Jose Padilla, once accused of plotting 'dirty bomb' attack, gets 17 years
The unexpectedly lenient sentence for terrorism conspiracy doesn't mention the initial allegations.
MIAMI — A federal judge sentenced Jose Padilla to 17 years in prison for terrorism conspiracy, rejecting the life sentence urged by prosecutors because of the harsh treatment Padilla received while in military custody.
With credit for time he has served in federal custody since his January 2006 transfer from a Navy brig in South Carolina, the 37-year-old Padilla could be free before he turns 50.
In sentencing Padilla and two co-defendants, U.S. District Judge Marcia G. Cooke deemed the terms set in federal sentencing guidelines of 30 years to life disproportionately severe to their crimes. She cited the life terms meted out to Oklahoma City bomber Terry Nichols and to would-be hijacker Zacharias Moussaoui in rejecting the same for Padilla, pointing out that there were neither victims of his crimes nor any damage done to U.S. security or interests.
Padilla's mother celebrated the unexpectedly lenient sentence, proclaiming "Hallelujah!" outside the courthouse and saying it proved her son wasn't the dangerous terrorist alleged by the government.
"What they said about Jose Padilla -- this proves he's not a terrorist. He's not an enemy combatant. He's not Al Qaeda or Taliban. He's just a human being, and an American citizen," Estela Ortega-Lebron said.
Cooke also cut the time given to Padilla's co-defendants, computer programmer Adham Amin Hassoun of Fort Lauderdale, Fla., and former San Diego schools administrator Kifah Wael Jayyousi from the 30-to-life provided for in sentencing guidelines.
Hassoun, who recruited Padilla to join the fight to defend Muslims under siege in places such as Bosnia and Chechnya, drew 15 years and eight months while Jayyousi received 12 years and eight months. They too are expected to get credit for time served and having no previous criminal history, which should drop the time they actually spend in prison to less than 10 years each.
Jayyousi's attorney, William Swor, said he appreciated Cooke's recognition that Jayyousi was the least culpable in the alleged conspiracy to murder, maim or kidnap persons overseas and to provide material support to terrorist groups. But he condemned the government's case brought against the three defendants.
"The government hasn't made America any safer nor promoted the rule of law. It has just made America less free," Swor said, noting his client's participation in the alleged conspiracy involved writing a newsletter and speaking his mind about the abuse of Muslims in foreign conflicts.
