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WNYT TV ALBANY - Aug. 9, 2005
Albany terror suspects appear in court
Trial still months away
By BILL LAMBDIN
The two Albany men arrested on terrorism charges a year ago were back in court Tuesday morning. Twelve months later their case is still not close to being tried before a jury.
It commanded national attention -- the imam of an Albany mosque and one of his followers implicated in a money laundering scheme tied to a plot to assassinate a Pakistani diplomat. That was the allegation, which is sharply denied by the defense. Today, the government is still months away from offering its proof.
Although many defendants bring their spouse for support in court appearances, not many tote along young children. But that's how Imam Yassin Aref came to federal court Tuesday.
“My client spends all day, every day, with his children. He's restricted to home and to a small orbit around it and I don't think he goes anyplace without his kids these days. It's the circumstances under which he's living. They're not normal,” defense attorney Terry Kindlon said.
Aref and Mohammed Hossain are accused of trying to launder money connected to the sale of a shoulder-fired missile from a government informant in a terrorist sting last year.
They've pleaded not guilty and were bailed out by the Masjid As-Salam religious community, which continues to support them strongly.
In court Judge Thomas McElvoy said he was "a little more confident than the last time we got together" about the government's case against the two men.
Much of that case apparently involves classified documents that their attorneys have still not been able to examine even 12 months later. The judge indicated the defense should now be able to start looking at the material.
The judge says a trial should start early next year…..
http://www.wnyt.com/x4622.xml?ag=x156&sb=x183
Newsday - August 9, 2005
Judge sets calendar toward mosque leaders'
trial on terror counts
By MICHAEL VIRTANEN
ALBANY, N.Y. -- A federal judge set a tentative calendar Tuesday that would mean trial early next year for two prominent members of an Albany mosque accused in 2004 of supporting terrorism, but first he'll have to decide what evidence to keep secret.
At a status conference, U.S. District Judge Thomas McAvoy said prosecutors have filed "the bulk of the material" for his review, and a motion on what they want restricted under the Classified Information Procedures Act.
Most remaining evidence against Yassin Aref and Mohammed Hossain should be filed by Oct. 11, when McAvoy said he'll set a schedule for pretrial motions. Those are expected to address admissibility and secrecy.
Hossain's attorney, Kevin Luibrand, told the judge it will take some time to review the prosecution material and file motions, and they haven't even received security clearances yet.
In court papers filed Tuesday, prosecutors argued that some disclosures would threaten national security because the case centers on proceeds from the supposed sale of a surface-to-air missile to jihadists to kill a Pakistani ambassador in New York City. They argue that both Hossain and Aref were aware of the proposed attack.
Prosecutors also say Hossain at one point was asked by an undercover informant whether he would help al-Qaida. The court documents said his response was: "Of course. We're gonna help them in some degree and point. Not in a way by helping them damage our Islam more than they do."
Luibrand said the defendants dispute some transcripts, and Hossain said last week Islam is against such violence and terrorists are "brainwashed."
The defendants remain free on $250,000 bond each, charged with money laundering and supporting terrorism after a yearlong FBI sting using the informant. Prosecutors said that under sentencing guidelines the men face from 17-and-a-half to almost 22 years in prison if convicted. Prosecutors also said Aref was the real target of the FBI sting, to determine if he was involved in terrorist activity.
A dozen mosque members came to federal court to show support. Several said neither family man is a terrorist. "He always preaches how peaceful the core of the religion is," Betul Dinc said of Aref.
Aref and Hossain spent almost three weeks in jail from their arrests Aug. 5, 2004, until friends and mosque members pledged property for the bail bonds.
Besides running his pizzeria, Hossain, a naturalized U.S. citizen from Bangladesh and father of five, works as landlord to five buildings he owns.
Aref, a Kurdish refugee from northern Iraq and father of three, has led prayers and taught at Masjid As-Salam since its founding more than five years ago. After applying to the United Nations for relocation as a refugee, he was sent to Albany. He said he'd been studying religion in Syria, where he had taken his family in 1995 to escape fighting in his homeland.
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