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USF pair to face trial together, judge decides

The trial on explosives charges is to begin Monday, though they ask for more time.

By KEVIN GRAHAM, Times Staff Writer
Published November 30, 2007

TAMPA - A federal judge ruled Thursday that two suspended University of South Florida students will stand trial together on explosives charges.

An attorney for Youssef Megahed, 21, had filed a motion this month asking that his trial be separate from that of Ahmed Mohamed, 26.

An Aug. 29 federal grand jury indictment charged both men with illegally transporting explosive materials. It also charged Mohamed with demonstrating how to make or use a destructive device.

Assistant federal public defender Adam Allen, who represents Megahed, argued that the indictment against the pair never charged them with a conspiracy. Allen also argued that Megahed's case would be prejudiced by Mohamed, 26, because he faces what some experts have said is a more serious charge.

A joint trial could run the risk that a jury would convict Megahed because of his mere association with Mohamed, Allen said.

Assistant U.S. Attorney Jay Hoffer responded to that argument in court papers, insisting that the men stand trial at the same time.

"He has made little or no showing that such prejudice is likely to occur or that appropriate judicial instructions cannot negate or prevent such prejudice at trial," Hoffer wrote of Allen's request.

U.S. District Judge Steven Merryday said in his ruling that he sided with federal prosecutors.

Defense attorney John Fitzgibbons, who represents Mohamed, filed a motion last week asking for a continuance in the trial. Hoffer has also indicated that he won't be prepared for the trial to begin until early next year.

Merryday has scheduled it to start Monday. The judge has yet to rule on setting a new trial date.

Both defendants remain in jail without bail.

Kevin Graham can be reached at kgraham@sptimes.com or 813 226-3433.

[Last modified November 30, 2007, 00:16:42]