Judge OKs Evidence in Terrorism Trial

The judge in the terrorism trial of Ahmed Ressam ruled Tuesday that the jury can hear evidence that a foreign government concluded Ressam was only a courier in an alleged millennium bomb plot.

U.S. District Judge John Coughenour also rejected prosecutors’ efforts to have a Canadian intelligence official testify by closed-circuit television about wiretapped phone conversations between Ressam and other potential co-conspirators in the alleged terrorist conspiracy.

The issues were discussed outside the jury’s presence and involved classified information gathered by domestic and foreign intelligence officials in various countries. As a result, little detail about either of the issues was divulged in open court, including which country submitted the report to U.S. authorities and on what it was basing its conclusions.

However, Coughenour, in his ruling, said that defense lawyers will be allowed to summarize the report, including the specific reference to Ressam as a courier.

Defense lawyers have contended that Ressam was a bit player in a terrorist plot foisted by fellow Algerian expatriates living in Canada whom he became friendly with after moving to Montreal in 1994. They say he didn’t know about more than 130 pounds of explosive materials found in the trunk of his rental car when he was arrested at the U.S.- Canadian border Dec. 14, 1999, or didn’t realize their significance.

Prosecutors contend that Ressam was instrumental in a plot to attack U.S. targets on or around Jan. 1, 2000, and helped assemble the explosives.

No bombs were detonated, but authorities allege that Ressam and at least four Islamic extremists were involved in a plot to blow up unspecific targets during millennium celebrations to punish America.

Coughenour ruled that much of the foreign government report that portrayed Ressam as a bit player will remain classified--even to defense lawyers. Top Justice Department officials have refused to share the full report with the defense, citing national security interests.

One of Ressam’s three public defenders, Thomas Hillier, told Coughenour the report was of particular importance if it was submitted by France, Algeria or Canada--three countries that have extensively investigated an Algerian terrorist organization to which Ressam has been linked.

“If it’s Bali, that’s one thing,” said Hillier. “If it’s Canada, France or Algeria, it’s another.”

“It’s not,” said Coughenour, adding that another country submitted the report. He said that although he believes the information contained in the report is of modest relevance to the case that Ressam’s lawyers are entitled to mention it in Ressam’s defense.

Prosecutors and defense lawyers had no comment on the significance of Coughenour’s ruling, or on his decision to exclude the closed-circuit testimony of the Canadian intelligence official.

The wiretaps of phone conversations that allegedly included Ressam came to the attention of U.S. authorities only in recent weeks, when Canadian officials forwarded a voluminous report to prosecutors that included transcripts of the conversations.

Canadian authorities conceded that the actual tapes have been destroyed. They also refused to compel an unidentified intelligence agent to travel to Los Angeles to testify about what he heard on them.

Assistant U.S. Atty. Jerry Diskin asked Coughenour to allow the agent to testify from Canada, in silhouette to protect his or her identity. Coughenour angrily rejected that motion.

“Do you seriously believe any judge in this country would allow that. . . ?” Coughenour asked, adding that it deprived Ressam’s lawyers of the ability to forcefully cross-examine the witness.

Coughenour also criticized the Canadian government, saying he was very troubled that the tapes were destroyed. “I’m also concerned the person who heard what was said . . . is unwilling to have his or her identity revealed or to sit on this witness stand,” the judge said.

Irene Arseneau, a spokeswoman for Canada’s Justice Department, said she could not comment on why the tapes were destroyed or on any aspect of the ongoing case.

Meanwhile, U.S. State Department officials confirmed Tuesday that one of Ressam’s alleged co-conspirators, Abdelmajid Dahoumane, has been arrested in Algeria.

The United States has no extradition policy with Algeria, and federal authorities have for months been trying to gain access to Dahoumane, or to monitor interrogation of him by Algerian authorities. He has been indicted in the United States for allegedly helping Ressam assemble the bomb components in a Vancouver motel room.