Jury
Rejects Death for Embassy Bomber
NEW
YORK, June 12 -- A federal jury sentenced a Saudi Arabian man
convicted of bombing the U.S. embassy in Kenya three years ago to
life in prison without parole today after deadlocking over whether
to impose the death penalty in part out of concern it would create
a martyr.The decision came as a blow to the United States in its
first attempt to seek a death sentence for terrorism committed
against U.S. citizens in a foreign country."The government
sought the death penalty because it concluded that it was the just
punishment for this defendant and his crime," U.S. Attorney
Mary Jo White said. "But the imposition of the death penalty
is uniquely a matter for the jury to decide and we respect their
verdict."After !
five
days of deliberations, the jury of seven women and five men said
it was unable to agree that Mohamed Rashed Daoud Owhali, 24,
should be put to death for his role in helping to manufacture and
deliver the truck bomb used against the U.S. Embassy in Nairobi on
Aug. 7, 1998. The attack, and a near-simultaneous bombing of the
U.S. Embassy in Dar es Salaam, Tanzania, killed 224 people, 12 of
them Americans, and wounded 4,600 others.Owhali and three other
men were convicted May 30 of plotting the embassy attacks as part
of what U.S. prosecutors allege is a terrorist conspiracy led by
millionaire Saudi exile Osama bin Laden, who is believed to be
living in Afghanistan.Ten of the 12 jurors -- whose identities
have not been made public -- noted on a verdict sheet used to
reach their decision that they believed executing Owhali could
"make him a martyr" for terrorist groups. Nine said the
death penalty would not ease the victims' suffering, while smaller
numbers justified their!
positions
on other grounds, including some who concluded that life in prison
is a greater punishment and others who said he should not be put
to death because of his early indoctrination into a radical brand
of Islam."We the jury do not unanimously find that the death
sentence is appropriate," the jury decided. "We
understand that the consequence of this is that Owhali will be
sentenced to life imprisonment without the possibility of release."The
sentence followed more than three months of testimony in the trial
and the most extensive FBI investigation ever on foreign soil. It
came one day after the jury sent a note to Judge Leonard Sand
indicating that there was not unanimous support for the death
penalty.The jury will begin considering Tuesday whether to impose
the death penalty on a Tanzanian man, Khalfan Khamis Mohamed, 27,
who participated in the Dar es Salaam bombing.Mohamed and Owhali
are among four men convicted last month on 302 counts of murder,
perjury and !
conspiracy
to kill Americans outside the United States. Wadih Hage, 40, a
naturalized U.S. citizen born in Lebanon, and Mohamed Saddiq Odeh,
35, of Jordan, face life sentences for their crimes. A fifth
alleged member of the conspiracy, Mahmoud Mahmud Salim, is in
custody in New York awaiting trial.Some counter-terrorism experts
said the jury's decision could aid the battle against terrorism in
the long run. They argued that Owhali's execution would not only
have failed to deter future terrorist attacks but also could have
inspired other Islamic militants to strike out against the United
States to avenge his death.Paul R. Pillar, the CIA's national
intelligence officer for the Near East and South Asia, said the
jury's decision could make it easier for many European allies to
increase cooperation with the United States in fighting terrorism.
A number of European allies, Pillar said, are prohibited from
extraditing suspected terrorists to the United States or
cooperating in t!
errorist
investigations when they could face the death penalty. This
decision, he said, could help ease those concerns. South Africa's
constitutional court ruled earlier this month that the South
African government's decision to surrender Mohamed to the FBI in
1999 is unlawful because South Africa does not have a death
penalty. Judge Sand said today that the jury can weigh the South
African court ruling in determining whether to impose the death
penalty on Mohamed.Owhali, wearing a white skull cap, sat calmly
in the U.S. Federal Courthouse in Manhattan as the verdict was
read, then turned to his attorney, Fredrick Cohn, and asked,
"Are you happy?"Several feet away, Sue Bartley, who lost
her husband and son in the bombing, wiped her eyes. "The
ultimate sentencing was not what we hoped to have. At least we can
be peaceful with the fact that Owhali will not be free to harm
anyone else," Bartley said later.Other relatives of victims
also expressed disappointment."I know !
my daughters and I would have been given the
opportunity to experience a certain sense of closure were Mr.
Owhali sentenced to death," said Howard Kavaler, a U.S.
foreign service officer whose wife, Prabhi, died in the bombing.
"We are extremely disappointed with the fact that the jury
accepted some or all of the patently false and dishonest arguments
advanced by the defense to save the life of a convicted mass
murderer."
Staff writers Vernon Loeb and Dan Eggen
in Washington contributed to this report.
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