Joshua Dratel

The trial of the “Miami Seven” results in a deadlocked federal jury after nine days of deliberations, with one man, Lyglenson Lemorin, acquitted and a mistrial declared for the other six. The men each faced four terrorism-related conspiracy charges that carry a combined maximum of 70 years in prison. The charges relate to an alleged terrorist cell formed by the men, who hoped to forge an alliance with al-Qaeda to carry out bombings against the Sears Tower in Chicago, the FBI’s Miami office and other federal buildings (see June 23, 2006). The group operated out of a warehouse in the Liberty City section of Miami. [Guardian, 12/13/2007] The arrests of the men in 2006 were heralded as a major victory for the Bush administration’s “War on Terror.” Then-US Attorney General Alberto Gonzales warned that, if “left unchecked, these homegrown terrorists may prove to be as dangerous as groups like al-Qaeda.” The alleged plot was used as an example of the government’s post-9/11 improvements to counter-terrorism methods. The men were members of the Moorish Science Temple, a sect that blends Islam, Christianity and Judaism and does not recognize the legitimacy of the US government. The majority of the evidence in the case came from an FBI Middle Eastern informant, Elie Assad, posing as an al-Qaeda operative named “Brother Mohammad.” He had worked for the FBI for years before he approached Narseal Batiste, the alleged ringleader. Among the evidence he obtained was a recording from March 16, 2006 in which the men vowed to act as “Islamic soldiers” for al-Qaeda. Other evidence included a further 12,000 recorded conversations, including one in which Batiste spoke of waging a “ground war.” The prosecution also presented surveillance photos some defendants took of federal buildings in Miami, wish lists of weapons, and a request for $50,000 made to the informant. Batiste claimed during the trial that he was conning the informant, just as the informant was conning him. He says he was desperate for money to aid his failing construction business, so he went along with the informant in hopes of tricking him into giving him $50,000. [Time, 12/13/2007] The mistrial and acquittal is considered a major loss for the government and its strategy of pre-emptive prosecution of suspected terrorists. The jury of six men and six women twice sent notes to the presiding judge indicating they could not reach verdicts but were told to keep trying. The mistrial came after their third vote. [Guardian, 12/13/2007] The jury foreman, Jeffrey Agron, says, “It was a very difficult case with a lot of evidence… people see evidence in different ways. There were different takes that people had.” A large part of the defense was based on the extensive FBI involvement in the plot: the warehouse was paid for by the FBI and the defendants moved their operations there at the suggestion of the FBI informant. The vows to al-Qaeda were instigated by the informant, who even suggested the bombing of the Miami FBI office. Defense attorney Albert Levin says, “The case was written, produced and directed by the FBI.” Attorney Joshua Dratel, who has defended several suspects in terrorism cases, says: “[A]re we interested in finding terrorists or creating them? Even in cases where people are found guilty, I’m not sure that [this strategy] is necessarily finding people who are a genuine danger. What it’s really doing is finding people who—with enough inducement and encouragement—may do something. But whether they would ever do anything on their own, we’ll never know.” A new trial is scheduled for next year. [Time, 12/13/2007]