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Report Scolds Terrorism Prosecutors

The general prosecution theory was that the men were part of a fundamentalist "sleeper cell" who had been caught with materials indicating that they had been casing a U.S. air base in Turkey and a Jordanian hospital as possible targets of terrorist attacks.

But the report raises serious questions about the veracity of most of the key evidence and testimony at the heart of the case. It includes strong indications that a videotape and sketches portrayed as terrorist surveillance material may have been nothing more than tourist footage and innocent doodling. Prosecutors also failed to inform defense attorneys that many U.S., Turkish and Jordanian officials had doubts about various aspects of the case, the report said.


James Thomas, with fellow lawyers Bill Swor, left, and Richard Helfrick, center, talks to reporters in Detroit after they filed a motion to dismiss convictions against three terrorism suspects. (Carlos Osorio -- AP)

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The report also raises doubts about the testimony of star prosecution witness Youssef Hmimssa, an admitted credit card fraud artist who alleged the defendants were Islamic fundamentalists involved in terrorist activities.

The central figure in the Morford probe is Convertino.

In one incident, Morford contends that Convertino "made a deliberate decision not to have the FBI take any notes" during debriefing sessions with Hmimssa to limit defense attorneys' ability to challenge his statements. Prosecutors in Detroit and at Justice Department headquarters argued against this unorthodox approach, the memo says.

In another instance, the report alleges that Convertino may have elicited "misleading testimony" from an FBI agent and others, leading Rosen and defense attorneys to believe that photographs that should have been turned over did not exist.

Keith Corbett, Convertino's supervisor and co-counsel, who also was removed from the case, told investigators that "he would not have participated" if he had known about much of the information that was not disclosed to defense attorneys. Corbett declined to comment yesterday.

Staff writer Allan Lengel contributed to this report.


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