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Embassy bomber sentenced to life in prison
By From Phil Hirschkorn NEW YORK -- A federal jury Tuesday sentenced one of the men convicted in the 1998 U.S embassy bombings in Africa to life in prison without the possibility of parole, sparing him the death penalty. Mohamed al-'Owhali, a 24-year-old Saudi, could have been the first federal defendant sentenced to death for crimes committed outside of the United States, but the jury could not agree on imposing that sanction and cited several mitigating factors. Mohamed al-'Owhali, a 24-year-old Saudi, could have been the first federal defendant sentenced to death for crimes committed outside of the United States, but the jury could not agree on imposing that sanction and cited several mitigating factors.
"We the jury do not unanimously find that the death sentence is appropriate," the jury said in issuing its verdict. "We understand that the consequence of this is that al-'Owhali will be sentenced to life imprisonment without the possibility of release." In a complex death-verdict form, the multi-racial panel of seven women and five men was required to address and answer a list of 18 mitigating factors in determining the sentence. Among the mitigating factors jurors found most compelling: Ten jurors said al-'Owhali was motivated by sincere religious beliefs, including the view that his offenses would save other Muslims, and was influenced by Osama bin Laden who viewed embassies as legitimate military targets. Bin Laden is the head of the al-Qaeda, a network suspected of international terrorist activities, and according to prosecutors was the mastermind of the bombings. Ten jurors said executing al-'Owhali would make him a martyr for al-Qaeda's cause. The jury's sentence was hailed by defense attorneys but criticized by family members who lost loved ones in the bombing. Howard Kavaler, who lost his wife in the blast, described himself as "extremely disappointed" the jury decided "to save the life of a convicted mass murderer." "Unfortunately, an opportunity was missed to send an unambiguous message to the malcontents of the world intent on terrorizing the United States and its citizens abroad," he said. Kavaler and his wife were State Department employees assigned to the embassy in Nairobi. He survived the blast without injury. "Mr. al-'Owhali's life was deemed more precious than that of my wife and 212 innocent people slaughtered in Nairobi," Kavaler said. Defense co-counsel David Baugh, who took the lead in the sentencing phase, credited the verdict to the "power of citizens." "It was a wonderful testament to the idea of having 12 good citizens determine guilt or innocence, and also appropriate punishment for someone who was convicted," Baugh said. The jury deliberated the fate of al-'Owhali for four days after finding him guilty of carrying out with others the August 7, 1998, bombing of the U.S. Embassy in Nairobi, Kenya, and of killing the 213 people who died from the explosion. Al-'Owhali was one of two defendants eligible for the death sentence. U.S. District Judge Leonard Sand set a sentencing date for September 12. A judge typically follows the jury's decision. Khalfan Khamis Mohamed, 27, a Tanzanian, was convicted of carrying out a nearly simultaneous truck bombing at the American embassy in Dar es Salaam, Tanzania, where 11 people died, and is eligible for the death penalty. The sentencing phase for him begins next week. Al-'Owhali's defense focused on the anger he and other bin Laden followers had toward the United States for its treatment of Iraq through air strikes and sanctions since the Gulf War. In listing other mitigating factors for not seeking the death penalty for al-'Owhali, five jurors said that they were persuaded he was indoctrinated in extremist Muslim teachings promoting jihad, or holy war, and martyrdom during his formative years. Eight jurors noted that other men indicted in the worldwide terrorist conspiracy to kill Americans will not face the death penalty. Given the opportunity to express additional mitigating factors against the death penalty, the jury listed four other factors: -- Nine jurors found executing him may not necessarily alleviate survivors or victims' families from suffering. -- Four jurors found that lethal injection is very humane and the defendant would not suffer. -- Five jurors said life in prison is a greater punishment because his freedom would be severely curtailed. -- Four jurors found al-'Owhali was raised in a different culture, society and belief system. On the prosecution's list of aggravating factors, the jury found it was not convinced that al-'Owhali would continue to pose a serious threat to society. The jury did find, however, that he had caused serious physical and emotional injury and egregious economic hardship to deceased victims' families and bombing survivors. Prosecutors sought the death penalty for al-'Owhali and Mohamed because of their direct role in carrying out the bombings. The two blasts killed 224 people, including 12 Americans, and injured more than 4,000 others Two others -- Mohamed Odeh, 36, a Jordanian, and Wadih el Hage, 40, a naturalized American -- face a maximum sentence of life in prison. Al-'Owhali and the three co-defendants were also convicted of engaging in a worldwide terrorist conspiracy to kill Americans, a conspiracy allegedly led by bin Laden, an exiled Saudi billionaire living in Afghanistan. "The government sought the death penalty because it concluded that it was the just punishment for this defendant and his crimes," said U.S. Attorney Mary Jo White. "But the imposition of the death penalty is uniquely a matter for the jury to decide and we respect their verdict." Sue Bartley, who lost her husband and son in the blast, said she was disappointed al-'Owhali won't receive death penalty but added, "At least we can be peaceful with the fact that al-'Owhali will not be free to harm anyone else." Other members of al-'Owhali's defense team applauded the jury's decision. "This is an extraordinary victory for a system that was really put to the test," said Fred Cohn. "It's a credit to the system." Thirteen other men, including bin Laden and several other alleged embassy bombers, are still at large. Two other defendants are in U.S. custody awaiting trial, and three more are in British custody fighting extradition to the United States. The case is the first federal death penalty trial in the Southern District of New York since the 1951 trial of Ethel and Julius Rosenberg, convicted and executed for spying for the Soviet Union. |
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