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Prosecutors Balk At Information Request In USF Explosives Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: March 18, 2008

TAMPA – Federal prosecutors say they shouldn't have to give defense attorneys more information about a terrorism charge against a former University of South Florida student.

Attorneys for Ahmed Mohamed have filed a motion asking a judge to order the prosecution to specify what terrorists stood to benefit from a video Mohamed is accused of making and posting on the Web site YouTube. The defense also asked in the motion — known in legal parlance as a request for a bill of particulars — for specific information about the intended victims.

In the video, the prosecution says, Mohamed demonstrates how to use a remote-controlled toy to detonate a bomb. As a result, Mohamed was charged with trying to help terrorists by teaching or demonstrating the use of explosives.

Mohamed is also charged, along with fellow Egyptian citizen Youssef Megahed, with illegally transporting explosives. The pair were arrested Aug. 4 in South Carolina after deputies there said they found explosive devices in the trunk of their car. The defense maintains the devices were homemade fireworks.

According to a federal prosecutor, Mohamed said in the video that he wanted to save "one who wants to be a martyr for another day, another battle."

When investigators interviewed Mohamed, who is in the United States on a student visa, he acknowledged making and narrating the video, according to an FBI affidavit. He said he "considered American troops, and those military forces fighting with the American military, to be invaders of Arab countries," the affidavit states. "He added that the technology which he demonstrated in the tape was to be used against those who fought for the United States."

According to a prosecution court filing today the prosecution has "provided the defendants with large volumes of information and data, as well as the post-arrest statements of the defendants and the physical evidence in the case."

The information the defense is seeking was in that information, the prosecution states in its court filing.

The filing, by Assistant U.S. Attorney Jay Hoffer, points specifically to statements made by Mohamed: "In his August 29, 2007 statement, he was most clear and precise as to their identity: he meant to aid and assist those Muslim 'brothers' in Arabic countries seeking to repel the invasion of their country by infidels. He further added that he included within that category the military forces of the United States who might be involved in military action in such countries."

The prosecution filing says the information provided to the defense fulfills any obligation the prosecution has to provide details of the case. "No further bill of particulars is necessary in light of the extensive discovery made available already to counsel for the defendant as to the precise nature of the 'material Support,' 'training' and 'expert advice' which the defendant rendered to others in this regard."

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

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