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Ruling Hampers Prosecution In Megahed Case

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By ELAINE SILVESTRINI | The Tampa Tribune

Published: January 21, 2009

Updated: 01/21/2009 04:48 pm

Youssef Megahed

A federal appeals court handed prosecutors a defeat this afternoon in the case of a former University of South Florida student awaiting trial on charges he illegally transported explosives.

The prosecution lost its appeal of a ruling by U.S. District Judge Steven D. Merryday in the case of Youssef Megahed. Prosecutors wanted to be allowed to show jurors videos investigators found on Megahed's family computer of rockets firing in the Middle East.

The prosecution also was barred from showing jurors a video made by Megahed's codefendant, Ahmed Mohamed, and posted on the YouTube, in which Mohamed demonstrated how to use a remote-controlled toy to detonate a bomb.

Mohamed has been sentenced to 15 years in prison after pleading guilty to helping terrorists in connection with the YouTube video. Megahed is not accused of involvement with that video.

Prosecutors said showing the videos was crucial to proving Megahed's intent when he traveled with Mohamed to South Carolina. The two were arrested in 2007 after deputies in South Carolina found what they said were explosive devices in the trunk.

The defense argued the videos were irrelevant and inflammatory and that the only issue to be decided at trial is whether the items in the trunk meet the legal definition of explosives.

In its terse order, the 11th Circuit Court of Appeal said it saw no reason to overturn Merryday's ruling, which faulted prosecutors for missing deadlines for exchanging evidence with the defense.

"After review and oral argument, we conclude that the Appellant United States has not shown, at this juncture, reversible error in the district court's pretrial rulings as to the particular items of evidence that are the subject of this appeal," the order stated.

Megahed's trial has been put on hold while the appeals court considered the prosecution's appeal. It will be up to Merryday to schedule a new trial date.

"We're very pleased with the 11th Circuit ruling and eager to get this case to trial," said Adam Allen, one of Megahed's public defenders.

Steve Cole, spokesman for the U.S. Attorney's Office, declined no comment.

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