WASHINGTON — A federal judge in Detroit on Thursday threw out the convictions of two men accused of being in a terrorist "sleeper cell," saying that Justice Department lawyers, in their rush to convict, acted outside the Constitution and denied the defendants a fair trial.
Citing "prevalent and pervasive" misconduct, U.S. District Judge Gerald Rosen said that there was "at least a reasonable probability" that the jury's June 2003 verdict in the case -- the first major terrorism trial after the attacks of Sept. 11 -- would have been different "had constitutional standards been met."
Embracing a scathing new Justice Department self-examination of the prosecution, Rosen said government lawyers had failed to turn over documents and other information that were "clearly and materially exculpatory" of the defendants, and "materially misled the court, the jury and the defense" as to critical evidence.
The judge ordered a new trial but limited it to charges of document fraud.
The Justice Department report singled out the lead prosecutor, Richard G. Convertino, an assistant U.S. attorney in Detroit and a 14-year department veteran, although Rosen did not discuss the prosecutor by name in his opinion.
William Swor, a lawyer representing one of the North African defendants, said the defense would continue to press for dismissal of all charges.
"This was not just a rogue prosecutor. FBI agents were involved in the fraud. Military intelligence were involved in the fraud. Government expert witnesses were involved in the fraud. As the Department of Justice report makes clear, virtually everyone who touched this case from the other side got dirty," Swor said.
Abdel-Ilah Elmardoudi, 38, and Karim Koubriti, 26, were convicted of conspiracy to provide material support or resources to terrorists, and Ahmed Hannan, 36, was convicted of engaging in fraud and misuse of a visa and other documents. A fourth man was acquitted.
Swor said the government had indicated it was willing to consider bond or release for Koubriti, who has been in jail since the case began. Lawyers for Hannan, who has been confined to a halfway house, hope to win less restrictive conditions on his confinement. Elmardoudi continues to face federal credit card theft charges in a Minneapolis case.
The defendants were never formally sentenced because of doubts about the underlying case.
