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Megahed Has Been Released On Bail

Tribune photo by CLIFF MCBRIDE

Youssef Megahed walks from federal court late this afternoon, Megahed a former University of South Florida student charged with transporting explosives was released on bail this afternoon under a judge's order.

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: May 5, 2008

TAMPA - A former University of South Florida student charged with transporting explosives has been released on bail this afternoon under a judge's order.

Youssef Megahed was scheduled to go on trial today, but the trial was delayed after prosecutors appealed an evidence ruling by U.S. District Judge Steven Merryday.

Merryday had said that if the trial were delayed, he would consider releasing Megahed, who has been behind bars nine months. If Megahed is convicted, Merryday said, he faces a likely sentence of 10 to 16 months in prison.

A Federal Magistrate this afternoon granted Megahed's release on $200,000 bail with $100,000 to be posted in cash and the remaining to be a signed by his parents.

Merryday issued an order this morning telling U.S. Magistrate Elizabeth Jenkins to establish Megahed's conditions of release. Last year. Jenkins ordered Megahed released on bail, but Merryday overruled her order.

Merryday has ordered that the conditions of release be no more restrictive than the conditions Jenkins set in her earlier order, which provided that Megahed be subject to electronic monitoring. That order also required the entire Megahed family to surrender their passports.

On Friday, Merryday ruled that prosecutors may not use certain evidence in the trial. Merryday said prosecutors had missed a court deadline for sharing evidence with the defense, and he barred the government from using files taken from the Megahed family home computer.

Late Friday, prosecutors filed a notice of appeal, putting the trial on hold.

The prosecution wants to use 36 files it describes 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.

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