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| US judge refuses bail plea for alleged jihadists |
| 2009-08-07 |
| A federal judge ordered six North Carolina men accused of plotting holy war to remain in custody on Wednesday but raised scathing questions about the strength of the case federal prosecutors are pushing. US Magistrate Judge William Webb determined that the defendants were dangerous and may flee if released, noting they had overseas contacts, some past criminal activity and the threat of a life sentence if convicted on the terrorism charges they face. 'Each of these defendants constitute a danger to the community,' Webb said, dealing a blow to some supporters who had hoped some of the men might be released to a family custodian. While his assessment of the suspects was harsh, the judge also expressed concern about the veracity of the government's case. In presenting evidence, authorities had relied heavily on secret audio recordings and the statements of an unnamed witness. As prosecutors made their final argument for why the men should remain in custody, Webb lashed out at the government's witness. 'Why is it you believe we should consider the witness as being credible?' he asked. The prosecutor, Jason Kellhofer, at first argued that there was no reason to consider the witness not credible. But Webb pressed on. He pointed out the prosecutor's argument that the suspects were sometimes talking in code, with Hysen Sherifi once talking about 'going to the beach.' Prosecutors argued that the 'beach' really meant violent jihad. Webb balked at the idea that he was supposed to consider 'beach' as the 'functional equivalent of jihad' without knowing why the witness was credible. The judge's concerns weren't enough to allow any of the men to go free until trial, despite promises from some family members that they could take care of the suspects outside of prison and the arguments from attorneys that the men had strong ties to the community. The father of Mohammad Omar Aly Hassan said he was disappointed by the decision. 'All the family is disappointed,' Aly Hassan said. As US marshals led the men away following Webb's ruling, the suspects said in Arabic the same phrase they had uttered in court a day earlier: 'May peace be upon you.' 'May peace be upon you, also,' many audience members murmured in response. Sabrina Boyd, the wife of primary suspect Daniel Boyd, expressed disappointment in a wavering voice. Two of her sons, 20-year-old Zakariya and 22-year-old Dylan, have also been indicted. 'I just want to say that we appreciate the support of the whole community and that we love our families very much,' she said outside the courtroom, shortly after her husband and two children were led away in shackles. 'We're just trying to be patient.' On the first day of the detention hearing Tuesday, federal authorities played audio tapes of a man they identified as Boyd saying 'I love jihad' and talking about the struggle of Muslims, the honour of martyrdom and his disgust at the US military. Court records indicate that a seventh suspect, Anes Subasic, 33, was to get a new attorney and a new interpreter, so his detention hearing was delayed until Monday. An eighth man, Jude Kenan Mohammad, is still at large and authorities said Tuesday they last heard he was in Pakistan. |
| Posted by:Fred |