"I conclude that no serious miscarriage of justice occurred during the trial, even when I view the issues raised by the defense cumulatively," U.S. District Judge Garr M.King said in his opinion.
A jury on Jan. 31 found Mohamud guilty of attempting to detonate a bomb in Pioneer Courthouse Square during the city's annual tree-lighting ceremony. But Mohamud's lawyers argued before, during and after the trial that government agents entrapped their client, goading him into a crime he would not have carried out on his own.
Mohamud was arrested on Nov. 26, 2010, after trying to set off what he thought was a massive bomb at the downtown gathering. The bomb was a harmless fake rigged by FBI technicians and presented to Mohamud by undercover FBI agents posing as al-Qaida terrorists.The defense team filed motions on Feb. 14 that sought an acquittal or new trial. They argued that the government did not produce enough evidence to prove that it did not entrap Mohamud. They had pointed out, for example, that three expert witnesses for the defense established reasonable doubt that Mohamud was predisposed to commit the crime.
"The jury could have accepted all of this testimony," King wrote, "but apparently did not."
Stephen R. Sady, Mohamud's chief lawyer, could not be reached for comment. He and Mohamud's other lawyers had outlined a litany of complaints in their motions, including key points likely to be raised on appeal after Mohamud's June 17 sentencing:
- At trial, King allowed the government's star witnesses -- the undercover FBI agents -- to testify under the fake identities they assumed when they made friends with Mohamud: Youssef and Hussein. Defense lawyers say their inability to learn the true identities of the agents and test their veracity prevented Mohamud from his constitutional right to fully question his accusers.
- King did not allow the defense to call an FBI informant identified only as "Bill Smith" to the witness stand. Defense lawyers say not being able to confront Smith, who exchanged a long series of emails with Mohamud, harmed their client's chances.
- King allowed the government to present an October 2009 Interpol notice that suggests a Saudi Arabian named Amro Alali had been an al-Qaida recruiter about the time he exchanged emails with Mohamud. That notice helped set in motion the FBI's investigation of Mohamud. But defense lawyers challenge the accuracy of the Interpol notice, saying there was no proof Alali was a wanted terrorist.
-- Bryan Denson