TBO.com - TBO is Tampa Bay Online

Megahed Wants FBI Explosives Videos Barred From Trial

ADVERTISEMENT

By ELAINE SILVESTRINI | The Tampa Tribune

Published: October 30, 2008

TAMPA - Lawyers for Youssef Megahed are asking a judge to prevent prosecutors from using a "Hollywood-esque" video in his upcoming trial on charges he illegally transported explosives.

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 week.

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.

Now the defense is asking Merryday to 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.

One video described in a defense motion shows how a remote-controlled toy similar to the one in Mohamed's video could be used to blow up a van with C-4, a plastic explosive, although there is no evidence Megahed or Mohamed ever possessed C-4.

Prosecutors have not "provided any explanation as to how this video is relevant to the offense for which Mr. Megahed is charged," the defense motion states. "Neither the 'explosive materials' subject to Count III of the indictment nor the 'destructive device' created by the government to substantiate Count IV of the indictment are depicted in the video.

"Additionally, no evidence exists that Mr. Megahed had knowledge of Mr. Mohammed's video, participated in the production thereof, or ever viewed it or intended to use a similar device. Finally, no evidence exists that Mr. Megahed or Mr. Mohamed intended to ignite C-4 utilizing this "model rocket igniter" with the purpose of blowing up a van."

Share this:

Loading Comments...

Email Print

ADVERTISEMENT