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USF Grad's Gun Case Lawyer Battles Negative Publicity

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: March 28, 2008

TAMPA - Attorneys for a former University of South Florida student set to go on trial next week are worried their client's case is being decided in the shadow of two other former students.

Karim Moussaoui, a citizen of Morocco, is accused of possessing a firearm while in the United States on a student visa — a charge that carries a penalty of up to 10 years in federal prison. He has said he merely posed for a picture holding a gun at a firing range because he wanted a souvenir of his time in the United States.

Moussaoui has been associated in court papers with two other former USF students — Youssef Megahed and Ahmed Mohamed. Those two Egyptian nationals were arrested Aug. 4 in South Carolina after deputies found what they described as pipe bombs in their trunk. Mohamed is also accused of trying to help terrorists by posting a video on the Internet in which he shows how to use a remote-controlled toy to detonate a bomb.

The prosecution alleges in court papers that Moussaoui made two visits to the Shoot Straight Gun and Archery Range on U.S. 301 with Megahed, on July 11 and 19. According to a federal complaint, Mohamed was with them July 11. The photograph of Moussaoui was taken, according to prosecution court papers, on the July 19 visit, and Moussaoui was captured on a video surveillance camera that day.

The defense has filed two motions: one asking that potential jurors be given a detailed questionnaires and the other asking that the prosecution be barred from presenting evidence relating to the July 11 visit, which Moussaoui denies.

The defense says in the jury questionnaire motion that negative publicity tying Mohamed and Megahed to possible terrorism has "saturated the Tampa Bay community." Moussaoui is "in no way associated with any allegation of terrorism, nonetheless, Karim Moussaoui is routinely referred to as a terrorist" in media reports, the defense motion states.

The motion cites comments from TBO.com readers, including one on a story about Moussaoui that says, "Maybe he can be accommodated in Gitmo!" and another that says, "USF sure attracts a lot of terrorists."

"With all due respect to this court, it would be naïve to think that in a judicial voire dire, jurors would be as candid with the court as they are in their anonymous comments as set forth above," states the motion authored by defense attorney Deeann Athan.

The motion asks that jurors be given a questionnaire asking what they know and how they feel about Moussaoui, Megahed and Muslims.

U.S. District Judge James D. Whittemore on Thursday scheduled a status conference in the case for this morning but abruptly canceled the hearing when Athan did not appear. Her partner, Dino Michaels, told the judge she was traveling.

Whittemore said he set the hearing because of Athan's jury motion and he expected her in court. He ordered that attorneys appear at 8:30 a.m. Monday. It was unclear whether he will address the motions then or proceed directly to jury selection.

Athan wrote in her other motion that there is no evidence supporting a shooting range employee's claim that Moussaoui was there July 11.

Megahed and Mohamed could testify that Moussaoui was not at the range on July 19, Athan writes, but their attorneys have told her they would invoke their right not to testify under the Fifth Amendment.

"Thus to allow the government to pursue this line of inquiry without allowing Karim Moussaoui the opportunity to demonstrate that it is false denies him" his constitutional rights, Athan wrote. "Additionally, the admission of any testimony relating to July 11, 2007, is irrelevant to the crime charged."

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

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