son said that." The elder Mohamed said he met Fitzgibbons last month during a 10-day visit to Tampa.
"I have no comment about what I thought" of Fitzgibbons, he said.
Karim Haggag, press attaché at the embassy, said he could not comment on the specifics of Ahmed Mohamed's allegations because he had not seen a transcript of the hearing.
The embassy has set aside $750,000 for Mohamed's defense, Haggag said, $500,000 of that went to Fitzgibbons. The remaining $250,000 would be paid according to the circumstances of the defense, Haggag said.
The Egyptian government will work to find Mohamed a new attorney as soon as Fitzgibbons returns the unused portion of his retainer, Haggag said.
Mohamed was arrested Aug. 4 along with fellow student Youssef Megahed. The two were charged with illegally transporting explosives after deputies in South Carolina said they discovered explosive materials in the trunk of their car.
Mohamed has claimed the explosives were homemade fireworks.
Fitzgibbons said he visited Mohamed 20 times in the Hillsborough County jail over the past three months. Mohamed, he said, was one of the most difficult clients he has had to work with in 20 years of practicing law.
Editor Howard Altman contributed to this story. Reporter Thomas W. Krause can be reached at (813) 259-7698 or tkrause@tampatrib.com.
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