Judge apologizes to ex-terror defendant

http://www.kentucky.com/mld/kentucky/news/breaking_news/11203455.htm

A federal judge apologized on behalf of the U.S. government Tuesday to a Moroccan immigrant who was tried on terrorism charges in a case marred by prosecutorial misconduct, including the withholding of evidence.

He and three other immigrants had been accused of being part of a "sleeper" cell and charged with conspiracy to provide material support or resources to terrorists. The charges followed a raid on a Detroit apartment six days after the Sept. 11, 2001, attacks.

"I would be remiss if I did not say that some procedures that are normally followed in criminal cases were not followed in this case," Rosen said of the terrorism case, "and for that you have the apology of the United States government."

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But in September, three years after the men were first arrested and jailed, the U.S. attorney's office admitted widespread prosecutorial misconduct in the case, saying potentially exculpatory evidence was not shared with the defense. At the government's request, Rosen dismissed the terrorism charges and ordered a new trial on the document fraud charges.