Megahed released on $200,000 bond

[Brian Cassella | Times]

TAMPA -- Youssef Megahed walked out of the federal courthouse in downtown Tampa today after posting $200,000 bond and agreeing to other conditions of his release that include home detention and GPS monitoring.

The former University of South Florida student's explosives trial was scheduled to begin today, but a last-minute appeal by prosecutors contesting a judge's exclusion of evidence has caused and indefinite delay.

Prosecutors filed a last-minute appeal Friday, challenging U.S. District Judge Steven D. Merryday's ruling to exclude recently disclosed evidence from Megahed's computer that prosecutors wanted to use at trial.

That evidence included nine video clips that showed rockets launching in combat zones in the Middle East and explosives being used against what appeared to be U.S. military vehicles.

Defense attorneys complained that the video clips had nothing to do with the charges against Megahed, 22, which are illegally transporting explosive materials across state lines and illegal possession of an explosive device. They also said prosecutors violated a rule by giving them the evidence after a set deadline.

The judge ruled in favor of the defense on Friday and granted their exclusion request. Prosecutors immediately filed an appeal.

Merryday said last week that if the trial didn't happen today, he would reconsider his decision to hold Megahed in custody.

In September, Magistrate Judge Elizabeth Jenkins granted that Megahed could be released on $200,000 bail, with conditions. Prosecutors objected and appealed her ruling to Merryday. 

This morning, Merryday vacated his order to detain Megahed and referred the issue of bail back to the magistrate judge. She now has the authority to uphold her initial decision and release him.

"Unfortunately our trial will be delayed," said Adam Allen, Megahed's public defender. "We're happy that he'll no longer have to be in such restrictive confinement."

Kevin Graham, Times staff writer