Feds Suffer Another Blow in Yemini Sheik's Terror Trial
The federal judge presiding over the terror trial of accused Yemeni sheik Mohammed Ali Hassan al-Moayad suffered a big blow Tuesday:
The ruling, which created palpable anxiety among the prosecutors, said the prosecutors cannot show jurors an application of a mujahedeen fighter for entry into an Al Qaeda training camp. The prosecutors said the application, found in Afghanistan in 2001, listed Sheik Moayad as the fighter's sponsor. The ruling also stopped prosecutors from introducing into evidence address books taken from two Muslim fighters in Bosnia in 1996. The prosecutors said the books included entries for Sheik Moayad.
Judge Johnson said that "we don't know what the source" of the Al Qaeda application was and that the address books were from a time too remote from the alleged fund-raising by the sheik in 2003. Judge Johnson said they dated back to before Al Qaeda was listed as a terrorist organization by the United States government.
The third item he banned during the prosecution's initial presentation was a videotape of a wedding in Yemen that the prosecutors said included images of Sheik Moayad cheering about the death of Jews in a Hamas terrorist attack in Israel.
Focusing on a central vulnerability for the prosecutors, Judge Johnson noted that the videotape was taken by the prosecution's main informer, Mohamed Alanssi. Mr. Alanssi drew attention to a history that included bad debts and legal troubles when he set himself on fire outside the White House in November.
After that act, the prosecutors suggested they would not call Mr. Alanssi as a witness. Yesterday, Judge Johnson said the prosecutors could not show the wedding videotape unless Mr. Alanssi testified.
We predicted here that this would be another case that bites the dust. Ashcroft's legacy continues.
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