Factors Judge Is Considering Include Evidence Withheld From Defense. The verdict in the nation’s first terrorist trial after the Sept. 11, 2001, attacks left both sides claiming victory: two men guilty of terrorism charges and two others cleared of them. But several recent developments — including revelations that prosecutors may have withheld key exonerating evidence — have thrown the case into turmoil. U.S. District Judge Gerald E. Rosen is considering throwing out the convictions and starting over. Federal prosecutors acknowledged this month that they did not turn over at least two key pieces of evidence that defense lawyers said would have helped their cause. Rosen issued a rare public rebuke of Attorney General John D. Ashcroft for violating his gag order and exhibiting “a distressing lack of care” in his public statements about the case. The two chief prosecutors, unceremoniously removed from the “sleeper cell” case, have entered into a public spat with their bosses. Full Story
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