TBO.com - TBO is Tampa Bay Online

Megahed Freed From Jail

ADVERTISEMENT

By ELAINE SILVESTRINI

The Tampa Tribune

Published: May 6, 2008

TAMPA - Nine months after he was arrested in South Carolina, former University of South Florida student Youssef Megahed walked out of a federal courthouse Monday, free to live in his parents' home while prosecutors appeal an evidence ruling.

Megahed's release was vigorously opposed in September by prosecutors who argued he was a danger to the community. On Monday, though, Assistant U.S. Attorney Jay Hoffer did not argue against letting Megahed out of jail on $200,000 bail.

Of the bail amount, $100,000 is to be secured by a check from Megahed's parents and the rest by a signature bond, signed by the parents.

Megahed's whereabouts will be monitored by GPS.

As he walked from the U.S. Courthouse on North Florida Avenue, Megahed had no comment except to say he felt "good." His smiling father, Samir, said, "I'm very happy. This is a second birth for him."

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

Under the court's order of release, Megahed is to leave the family home only for meetings with his attorney, court appearances and preapproved religious services and medical appointments. The entire family was required to turn over their passports, and the home's Internet access was to be removed.

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

Merryday had said that if the trial were delayed he would consider releasing Megahed because Megahed has served most of the likely 10- to 16-month prison sentence he would receive if convicted.

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

On Friday, 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.

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."

Merryday said he had no reason to conclude that prosecutors acted in bad faith, but added 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.

Share this:

Loading Comments...

Email Print

ADVERTISEMENT