Vol. 72/No. 1      January 7, 2008

The men, known as the Liberty City Seven, were arrested in June 2006 in Miami’s main Black community. They were accused of providing material support to al-Qaeda in a plot to blow up the Sears Tower in Chicago, an FBI office in Miami, and other federal buildings. Each was charged with four counts of “conspiracy to commit terrorism.” They could have been sentenced to as long as 70 years in prison.

The FBI bragged at the time of the original indictment that this was “yet another important victory in the war on terrorism.’’ The government’s case was built on the testimony of paid FBI informers. No weapons or bomb-making materials were found in searches following the arrests.

The seven have been held in federal detention since their arrest and remain jailed awaiting a new trial, which will begin January 7.

The government based its case on the work of two informers, Elie Assad and Abbas al Saidi, who posed as members of al-Qaeda. Assad succeeded in persuading the seven defendants to take a loyalty oath to al-Qaeda, which was videotaped and used by the government in the trial. He was paid $80,000 by the FBI.

Al Saidi promised to furnish the men with money and supplies for the alleged plot. During the nine-month operation the informers received more than $130,000 plus hotel lodging and expenses, according to defense attorney Ana Jhones. The defendants each received a pair of boots.

The accused ringleader of the seven, Narseal Batiste, testified during eight days on the stand that he was just trying to get money from the informers to start a construction business.

At the end of the two-month trial, U.S. District Judge Joan Lenard instructed the jury to follow federal anti-terrorism laws even if they disagreed with them.

During nine days of deliberations the jury, which included Blacks, Latinos, and whites, sent two notes to the judge indicating that the members could not reach a verdict. They were told to keep trying.

The mistrial was declared after a third note was sent to the judge saying, “We believe no further progress can be made.”

The defendant who was found not guilty, Lyglenson Lemorin, remains in detention under Department of Homeland Security orders. He is a Haitian immigrant and legal U.S. resident for 20 years. Lemorin could be tried in immigration court, where standards of proof are lower than criminal court, on the same conspiracy charges of which he was just acquitted.  
 
 
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