18 October 2001

Embassy Bombers Head to Jail for Life

(Four guilty in U.S. Embassy bombings, terrorism sentenced)

By Judy Aita Washington File Staff Correspondent

New York -- The four men found guilty for their part in al Qaeda's worldwide conspiracy to kill Americans anywhere in the world and the bombings of two U.S. embassies in East Africa in August 1998 were sentenced October 18 to spend the rest of their lives in federal prisons.

The four were sentenced October 18 by Judge Leonard Sand in the Federal Court House in southern Manhattan just a few blocks from the site of the World Trade Center twin towers, where more than 5,000 were killed in al Qaeda's latest and deadliest attack on September 11. Sentencing of the four was to begin on September 12 but was rescheduled until the area was cleaned and facilities restored.

As the four heard their sentences in the crowded, heavily guarded courtroom, rescue workers continued their round-the-clock efforts to sift through the burning rubble to find some trace of the thousands still unaccounted for.

Sentenced were Wadih El Hage, Mohamed Sadeek Odeh, Mohamed Rashed Daoud Al-'Owhali, and Khalfan Khamis Mohamed. They are the first terrorists who caused the deaths of American citizens abroad to be convicted in a U.S. court.

The sentencing was almost anticlimactic, with no surprises. The seriousness of the crimes mandated life sentences without parole. Nevertheless, the judge heard pleas for "downward departure" or lesser sentence for El Hage and Odeh, both of whom made statements before the court and proclaimed their innocence. Lawyers for Odeh and Al-'Owhali said they would appeal the verdicts on behalf of their clients.

Where, when, and how the convicts will be sent to spend the rest of their lives is up to the U.S. Bureau of Prisons and was not discussed in the courtroom.

Odeh and Al-'Owhali had been found guilty of murder in the deaths of 213 persons in the attack on the U.S. Embassy in Nairobi, Kenya, on August 7, 1998, and Mohamed found guilty of murdering 11 persons in the almost simultaneous attack in Dar es Salaam. El Hage had been found guilty of three counts of conspiracy to murder Americans, especially U.S. government employees, and destroying government property. He was also found guilty of 18 counts of perjury for lying before 1997 and 1998 federal grand juries investigating al Qaeda, its leader Usama bin Laden, and the embassy bombings.

The four were found guilty May 29 on all 302 charges brought against them for plotting and carrying out the bombings, plotting to kill Americans anywhere in the world, and lying to cover up the terrorist organization al Qaeda and shield bin Laden. The trial began on February 5.

The sentencing hearing began with five bombing victims taking the stand to talk of the loss, pain, endless medical treatment, and heartache that they, their families, and their friends continue to suffer as a result of the terrible crimes.

There is "nothing you or the state can do to soothe the sorrow" caused by the bombings, said Susan Hersch. "But we look to the state to know these individuals will be prevented from injuring others for the rest of their lives."

Howard Kavaler, whose is raising his two daughters alone since his wife Prabhi was killed, said that "America welcomed Wadih El Hage with open arms to live his life, but he showed no mercy in return." For that, he said, El Hage "should spend the rest of his life in isolation with humanity united in the view that he is an infidel to Islam, despised by all, honored by none."

Sentencing Mohamed first, Judge Sand noted that the jury had said that they were "unable to reach a unanimous verdict either in favor of a life sentence or in favor of a death sentence for any of the capital counts. We understand that the consequence of this is that Khalfan Khamis Mohamed will be sentenced to life imprisonment without the possibility of release."

He said that in deciding for life in prison, three jurors said that the life sentence was "harsher punishment than death. That fact is true and appropriate."

Sand reminded Mohamed that the jury had painstakingly listened to the testimony, scrutinized the evidence, and made its decision. "You could not equal the jury in terms of diversity or race, gender, ethnicity, social and economic status, and education. The jury was indeed a cross section of the community."

Convicted of murdering 11 in the bombing of the U.S. Embassy in Dar es Salaam, K.K. Mohamed, 27, a Tanzanian, was characterized by his defense lawyers as a fool, pawn, and low-level worker for al Qaeda members.

In a statement to the FBI after being arrested in South Africa a year after the bombing, Mohamed told how he purchased the truck used to transport bomb materials, rented the house that was used as the bomb factory, and helped grind the TNT used in the Dar es Salaam bomb. He helped load the bomb on the truck and rode in the truck part of the way to the embassy.

Although it will have no practical effect, Mohamed was also sentenced to an additional 30 years for other counts in the indictment and fined $26,600. He and the other three were also ordered to pay $33 million in restitution to the victims.

Through his attorney, Odeh reasserted his innocence and again acknowledged that he had been a member of the militant wing of al Qaeda to fight oppression in Afghanistan and Somalia and had no remorse for that. But he does regret the loss of life by civilians, said Anthony Ricco.

In a statement he read in court in Arabic Odeh criticized the United States for its recent attacks on Afghanistan and for the conduct of his five-month trial.

"To Allah we belong and to him we return," Odeh said. "God help me in my calamity and replace it with goodness. In God I rely and I place my trust."

Odeh, a 36-year-old Palestinian born in Jordan, was a sworn member of al Qaeda. He was set up in a fishing business in Mombasa to help support al Qaeda members in Kenya and, trained in explosives, was a technical advisor to al Qaeda's East Africa cell. He was stopped trying to enter Pakistan with a fake passport on the day of the bombing and returned to Kenya.

In a confession to an FBI agent in Nairobi, Odeh admitted he had received firearms and explosives training in Afghanistan in al Qaeda camps. Odeh said that he spent the days before the bombing with members of the bomb team in a Nairobi hotel but denied knowing about the plot.

Judge Sand also rejected El Hage's petition for a less severe sentence, saying that being a "facilitator" that enabled al Qaeda to operate was not less serious than the crimes of the others. "That is not a set of values I would subscribe to," he said. "A facilitator of what? Of a conspiracy to kill Americans."

El Hage spoke for more than 20 minutes, first talking in philosophical terms about the nature of the universe, Islam, and his commitment to be a Muslim. He then mentioned his own experience in going to the United States for an education, meeting his wife and raising his children, and then going to Afghanistan to help fellow Muslims.

He protested his confinement since September 1998 when he appeared before a grand jury. "It is not fair to ask anyone to prepare a defense against these charges away from my family," El Hage said.

"I did nothing wrong. I hope one day the truth will come out in my life. God will judge," he said.

U.S. Attorney Patrick Fitzgerald, the lead prosecutor, took the unusual step to speak out at the hearing against El Hage.

Calling El Hage a liar and traitor to his adopted country, Fitzgerald said El Hage talked of choice. "He chose to work with al Qaeda. He chose to work with terrorist groups. He chose to lie to the grand jury. He chose to lie to the government."

Fitzgerald said El Hage was told the government knew of his involvement with Usama bin Laden and knew that bin Laden would kill Americans, including women and children, and asked him to cooperate or go to jail.

"As an American father and husband, he chose terror and hatred over family," Fitzgerald said. "He claims to be a citizen, but he is not a true American. He claims to practice Islam, but he is not a true Muslim."

El Hage "showed no remorse, no shame, no conscience," Fitzgerald said. "He betrayed his country, religion, humanity. As he goes to the jail cell of his making, he will recognize the world knows exactly what he did."

El Hage was also fined $2,100, ordered to pay the $33 million restitution, and had more than 60 years tacked on to his life sentence for the perjury convictions.

El Hage, 40, a naturalized U.S. citizen born in Lebanon, was not charged in the bombings. He was secretary to bin Laden when al Qaeda was headquartered in Sudan, and the government presented evidence to show that El Hage -- contrary to defense claims that he was involved in legitimate business activities on behalf of bin Laden and Muslim causes -- actually was an al Qaeda facilitator who traveled making arrangements for weapons shipments, raising money for terrorist operations, and delivering messages. He also headed al Qaeda's cell in Nairobi before returning to the United States in 1997.

Neither Al-'Owhali nor his attorney made any statement before sentencing. Facing the death penalty, Al-'Owhali knew he would get life in prison June 12 when the jury did not agree that the appropriate punishment was death. One of the reasons against the death penalty cited by 10 jurors was the fact that execution would make Al-'Owhali a martyr for al Qaeda's cause.

In addition to his mandatory sentence of life in prison without the possibility of parole, Al-'Owhali received an additional 40 years for other crimes and was assessed $26,600.

Al-'Owhali, a 24-year-old Saudi Arabian, rode in the Nairobi bomb truck and was supposed to die in the blast. Al-'Owhali had distinguished himself so well as a fighter for al Qaeda in Afghanistan that he was called to meet with Usama bin Laden, where he asked for a special mission. He then was trained in Afghanistan for the Nairobi attack.

In a statement to FBI agents after being arrested in Nairobi, Al-'Owhali detailed his role in the bombing: His job was to force the embassy guards to open the gate so that the driver could get the truck close to the building; he was then to throw hand grenades to scatter passersby. If the driver was unable to detonate the bomb, Al-'Owhali was to do so manually from the back of the truck. He ran from the bombing when he realized that his mission had been accomplished and to die at that point would be suicide not martyrdom, Al-'Owhali said in his confession.

The four men are part of a group of 22 charged in the bombings. Two others are also in custody in the United States: Ali Mohamed pled guilty in October 2000 to the conspiracy and Mamdouh Mahmud Salim was tried for attempting to murder a prison guard in Manhattan. Three others -- Khalid al Fawwaz, Ibrahim Eidarous, and Adel Abdel Bary -- are in custody in London, where they have been ordered extradited to the United States but have appealed the ruling.

Thirteen others, including Usama bin Laden, remain at large and are on the U.S. "most wanted" list of terrorists. Even as the United States leads an attack on Afghanistan for the ruling Taliban's role in hiding bin Laden and many al Qaeda fighters, there remains a $5 million reward for information leading to the apprehension and prosecution of each of the 13 fugitives.