Pile of evidence grows in Triangle terrorism case
Posted February 19, 2010 4:52 p.m. EST
Raleigh, N.C. — The amount of evidence continues to grow in the case of seven area men accused of terrorist activities, and defense lawyers said Friday that they might not be able to sift through it all in time for a trial this fall.
Daniel Patrick Boyd, 39, his sons, Dylan Boyd, 22, and Zakariya "Zak" Boyd, 20, and four other men – Hysen Sherifi, 24, Mohammad Omar Aly Hassan, 22, Ziyad Yaghi, 21, and Anes Subasic, 33 – were indicted in July on charges that they plotted to murder, kidnap, maim and injure people overseas.
An eighth suspect, Jude Kenan Mohammad, 20, is believed to be in Pakistan.
Daniel Boyd and Sherifi also are charged with planning an attack on the Marine Corps base in Quantico, Va.
Defense attorneys said Friday that federal authorities recently seized 22 computers in the case. Any evidence on those computers would be on top of 29,000 pages and 749 hours of audio and video recordings that prosecutors have already turned over, the defense attorneys said.
Also, the defense hasn't yet seen any evidence that the government has classified for national security purposes. Attorney Dan Boyce, who represents Hassan, said it will be hard to prepare a defense without knowing how much more material he and his fellow defense attorneys will have to review.
"We don't know if it's going to be the size of a breadbox, or the size of this (courtroom)," Boyce told U.S. Magistrate James Gates.
In December, Chief U.S. District Judge Louise Flanagan set a Sept. 20 trial date in the case.
There was also a dispute Friday over transcribing the evidence.
Defense attorneys want everything transcribed, but they don't want to then hand it over to prosecutors, fearing they could use sections against their clients. Prosecutors don't want a comprehensive transcript, and neither side could agree on who would pay for the transcription.
Gates said there needs to be one transcript that could be referenced by prosecutors, defense attorneys, the judge and the jurors during the trial.