Newsday : Government plays more coded calls in sailor terrorism hearing

Thursday, November 29, 2007

Government plays more coded calls in sailor terrorism hearing

By JOHN CHRISTOFFERSEN | Associated Press Writer | November 29, 2007

NEW HAVEN, Conn. - Federal prosecutors played secretly recorded phone calls Thursday as they tried to show how a former Navy sailor charged with supporting terrorism spoke in code about a plot to attack military personnel.

On the second day of a pretrial hearing in U.S. District Court, the government played calls between Hassan Abu-Jihaad and friends last year in which he allegedly talked in code about plotting sniper attacks on personnel and recruiting stations. Some of those calls were with former roommate Derrick Shareef, who was convicted this week in an unrelated plot to attack an Illinois mall with hand grenades.

In one call, Abu-Jihaad used the letter `L' for logistics support, authorities said. Prosecutors say his use of the phrases "cold meal" or "fresh meal" described whether a scheme was outdated or viable.

Abu-Jihaad, 31, of Phoenix, pleaded not guilty in April to charges he provided material support to terrorists with intent to kill U.S. citizens and disclosed classified information relating to national defense. He is accused of disclosing the location of Navy ships and the best ways to attack them.

Abu-Jihaad has denied passing along any secret information on Navy ships.

Prosecutors have not charged him in alleged schemes to attack the recruiting offices or personnel, but are trying to get them admitted as evidence to bolster their case when the trial starts in February. The plots were never carried out.

The two-day hearing on whether to admit the evidence ended Thursday. No ruling was issued. Another hearing is scheduled for January after each side submits legal arguments.

Lawyers for Abu-Jihaad have argued that some phone calls and other evidence, such as e-mail searches, were illegally obtained and should be thrown out.

Abu-Jihaad, who received an honorable discharge from the Navy in 2002, faces up to 25 years in prison if convicted. He is being prosecuted in New Haven because the federal investigation first focused on a Connecticut-based Internet service provider.

Authorities say Abu-Jihaad had a plan to engage in a coordinated sniper attack at a San Diego military base. The plan called for firing weapons to draw soldiers from their barracks and then shooting them, prosecutors say in court papers.

William Chrisman, a cooperating witness for the FBI, tape recorded conversations with Shareef last year. Federal prosecutors have played those conversations in federal court and intercepted phone calls of Abu-Jihaad's conversations.

In one call, Abu-Jihaad, a left-hander, is asking specifically about obtaining left-handed weapons, prosecutors say. He also is heard allegedly pledging support to Shareef in vague terms.

"I'm down, you know what I'm saying ... with whatever I can ... with whatever Allah has instilled me to ... help out with ... if I can do that, then I'm for it ... and I'll say it again, with whatever I can give you that's beneficial I'll give it to you," he said.

But under cross examination, Chrisman testified that Abu-Jihaad never provided logistical support and acknowledged that Shareef complained that Abu-Jihaad was so passive it would take him 20 years to do something. Abu-Jihaad's attorneys also pointed out that he is heard on a call denying that he is a jihadi, an Islamic militant.

Abu-Jihaad's attorneys also said Shareef made a martyrdom video of his planned mall attack, but never made such a video for the alleged attack on the military base.

U.S. District Judge Mark Kravitz, while emphasizing he had made no decision on whether to admit the evidence, pressed Chrisman for details about the plot.

Chrisman said Shareef told him Abu-Jihaad had mapped out entrance and escape routes for an attack on the military base.

Prosecutors say Abu-Jihaad can also be heard one call distancing himself from Shareef after his former roommate's arrest.

"When the police come to me," Abu-Jihaad tells Chrisman, "I'm going to be like, 'Look, I don't know this dude."'

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