Once again, in the face of a strong performance by accused al Qaeda supporter James Ujaama's defense attorney Peter Offenbecher--heck, this time around Offenbecher used the government's own star FBI witness to hamper the prosecution's continued call for detention--the judge sided with the feds.
Lawyers continued arguing over Ujaama's detention on November 12 in U.S. District Judge Barbara J. Rothstein's courtroom. Ujaama's defense attorneys say that he should be released to home detention until his trial next year, while federal prosecutors argue that Ujaama could communicate with terrorists if released from the federal detention center in SeaTac.
Offenbecher spent over an hour cross-examining FBI Special Agent Fred Humphries, trying to derail the government's evidence against Ujaama (who sat patiently next to his other defense attorney throughout the proceedings). Again and again, in an attempt to discredit the case against Ujaama, Offenbecher tried to draw information from Humphries about the FBI's sources--who they were, if FBI agents interviewed them directly, and whether the sources were facing charges. Humphries, a handsome agent with a close buzzcut, leaned forward in the witness stand and answered carefully.
Assistant U.S. Attorney Todd Greenberg called Offenbecher's questions about the sources a "fishing expedition" that wasn't pertinent to the detention hearing. Judge Rothstein sided with the prosecutor, schooling Offenbecher on intelligence agencies. "British Intelligence trusted [the information] enough to communicate it," she said, ending the discussion.
Offenbecher moved on, asking Humphries about the website Ujaama allegedly designed for radical London cleric Abu Hamza. Offenbecher argued that the government couldn't prove Ujaama actually wrote the content of the site (articles on a range of topics, from violent jihad to feeding the poor), and that he was simply the designer. Again, the prosecutor objected, and the judge asked Offenbecher to stick to the subject of detaining Ujaama until trial.
So Offenbecher let out a zinger: He asked Humphries--an FBI agent who's been aware of the Ujaama case for two years and who became the co-case agent earlier this year--if Ujaama would pose a threat to the community if he was detained at home, with no access to phones or computers.
"No," Humphries replied. "At this point, with the publicity and nature of the case, I don't believe that that would occur, that he would pose a threat."
Greenberg tried to downplay Humphries' opinion of home detention, saying the FBI agent may not have considered the danger that Ujaama might communicate with other terrorists. "It's not that [Ujaama's] going to go out and blow up a building," Greenberg said. "It's communication, direct or indirect, that's a threat." Judge Rothstein backed him up, echoing the concern that Humphries' answer didn't take into account the danger of Ujaama communicating with the outside world.
But Offenbecher scoffed at Greenberg's attempt to soften Humphries' statement. "There's no one in this room who knows more about international terrorism, and the facts of Mr. Ujaama's case... than Mr. Humphries," Offenbecher said. "He knows what the danger is in this case."
Amy Jenniges contributed to this story.
