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Published: November 7, 2008
TAMPA - A federal judge has denied a motion by lawyers for Youssef Megahed, who asked him to prevent prosecutors from using a "Hollywood-esque" video in his upcoming trial on charges he illegally transported explosives.
U.S. District Judge Steven D. Merryday wrote in his order that the defense motion was moot because prosecutors say they don't plan to use the video.
Merryday expressed displeasure with the wording in the defense motion, saying it was "melodramatically characterized (including, unfortunately, in the title of the motion) as a 'government manufactured, Hollywood-esque video.'"
Megahed and his friend, Ahmed Mohamed, were arrested last year in South Carolina after deputies there found items in their trunk that prosecutors say were explosive materials. The defendants maintain they were homemade rockets, intended to be used as fireworks.
Mohamed has pleaded guilty to a charge of trying to help terrorists by creating a video in which he demonstrates how to use a remote-controlled toy to detonate a bomb. That video was posted on YouTube. He is scheduled to be sentenced next month.
Megahed, who is not accused of participating in Mohamed's video, is awaiting trial while prosecutors appeal a judge's decision not to allow them to use videos seized from Megahed's family computer showing rockets and other violent scenes in the Middle East. Judge Steven D. Merryday barred the use of those videos partly on the grounds that prosecutors violated court-imposed deadlines to turn over copies of evidence to the defense.
The prosecution is also appealing Merryday's ruling that they could not use Mohamed's YouTube video in Megahed's trial.
The judge today denied the defense request that he rule that prosecutors may not use more videos made by the FBI showing ways some of the other evidence in the case could be used to create explosions.
An FBI report said the items found in the defendants' car trunk would not create significant explosions, but prosecutors maintain they could be altered.
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