http://news.yahoo.com/s/ap/20080122/ap_on_re_us/padilla_terror_charges
 

Jose Padilla is sentenced to 17 years 


By CURT ANDERSON, AP Legal Affairs Writer 9 minutes ago 

Jose Padilla, once accused of plotting with al-Qaida to blow up a
radioactive "dirty bomb," was sentenced Tuesday to 17 years and four months
on terrorism conspiracy charges that don't mention those initial
allegations.

The sentence imposed by U.S. District Judge Marcia Cooke marks another step
in the extraordinary personal and legal odyssey for the 37-year-old Muslim
convert, a U.S. citizen who was held for 3 1/2 years as an enemy combatant
after his 2002 arrest amid the "dirty bomb" allegations. He had faced up to
life in prison.

Cooke also imposed prison terms on two other men of Middle Eastern origin
who were convicted of conspiracy and material support charges along with
Padilla in August. The three were part of a North American support cell for
al-Qaida and other Islamic extremists around the world, prosecutors said.

Padilla was added in 2005 to an existing Miami terrorism support case just
as the U.S. Supreme Court was considering his challenge to President Bush's
decision to hold him in custody indefinitely without charge. The "dirty
bomb" charges were quietly discarded and were never part of the criminal
case.

Cooke sentenced Padilla's recruiter, 45-year-old Adham Amin Hassoun, to 15
years and eight months in prison and the third defendant, 46-year-old Kifah
Wael Jayyousi, to 12 years and eight months. Jayyousi was a financier and
propagandist for the cell that assisted Islamic extremists in Chechnya,
Afghanistan, Somalia and elsewhere, according to trial testimony. Both also
faced life in prison.

The men were convicted after a three-month trial based on tens of thousands
of FBI telephone intercepts collected over an eight-year investigation and a
form Padilla filled out in 2000 to attend an al-Qaida training camp in
Afghanistan. Padilla, a former Chicago gang member with a long criminal
record, converted to Islam in prison and was recruited by Hassoun while
attending a mosque in suburban Sunrise.

Padilla sought a sentence of no more than 10 years. Hassoun asked for 15
years or less and Jayyousi for no more than five years.

Padilla's arrest was initially portrayed by the Bush administration as an
important victory in the months immediately after the Sept. 11, 2001, terror
attacks, and later was seen as a symbol of the administration's zeal to
prevent homegrown terrorism. Prosecutors repeatedly invoked al-Qaida and
Osama bin Laden in the criminal case

Civil liberties groups and Padilla's lawyers called his detention
unconstitutional for someone born in this country and contended that he was
only charged criminally because the Supreme Court appeared poised to order
him either charged or released.

Jurors in the criminal case never heard Padilla's full history, which
according to U.S. officials included a graduation from the al-Qaida terror
camp, a plot to detonate the "dirty bomb" and a plot to fill apartments with
natural gas and blow them up. Much of what Padilla supposedly told
interrogators during his long detention as an enemy combatant could not be
used in court because he had no access to a lawyer and was not read his
constitutional rights.

Padilla's lawyers argued for a lenient sentence, in part because of his
minor role in the conspiracy that was the subject of last year's trial and
because of claims that he was mistreated and tortured while he was held at a
Navy brig in Charleston, S.C. U.S. officials denied those claims repeatedly.

Attorneys for Hassoun and Jayyousi argued that any assistance they provided
overseas was for peaceful purposes and to help persecuted Muslims in violent
countries. But FBI agents testified that their charitable work was a cover
for violent jihad, which they frequently discussed in code using words such
as "tourism" and "football."



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