Judge Reverses Convictions in Detroit 'Terrorism' Case

[JackSpratts]

A federal judge threw out the terrorism convictions of two Arab immigrants on Thursday, undoing what the Justice Department once proclaimed was its first major courtroom victory in the war on terror.

The department itself requested the dismissal this week in an extraordinary filing that savaged its own legal strategy against what it had characterized as a sleeper cell plotting acts of terrorism.

The judge, Gerald E. Rosen, acceded to the government's request for a new trial only on document fraud charges, ending the terrorism case against the men, Abdel- Ilah Elmardoudi, 38, and Karim Koubriti, 26, both from Morocco.

Judge Rosen was sharply critical of the prosecution of the case, citing a pattern of misconduct, though he did not mention Richard G. Convertino, the former lead prosecutor.

"Although prosecutors and others entrusted with safeguarding us through the legal system clearly must be innovative and think outside the conventional envelope in enforcing the law and prosecuting terrorists, they must not act outside the Constitution," the judge said in his decision. "Unfortunately,'' he added, "that is precisely what has occurred in the course of this case."

Judge Rosen said in his decision that "the prosecution materially misled the court, the jury and the defense as to the nature, character and complexion of critical evidence that provided important foundations for the prosecution's case."

Judge Rosen said in his decision that "the prosecution materially misled the court, the jury and the defense as to the nature, character and complexion of critical evidence that provided important foundations for the prosecution's case."

"The case fits into a broader pattern of the Ashcroft Justice Department overplaying its hand in terror cases and making broad allegations of terror without the evidence to back it up," said David Cole, a law professor at Georgetown University.

Judge Rosen was nominated to the federal court by the first President Bush.

Danny Hakim

http://www.nytimes.com/2004/09/03/na.../03terror.html