Jury Finds Embassy Bombers Guilty on All Counts

(Death penalty hearings for two will start) (1890)


By Judy Aita
Washington File Staff Correspondent


New York -- All four men accused in the worldwide conspiracy and
destruction of two U.S. embassies in East Africa in August 1998 were
found guilty May 29 on all 302 charges brought against them for
plotting and carrying out the bombings that killed 224 people, mainly
Africans, who died in the almost simultaneous blasts.


The four men were also convicted by a federal jury of plotting to kill
Americans anywhere in the world, and lying to cover up the terrorist
organization al Qaeda and shield its leader Usama bin Laden.

The verdicts are the first convictions in a U.S. court of individuals
who caused the deaths of American citizens abroad by means of
terrorist bombing, law enforcement officials said.

Mohamed Sadeek Odeh and Mohamed Rashed Daoud Al-'Owhali were found
guilty of murder in the deaths of 213 persons in the attack on the
embassy in Nairobi, Kenya, on August 7, 1998 and Khalfan Khamis
Mohamed was found guilty of murdering 11 persons in the attack in Dar
es Salaam on the same day.

Both Al-'Owhali and K.K. Mohamed now face the possibility of a death
sentence. A separate phase of the trial to allow the government and
Al-'Owhali to present further evidence for the jury to determine
whether he will be sentenced to death or life in prison will begin May
30. A similar hearing for K.K. Mohamed will follow.

Wadih El Hage, along with the three other defendants, was found guilty
of three counts of conspiracy to murder Americans, especially U.S.
Government employees, and destroying government property. He was also
found guilty of 18 counts of perjury for lying before 1997 and 1998
Federal grand juries investigating al Qaeda, bin Laden and the embassy
bombings.

El Hage and Odeh face possible life sentences. Dates for their
sentencing have not been set.

After court proceedings ended Mary Jo White, U.S. attorney for the
Southern District of New York, called the verdicts "a triumph for
world justice and for world unity in combating international
terrorism.

"They are also a tribute to the brave men and women and their families
who work abroad for the State Department, the U.S. military, and in
our embassies around the world," she added.

The prosecutor also praised "the extraordinary investigative work of
the FBI, the entire FBI-NYPD (New York Police Department) Joint
Terrorist Task Force, and the outstanding law enforcement authorities
in Kenya, Tanzania, London and around the world."

Sue Bartley, whose father and brother were killed in the Nairobi
bombing, said that her family was "very pleased" with the verdict,
"but it does not minimize the loss for the families whether they be
Kenyans, Tanzanians, or Americans."

Clara Aliganga, whose 21-year-old son -- Sgt. Nathan Aliganga -- was
also killed in Nairobi, said that she "prayed a lot" for the guilty
verdicts. "But then again it brings up all the pain that makes you
realize even more that you're here for a reason being you do not have
your loved ones with you any longer and those people took them from
you," she said.

The four men convicted are part of a group of 22 charged in the
bombings. Two others are also in custody in the United States -- Ali
Mohamed pled guilty in October 2000 to the conspiracy and Mamdouh
Mahmud Salim is awaiting trial on conspiracy and charges of attempting
to murder a prison guard in Manhattan. Three others -- Khalid al
Fawwaz, Ibrahim Eidarous, and Adel Abdel Bary -- are in custody in
London where they have been ordered extradited to the U.S. but have
appealed the ruling.

Thirteen others, including Usama bin Laden, remain at large. There is
a $5 million reward for information leading to the apprehension and
prosecution of each of the 13 fugitives. And as the prosecutors looked
back on the more than two years of investigations and prosecution that
resulted in the guilty verdicts May 29, they looked ahead to bringing
the others to justice.

"Our job is not finished," White said. "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 to find the
evidence and those responsible to bring them to justice."

Barry W. Mawn, assistant director in charge of the New York FBI
Office, said that the verdict "puts on notice any individual or group
of individuals who seeks to attack U.S. persons abroad that the rule
of law is more powerful than any terrorist bomb and that those
responsible for such crimes will be identified, located, apprehended,
and convicted."

The 13 fugitives "shall also be brought to trial," Mawn said.

Citing the investigations of the bombing of the World Trade Center;
the conspiracy to blow up 11 U.S. jumbo jets simultaneously as they
flew across the Pacific Ocean; and the terrorist plot to destroy the
United Nations building, the FBI building and the Lincoln and Holland
tunnels, Mawn said that "the FBI and the Joint Terrorism Task Force
have the proven track record in the most complicated international
terrorist conspiracies, identifying those who have committed such
crimes and bringing them to justice in the United States working
closely with the law enforcement and intelligence communities around
the world."

With the crime scene 9,000 miles from New York City, the investigation
was a massive effort by law enforcement agencies. Investigators from
38 of the FBI's 56 field offices were sent to East Africa, conducting
thousands of interviews, and collecting thousands of pieces of
evidence, he said.

"Law enforcement officials in Kenya and Tanzania provided critical
assistance throughout the investigation and they remain our partners
in this effort," Mawn said.

The jury, which began deliberating May 9, took twelve days to work
through the 302 counts as spelled out in a 61-page verdict form. The
jury forelady sent 21 notes to the court asking for either
clarifications on points of law or to see exhibits presented during
the trial.

Then at ten minutes after noon on May 29, Judge Leonard Sand appeared
at the door of the courtroom to announce "there is a verdict." Lawyers
took their seats, the defendants were brought in and the courtroom
quickly filled with victims and victims' families, FBI officials, and
journalists. The twelve members of the jury filed in to take the same
seats they occupied since the trial began on February 5.

The judge first "took attendance" to officially make sure that all
seven women and five men of the jury were present and accounted for.
Since the jury is anonymous, he merely called out "juror number
1...juror number 2," etc.

At 12:30, Judge Sand asked: "Madam Forelady, has the jury reached a
verdict?"

"Yes, we have," was the answer.

Victims held hands, hung their heads or cried silently as the court
clerk began reading each of 302 counts and the responses "guilty,"
"guilty," "guilty" rang through the courtroom on each count. Howard
Kavaler, whose wife Prabhi Gutpara Kavaler was killed in Nairobi,
hugged his two daughters.

The defendants, sitting with their lawyers, showed no emotion or
reaction to the verdicts.

One hour and fifteen minutes later, the judge summarized the verdicts
and asked each of the 12 jurors individually "your have heard your
verdict as has been recorded. Is that your verdict?" Each answered
"yes."

The judge told the jury that the verdict "is final and not open to
question."

Sand noted that he would not comment on the verdict, but added "I do
want to say to you on behalf of all of the participants in this case
that we do appreciate how hard you worked and how conscientious you
have been, and for that we're all grateful."

Lawyers for each defendant said they would appeal.

Anthony Ricco, attorney for Odeh, said that "the case had a powerful
emotional component and I was concerned that we would not be able to
overcome that. We have an uphill battle with the appeal."

Sam Schmidt, attorney for El Hage, said that he felt the government
had not proved criminal intent on the part of his client, but the
weight of the evidence presented against the others rubbed off on El
Hage. "We are disappointed," he said.

El Hage, 40, a naturalized U.S. citizen born in Lebanon, was not
charged in the bombings. Secretary to bin Laden when al Qaeda was
headquartered in Sudan, the government presented evidence to show that
El Hage -- contrary to defense claims that he was involved in
legitimate business activities on behalf of bin Laden and Muslim
causes -- actually was a facilitator who traveled making arrangements
for weapons shipments, raising money for terrorist operations, and
delivering messages. He also headed al Qaeda's cell in Nairobi before
returning to the U.S. in 1997. He lied to two federal grand juries
investigating al Qaeda and the bombings to protect its members and
operations.

Calling Odeh a "technical advisor" to al Qaeda's East African cell,
the government produced evidence to prove its claim. Prosecutors
presented a sketch found in Odeh's house that resembled the Nairobi
embassy vicinity and clothing taken from his travel bag that had
traces of explosive residue.

The U.S. charged that Odeh, a 36-year-old Palestinian born in Jordan,
was a sworn member of al Qaeda and was set up in a fishing business in
Mombassa to help support al Qaeda members in Kenya. He was stopped
trying to enter Pakistan with a fake passport on the day of the
bombing and returned to Kenya. In a confession to an FBI agent In
Nairobi, Odeh said he had received firearms and explosives training in
Afghanistan in al Qaeda camps. He said that he spent the days before
the bombing with members of the bomb team in a Nairobi hotel but
denied knowing about the plot.

Al-'Owhali, a 24-year-old Saudi Arabian, rode in the Nairobi bomb
truck and was supposed to die in the blast. In a statement to FBI
agents, Al-'Owhali detailed his role in the bombing. His job was to
force the embassy guards to open the gate so that the driver could get
the truck close to the building. He was then to throw hand grenades to
scatter passersby and if the driver was unable to detonate the bomb,
Al-'Owali was to do so manually from the back of the truck. He ran
from the bombing, when he realized that his mission had been
accomplished and to die at that point would be suicide not martyrdom.

K.K. Mohamed, 27, a Tanzanian, was characterized by his defense
lawyers as a fool, pawn, and low-level worker for al Qaeda members. In
a statement to the FBI after being arrested in South Africa a year
after the bombing, Mohamed told how he purchased the truck used to
transport bomb materials, rented the house that was used as the bomb
factory, and helped grind the TNT used in the Dar es Salaam bomb. He
helped load the bomb on the truck and rode in the truck part of the
way to the embassy.

(The Washington File is a product of the Office of International
Information Programs, U.S. Department of State. Web site:
http://usinfo.state.gov)