Kenyan and Tanzanian Embassy Bombers Trial: 2001

The prosecutors turned to the 21 counts of perjury against El-Hage. They produced a trail of phone calls, faxes, and letters indicating El-Hage was in contact with bin Laden people he denied knowing. They revealed his fingerprints on a letter to bin Laden's military commander, whom El-Hage had told the grand jury he did not know. They introduced receipts on shipments of goods from El-Hage to Odeh, whom El-Hage claimed he never knew.

FBI forensic chemist Kelly Mount testified that a T-shirt, a pair of jeans, and a bed sheet found in Odeh's travel bag carried traces of explosives TNT or PETN. Cross-examined, Mount said it was possible but not probable that bomb residue was transferred to the clothing by bomb-scene investigators.

Closing their presentation after 92 witnesses and 1,700 exhibits, the prosecutors read claims of responsibility for the bombings that had been faxed to media outlets in Qatar, the United Arab Emirates, and France. The "Islamic Army for the Liberation of Holy Places," said the faxes, promised "to strike at American interests everywhere" until U.S. troops were withdrawn from Saudi Arabia.

Defense lawyers opened their case on April 16 with British forensic scientist Dr. John Lloyd testifying for Odeh. He said the explosive residue found on Odeh's clothing could have been as small as a speck of dust transferred by a handshake and was impossible to trace.

Supporting El-Hage's position that he worked for bin Laden but had nothing to do with terrorist activities, his lawyers presented a Nairobi businessman named Odeh who engaged El-Hage in gemstone trading and other ventures. The witness said his name was spelled and pronounced "Oudeh" in Arabic. This rebutted the prosecution's contention that shipments from El-Hage to someone named Oudeh went to defendant Odeh.

Calling no further witnesses, the defense rested. No defendant testified. In closing arguments, prosecutor Kenneth M. Karas charged El-Hage with repeated lying "to protect the Al Qaeda conspiracy," and El-Hage defense attorney Schmidt charged prosecution witness AI-Fadl with repeated lying to protect himself. Odeh lawyer Anthony L. Ricco said his client's "association with Al Qaeda is based on religious beliefs," not violence.

Mohamed attorney David A. Ruhnke cited his client's cooperation with the FBI, without which "there would be very little evidence," and contended "he never met Osama bin Laden." Al-'Owhali lawyer Cohn said his client should be acquitted because his confession was coerced as he was imprisoned "in terrible conditions, in fear of his life from jailers who had to hate him."

The jury deliberated from May 10 to May 29. It found all four men guilty on all 302 counts. It then met to consider, one at a time, what penalty to impose on each. All four men received sentences of life imprisonment.