our men were convicted yesterday of conspiring with Osama
bin Laden in a terrorist plot to bomb the American Embassies in
Kenya and Tanzania in 1998. The blasts killed 224 people, injured
thousands and glaringly exposed the United States' vulnerability
abroad.
Two of the defendants were also found guilty of murder and could
now face execution. American prosecutors are seeking to impose the
death penalty for the first time for terrorism committed against
Americans in a foreign country.
The jury of seven women and five men returned the verdicts after
about 12 days of deliberations in Federal District Court in
Manhattan. The four defendants showed no visible emotion as the jury
forewoman replied "guilty" over and over as the seemingly endless
string of crimes listed in the 302-count indictment was read aloud,
a process that took more than an hour. The verdict took so long to
read that the judge, Leonard B. Sand, and a court clerk took turns
reading from the verdict form.
Prosecutors are seeking the death penalty for two men Mohamed
Rashed Daoud al-'Owhali, 24, and Khalfan Khamis Mohamed, 27 who
were convicted of murder in the deaths of the victims in each
bombing. Hearings, required under federal law, will be held
separately for each man before the same jury, starting today, to
determine whether they will be sentenced to death or life in prison
without possibility of parole.
The third man Mohammed Saddiq Odeh, 36 was found guilty of
aiding and abetting murder in the Nairobi, Kenya, bombing. He faces
life in prison without parole. Prosecutors had decided earlier not
to seek the death penalty in his case, without explaining why.
The fourth defendant, Wadih El- Hage, 40, also faces life without
parole for his role in the terrorism conspiracy, although the
government acknowledged that he had no role in the bombings.
The verdicts are a victory and a validation for the federal
prosecutors in Manhattan, who offered the jury a detailed case over
the last four months that placed the four defendants in a global
conspiracy led by Mr. bin Laden and rooted in Islamic fundamentalism
and a hatred of Americans.
"Today's guilty verdicts are a triumph for world justice and for
world unity in combating international terrorism," said Mary Jo
White, the United States attorney in Manhattan, adding that the
government's work was not finished.
"We remain permanently and unrelentingly committed to tracking
down, apprehending and bringing to justice every single participant
in these crimes, however long it takes and wherever around the globe
it is necessary to go," she said.
Barry W. Mawn, the assistant director in charge of the New York
office of the F.B.I., noted that the bombings investigation
represented the largest ever conducted abroad by the F.B.I., whose
agents held thousands of interviews.
Over the course of the trial, which included about four months of
testimony, prosecutors called 92 government witnesses and introduced
more than 1,300 exhibits. These included Mr. El-Hage's grand jury
testimony in 1997 and 1998, which prosecutors said included 96 false
statements, and clothing belonging to Mr. Odeh on which traces of
explosive residue were found.
None of the four defendants testified, but the lawyers for Mr.
El-Hage and Mr. Odeh called witnesses and introduced exhibits trying
to undermine the government's case. Mr. El- Hage's business partner
testified, for example, while an Islamic religious leader testified
on behalf of Mr. Odeh, whose lawyers told the jury that their client
would not have violated Islamic law.
Lawyers for the two men who could face the death penalty, Mr. al-
'Owhali, a Saudi citizen, and Mr. Mohamed, a Tanzanian, refused to
comment on the verdicts.
"It's premature to discuss anything," said David P. Baugh, a
lawyer for Mr. al-'Owhali, whose death penalty hearing will be heard
first and is to begin this morning. "We are still deep in this
trial. We consider this to be the middle of the case."
But lawyers for the two other defendants said they would appeal
the verdicts.
Anthony L. Ricco, one of the lawyers for Mr. Odeh, a Jordanian
who helped in the preparations for the Nairobi bombing, said: "These
were tough emotional charges. I thought that Mohammed had a real
issue of reasonable doubt."
Another of his lawyers, Edward D. Wilford, added, "In our opening
statements, we asked the jury to be courageous, but there was an
emotional hype we could not overcome."
Lawyers for Mr. El-Hage, a naturalized American citizen from
Lebanon who lived in Arlington, Tex., said the nature of the bombing
had tended to overwhelm the defense they tried to mount on behalf of
their client, which was that he was involved in Mr. bin Laden's
legitimate activities but had nothing to do with terrorism.
They had sought unsuccessfully to have his trial separated from
that of the bombers, and that issue will now be a basis of appeal,
said one of the lawyers, Joshua L. Dratel.
Another, Sam A. Schmidt, said: "The jury was overwhelmed by the
calamity of the event. They were overwhelmed by the carnage."
Mr. El-Hage's wife, April, who attended some of the proceedings
in recent weeks, said by phone after learning of the verdict, "I
don't believe my husband is guilty of what they accused him of."
She added: "It is completely against Islam, and he would never do
something like this. It's against everything he believes in."
Prosecutors said the conspiracy grew out of a Muslim organization
that had centers in Afghanistan and other places, including the
Boerum Hill neighborhood of Brooklyn. Some of the members of that
Brooklyn circle were arrested and convicted in the bombing of the
World Trade Center in 1993 and in a plot to blow up other New York
City landmarks.
The investigation of Mr. bin Laden evolved out of those earlier
terrorism investigations by the United States attorney's office in
Manhattan, which is why the trial of the embassy bombings, which
occurred more than 7,000 miles away in Africa, ended up in New York,
and why prosecutors are still seeking to bring Mr. bin Laden and 12
other fugitives in the case to New York to face charges.
Mr. bin Laden is the scion of a wealthy Saudi family who
prosecutors say leads a group, Al Qaeda, that finances Islamic
terrorism around the world. He is believed to be living in
Afghanistan under the protection of the ruling Taliban.
As the day began yesterday, the jury, which had sent in frequent
notes to Judge Sand over the course of its deliberations, signaled
that a verdict might be near with another note asking for a
particular exhibit pertaining to Count 302 the final charge on the
107-page indictment.
Then, shortly after noon, the jury sent out another note. "Judge
Sand," it said, "the jury has reached a verdict!"
Within minutes, the rows in the courtroom filled with visitors,
including several dozen witnesses, victims and family members who
had come to New York, some flown from Africa.
Several who had been injured walked in with canes, or were led by
others because they were blind. There were no outbursts or sounds of
emotion during the taking of the verdict, which included reading the
names of the 224 victims, each representing individual murder
counts, but some spectators clutched tissues or sat with their faces
in their hands.
When the forewoman pronounced "guilty" for Counts 17 and 18 the
murders of Julian L. Bartley Jr., a college student working as an
intern in the Nairobi embassy, and his father, Julian L. Bartley
Sr., the consul general his widow, Sue, and daughter, Edith, sat
quietly, their eyes glistening, in one row.
When the forewoman pronounced "guilty" for Count 54 the murder
of Prabhi Gutpara Kavaler in the Nairobi attack her husband,
Howard, and their two young daughters cuddled in another row.
After the verdict, Sue Bartley said, "It was like a relief today
to know that this part was over."
Her daughter, Edith, added, "While we are most pleased with the
verdict, we know that the loss of life and grief that people will
endure is not minimized by today's verdict."
Clara Aliganga, the mother of Jesse N. Aliganga, a 21-year-old
Marine security guard who was killed in the Nairobi attack, said the
verdict "doesn't erase the pain."
"I just hope it gets a message to the terrorists that we won't
take this lightly," she said. "There will be
justice."