Defense attorneys argue for dismissal of charges in 1998 U.S. embassy bombings

More than 200 people were killed in the August 1998 bombings at U.S. embassies in Kenya, top and Tanzania

February 29, 2000
Web posted at: 9:30 p.m. EST (0230 GMT)

NEW YORK (CNN) -- Lawyers for six men in custody and charged in connection with the August 1998 bombings of U.S. embassies in East Africa say the indictment against the men should be dismissed.

Appearing at a pretrial hearing in federal court in Manhattan on Tuesday, defense attorneys said the 135-page, 267-count indictment is too broad. The indictment is a "political thesis masquerading as an indictment," said defense attorney Mark Gombiner.

"A single jury at a single trial cannot decide the kind and scope of actions charged in the indictment," Gombiner said.

The first count of the indictment accuses 17 men, led by Saudi exile Osama bin Laden, of participating in a worldwide conspiracy to kill Americans.

The twin bombings of embassies in Nairobi, Kenya, and Dar Es Salaam, Tanzania -- which killed 223 people, including 12 Americans, and injured 4,500 people -- are the most severe criminal charges alleged in the indictment.

The charges also outline a decade-long conspiracy, including attempts to kill Americans in the United States and American soldiers stationed in Somalia and Saudi Arabia.

"Any trial should be limited to the attacks on the embassies in Kenya and Tanzania," Gombiner told U.S. District Judge Leonard Sand, who has set a September 5 trial date.

Assistant U.S. Attorney Ken Karas told Sand it would be "impossible" to split up the charges. "We don't say a conspiracy count should be dismissed because of the breadth of the conspiracy," Karas said.

The six accused men in U.S. custody are: alleged bomber Khalfan Khamis Mohamed of Tanzania; alleged bombers Mohamed Sadeek Odeh and Mohamed Rashed Daoud Al-'Owhali, both of Kenya; alleged bin Laden personal secretary Wadih El Hage, a U.S. citizen; alleged bin Laden troops trainer Ali Mohamed, also a U.S. citizen; and Mamdouh Mahmud Salim, an alleged financial officer for bin Laden's organization.

Only Al-'Owhali appeared in court Tuesday.

Three indicted defendants in British custody are undergoing extradition proceedings. The remaining eight defendants, including bin Laden, are fugitives.

The State Department is offering a $5 million reward for information leading to the arrest of bin Laden, who is on the FBI's 10 Most Wanted list.

If convicted, several defendants could face the death penalty. Prosecutor Karas told the court that Attorney General Janet Reno was expected to decide whether to pursue capital punishment in mid-April.

Defense attorney Sandra Babcock argued that the government improperly applied domestic death penalty statutes in the case, that the 1994 law passed by Congress does not apply to acts committed overseas or by non-citizens.

But the thrust of the defense arguments was that the charges were too vague and too broad.

A lawyer for El Hage complained prosecutors are requiring them to defend "every movement, every phone call, every business transaction."*

"It's not like we have to find a needle in a haystack, but a needle in a stack of needles," complained his attorney, Joshua Dratel.

Attorneys for Odeh raised a similar objection. "What did Mr. Odeh do? Did he carry the bomb? Did he wire the bomb? Did he conduct surveillance? We don't know what action we're defending," Michael Young argued.

Judge Sand appeared sympathetic to a complaint by Salim's attorney when a federal prosecutor conceded that not all of Salim's travel was conducted as part of the alleged conspiracy, even though the government had not indicated which travel was potentially criminal.

Among a series of other defense motions argued was a request to partially disqualify lead prosecutor Patrick Fitzgerald who acknowledged that he participated in the questioning of Odeh when he was first captured in Kenya.

The defense said they had to be able to question the prosecutor at trial, but the judge appeared to be unpersuaded.

Defense lawyers said they expect Judge Sand to rule on their motions next month.

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