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Evidence Ruling Could Cause Delay In Megahed Trial

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By ELAINE SILVESTRINI

The Tampa Tribune

Published: May 3, 2008

TAMPA - The explosives trial of a former University of South Florida student likely will be put on hold after prosecutors appealed a judge's evidence ruling Friday.

A judge ruled that prosecutors may not use certain evidence in the trial of Youssef Megahed, who was accused of transporting explosives. The trial had been scheduled to start Monday.

Judge Steven D. Merryday said prosecutors had missed a court deadline for sharing evidence with the defense and barred the government from using files taken from the Megahed family home computer.

Late Friday, prosecutors filed a notice of appeal, meaning the trial will likely be put on hold. Merryday has said he may consider releasing Megahed on bail if his trial is postponed, but it was not clear yet whether that will happen.

One of Megahed's public defenders, Adam Allen, said he was frustrated by the prosecution's appeal.

"Justice delayed is justice denied," he said. "We want our day in court."

The prosecution hopes to use 36 files it described in court papers as containing "images of a number of improvised explosive device attacks against military forces in the Middle East. One such video shows the explosion of a military vehicle and then depicts the damaged parts of that vehicle strewn across the roadside. Close-up shots depict parts of what appears to be the military vehicle, with English writing on it and information printed on the damaged pieces to reflect their manufacture in the United States."

Other videos show "the firing of Qassam-style rockets in what appears to be the Middle East, with audio and written text that extols their use," according to the prosecution.

Merryday said he had no reason to conclude that prosecutors acted in bad faith, but he added that he didn't understand why the government had not done everything possible to find all relevant evidence before the court-imposed deadline for turning over information to the defense.

Megahed was arrested in South Carolina on Aug. 4, along with Ahmed Mohamed, after deputies found what prosecutors say were explosive materials in the trunk of their car.

A separate trial is scheduled for July for Mohamed, who is also accused of trying to help terrorists by posting a video on the Internet in which he demonstrates how to use a remote-controlled toy to detonate a bomb.

Although prosecutors also said they wanted to use that how-to video in the Megahed trial, Merryday said, "This is not the right trial for that video."

Merryday did not rule on whether prosecutors could use another video in the trial. That 45-minute video involving the firing of Qassam rockets was on Mohamed's laptop computer, which the prosecution maintains Megahed had on his lap when the car was pulled over.

Assistant U.S. Attorney Jay Hoffer said forensic evidence showed that the video was viewed about 40 minutes before the traffic stop. He maintained the rockets in the video are similar to the items in the trunk because both contain potassium nitrate.

Public defender Dionja Dyer, however, said the items are different. The rockets in the video, she said, are made of steel, not PVC like the ones in the trunk, and they have warheads and wings to help with flight.

She argued that the video would have an unduly prejudicial effect and should not be shown to jurors.

The judge said he needs more information to determine whether the video is relevant, meaning he likely will make a ruling during the trial.

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

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