Judge to rule on Megahed evidence

TAMPA -- A federal judge will soon decide whether to allow newly discovered evidence taken from Youssef Megahed's computers to be used at his trial and whether prosecutors violated a rule by giving it to the defense after a deadline.

At question is whether prosecutors should be allowed to use eight to 10 video clips recovered from Megahed's home computers that show military rockets being launched and explosives devices being used against what appear to be U.S. military vehicles.

Adam Allen, Megahed's public defender, argued in court today that the evidence is inadmissible at trial because it has nothing to do with the charges against Megahed, 22, who is scheduled for trial on Monday.

Megahed has been charged with illegally transporting explosive materials across state lines and possessing an explosive device.

Allen has also argued that any evidence seized from from computers inside Megahed's home should be excluded because the FBI had no legal authority to search the computers.

Even if the the evidence was lawfully obtained, Allen said that prosecutors should be punished for missing a Jan. 9 deadline that ordered they turn over all relevant evidence for trial to the defense by then. He wants U.S. District Judge Steven Merryday to exclude anything taken from the computers.

Assistant U.S. Attorney Robert Monk said the FBI didn't discover the videos until Jan. 17. But it wasn't until April 21 that agents were able to view the clips because of a formatting issue. As soon as prosecutors discovered the videos and determined they were relevant at trial, they turned them over, Monk said.

"We wish this had been found earlier," said Monk. "It has taken until this time to find this evidence."

Monk said that the Jan. 9 deadline didn't preclude the government from continuing its investigation, and that they have never attempted to hide anything prosecutors considered relevant from the defense.

"We do apologize for any delay this might cause," Monk said.

Allen later responded, "At some point, rules should mean something and deadlines should mean something."

Merryday said he didn't believe that the government had hatched a scheme to keep information from the defense until just before trial. He delayed his ruling, saying he planned to review transcripts from a previous hearing about turning over evidence. Merryday also said he may decide to review the video clips that prosecutors want to use at trial.

"I have a little bit more work to do before I can rule on this," Merryday said. "I would just remain prepared to go to trial on Monday."

If the judge decides to delay the trial, he indicated that he might hold a bail hearing on whether to release Megahed.

-Kevin Graham, Times staff writer