Wednesday, August 5, 2009

Judge: 6 NC terrorism suspects to be held


— A federal judge in North Carolina has ordered six terrorism suspects detained until trial, saying each is a flight risk and a danger.

U.S. Magistrate Judge William Webb said Wednesday that the defendants had contacts in foreign countries and had access to large amounts of money or were able to raise it.

A seventh suspect in the case requested a new interpreter and attorney, so a decision on his detention was delayed. An eighth suspect is still at large.

Prosecutors argued the men were a flight risk, noting their aspirations for jihad, past encounters with the law and plans to travel overseas. Defense attorneys had argued that they had ties to their communities and that at least some were not followers of lead suspect Daniel Boyd.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

RALEIGH, N.C. (AP) — Attorneys for six of seven terrorist suspects argued in a North Carolina federal courtroom Wednesday that their clients should be released because they're not a flight risk or a danger.

Prosecutors highlighted ties between lead suspect Daniel Boyd and the other men, including his two sons, as well as past criminal activity and travel plans as reasons why they should be held.

"Daniel Boyd has proven himself, by the evidence presented, to be a dangerous individual," said prosecutor Jason Kellhofer from the Counterterrorism Section in the U.S. Justice Departments National Security Division.

His comments came on the second day of a detention hearing for the suspects, who are accused of plotting to murder, kidnap, maim and injure persons in an unspecified foreign country.

On 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 honor of martyrdom and his disgust of the U.S. military.

They said they seized from Boyd's home and cars more than 27,400 rounds of ammunition, 26 weapons, gas masks, a handbook on how authorities respond to acts of terrorism and the text of a fatwa urging jihad against Americans. One agent testified that a trench was dug under Boyd's deck that a witness described as a place to hide weapons.

Defense attorneys on Wednesday stressed their clients' ties to their families and communities and said they weren't closely connected to Boyd. When Daniel Boyce, attorney for Mohammad Omar Aly Hassan, 22, asked that Hassan's family members and supporters stand, about 30 to 40 people rose to their feet.

Attorney Robert J. McAfee, who represents Hysen Sherifi, 24, said his client had two reasons not to flee: His wife's pregnancy and his lack of ties to Boyd. "My client never accepted or manifested some sort of approval of Mr. Boyd's exortations," McAfee said.

Even the attorney for one of Boyd's sons, 22-year-old Dylan, tried to separate his client from the father.

"Dylan said he had complete faith and trust in his father, but he had a disobedience problem," said Joseph E. Zeszotarski Jr., adding that that disobedience meant Dylan didn't always support his father. He also said that Dylan Boyd's wife is pregnant.

Daniel Boyd's lawyers argued he's never been convicted of a violent crime.

Also charged in the case are another Boyd son, Zakariya Boyd, 20, and Ziyad Yaghi, 21.

U.S. Magistrate Judge William Webb recessed court until later in the morning. He agreed to hold a hearing for Anes Subasic, 33, at a later date because he asked for a new attorney and interpreter.

An eighth man, Jude Kenan Mohammad, is still at large and authorities said Tuesday they last heard he was in Pakistan.

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