Evidence Issue Could Sink Successful Anti-Terror Case
The Bush administration’s first major post-Sept. 11 prosecution, which broke up a terrorist cell in Detroit, is in danger of unraveling after the Justice Department disclosed it failed to turn over evidence that could have helped the defense.
The evidence includes a letter from an imprisoned drug gang leader who says the government’s key witness admitted making up some of his story.
The December 2001 letter, which could have been used to challenge the prosecution witness during the trial this spring, wasn’t turned over until two weeks ago.
The defendants are asking that their convictions be overturned, and the judge has scheduled an emergency hearing today to demand an explanation from the government.
“It has come to the attention of the court that the government has recently provided defendants with certain material that was not provided to defendants either prior to or during trial of this matter,” U.S. District Judge Gerald Rosen said.
Prosecutors must turn over all evidence that can be used to impeach the testimony of prosecution witnesses or to prove innocence.
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