Posted on Sun, Nov. 10, 2002 story:PUB_DESC Was U.S. prosecutor in danger? FBI probes suspected plot to kill GARY L. WRIGHT Staff Writer

Federal authorities believe they discovered a plot to either assassinate a prosecutor or destroy the government's evidence against two Lebanese brothers accused of conspiring to aid Middle Eastern terrorists, according to court documents kept secret for more than a year.

FBI agents suspect Mohamad Youssef Hammoud wrote a letter outlining the plot to kill First Assistant U.S. Attorney Kenneth Bell or blow up with explosives the government's evidence, the court documents reveal.

A federal jury in Charlotte convicted Hammoud and his brother in June of conspiring to aid a Lebanese terrorist organization.

"His assignment is to put bullets into the skull of the arrogant bastard prosecutor or to annihilate with massive explosives the evidence against us," the letter says.

The letter writer suggests that someone be brought in from Toronto. "His skill and experience with explosives will be required to arm the device ...," the letter says. "There is no room for error. Too much depends on this operation. I am filled with hope and anticipation."

Prosecutors intend to try to introduce evidence about the alleged plot during Hammoud's sentencing hearing, expected in the next few months, in an attempt to persuade the judge to impose a harsher punishment.

More than 250 pages of documents, kept secret since March 2001 and unsealed last week and last month, provide a behind-the-scenes glimpse into the drama and tactics leading up to the Hammoud brothers' trial.

In the documents is a transcript of a taped conversation, allegedly between Hammoud and a government informant who authorities believe was being recruited to make the hit against Bell, the prosecutor handling the case.

"I'm just going to put two -- pow, pow -- in the head and take care of that," the informant says.

"Yeah, just be careful," the man authorities believe is Hammoud replies.

The Hammoud brothers' five-week trial took place this spring amid heightened security and secrecy. Concrete barriers surrounded the federal courthouse. Armed U.S. marshals patrolled the grounds. The Hammouds were transported to and from the courthouse in an armored truck. And the jurors' identities were kept secret.

Authorities described Hammoud as the leader of a Hezbollah cell in Charlotte. Hezbollah is one of more than two dozen groups the United States has designated as foreign terrorist organizations.

Hammoud, 29, who could spend the rest of his life in prison, has denied having anything to do with the alleged plot. And his lawyer has accused FBI agents of illegally obtaining the evidence about the alleged plot and attacked the credibility of the government's informant.

Deke Falls, Hammoud's attorney, accused the informant of fabricating the letter. The defense lawyer argued that "it is probable that this alleged `threat letter' was not written by the defendant."

Even prosecutors acknowledge there were credibility problems with the informant.

But the prosecutors, responding to defense allegations that the government tried to "ensnare (Hammoud) in a sham plot," wrote: "It is not disputed that a letter was written in defendant's own hand putting out a contract to destroy evidence and kill the prosecutor."

Hammoud has not been charged in connection with the alleged plot, but prosecutors hope the allegations prove pivotal at Hammoud's sentencing.

If Chief U.S. District Judge Graham Mullen finds the evidence credible and believes Hammoud attempted to obstruct justice, the judge could impose a more severe punishment.

Alleged plot uncovered

The tip about the alleged plot came from an informant who was in the Mecklenburg County jail at the same time as Hammoud.The informant, later locked up in Atlanta and facing possible deportation, contacted authorities about the threat to harm the prosecutor.

FBI agents from Charlotte interviewed the informant in January 2001. The following month, the informant was wired with a recording device and sent into the jail to talk to Hammoud.

The informant also had turned over a letter authorities believe Hammoud wrote from the jail outlining the plot.

Prosecutors said the informant was never promised any reward and was told authorities could not make him any promises or prevent his deportation. They told him, however, that they would inform immigration officials what he'd done for the government.

Prosecutors later acknowledged that the government put $20 into the informant's canteen account at the jail.

In March 2001, FBI agents went to the Mecklenburg jail to meet with Hammoud and his lawyer, Falls. They had a court order allowing them to obtain handwriting samples from Hammoud.

At first, the FBI agents asked Hammoud to write numbers, the alphabet and days of the week and dates. Then they asked him to write some passages about a planned assassination, murder for hire and destruction of evidence through explosives.

FBI agent Richard Schwein told Hammoud that investigators had credible information that he was planning to escape from the jail, and to harm the prosecutor or disrupt the trial. He also told Hammoud that authorities had a tape recording and that Hammoud was on the tape and would recognize the voices.

The FBI agent then played a minute or two of the Feb. 20, 2001, conversation. On the tape, an unidentified male says "hit vic," which authorities believe meant "hit victim." After that, the other voice, which authorities say is Hammoud's, identifies Kenneth Bell.

Hammoud, confronted by the FBI agents about the suspected plot, appeared visibly shaken, the documents say, and his lawyer took him to another room and tried to calm him down.

But Hammoud stormed out of the room and started telling the FBI agents that he had no intent to escape or harm the prosecutor and that he wanted to take a lie-detector test to prove his innocence.

The FBI agent asked Hammoud to identify the name of the speaker on the tape. Before his attorney could tell him not to answer, Hammoud gave them the name of the informant.

At that point, Falls terminated the interview and had Hammoud escorted from the room. The defense lawyer then accused the FBI agents of engaging in "an intentional ambush."

During a secret hearing in March 2001 on whether to keep jurors from hearing about the evidence, FBI agent Schwein was questioned about the jail interview with Hammoud and the investigation into the suspected plot.

"I told him that, again, we were worried about public safety," Schwein recalled, "that we were concerned that there may be other people out there that potentially could carry out this act."

While investigators tried to determine if the plot was real, the prosecutor refused to be placed under protective custody. But authorities took steps to ensure his safety.

"Mr. Bell was offered protective custody and he declined," Schwein said. "He didn't feel it was completely necessary and he didn't want the disruption in his life."

Evidence attacked

Hammoud's lawyer sought and obtained court orders to keep secret the documents surrounding the alleged plot. If information about the suspicions became public, Falls argued, it could seriously impair Hammoud's right to an impartial jury trial.

The defense lawyer has repeatedly attacked the government over its investigation into the suspected plot. He called the meeting at the jail with Hammoud "a fishing expedition" and accused FBI agents of illegally obtaining the incriminating evidence.

Falls said the FBI agents were acting under a court order that authorized them only to collect handwriting samples, not to question Hammoud about any alleged plot.

The defense lawyer also attacked the credibility of the government's informant. Falls argued that the informant had failed a lie-detector test and had an incentive to help the government because he was facing deportation.

Falls accused the informant of fabricating the letter. An FBI analyst found two fingerprints on the letter, but neither belonged to Hammoud or the informant. An FBI language specialist said it appeared the writer was either illiterate or had very limited knowledge of the Arabic language. The author made several errors in writing the Arabic characters by using additional lines or dots.

Falls asked the judge to suppress the evidence about the alleged plot and also to dismiss the indictment accusing Hammoud of conspiring to aid Hezbollah.

"These actions were outrageous, and nothing less than dismissal of the indictment will adequately punish the government and secure future compliance with this court's orders."

Judge Mullen, who presided over the Hammoud brothers' trial, refused to sanction the government or throw out the indictment.

Anthony Murry, a prosecutor with the U.S. Justice Department's terrorism and violent crime section in Washington, told the judge during the secret hearing that the government had done nothing wrong.

Federal authorities, however, have acknowledged there were credibility problems with the government's informant.

Authorities described the informant in court documents as a native of Trinidad and a convicted felon awaiting deportation. They said he had numerous prior convictions.

"We did have an informant who had a motive to help himself and fabricate, and we knew that going in," Murry told the judge during the secret hearing. "We had an informant who tested inconclusive on the polygraph as to the escape and deceptive on the threats to the (prosecutor).

"But the threat was not so incredible that we could dismiss it out of hand. There was a genuine public safety concern."

`Two to the head'

Even the prosecutor who was the target of the alleged plot acknowledged there were problems with the evidence.

"It's got credibility problems all over it," Bell told the judge during the secret hearing. "On the other hand, his voice is on the tape talking about `hit vic,' giving my name and my title."

When the government's informant met with Hammoud at the jail, an FBI agent recorded and monitored the conversation, according to court documents.

During the taped conversation, the informant and the man identified as Hammoud talked about using code instead of names.

When the informant asks for the name of the "hit vic," he's told "Kenneth."

When the informant then asks his title, he's told "chief assistant ... U.S. attorney."

Then Hammoud cautions the informant to be careful.

Informant: "I don't know which one I'm going to do yet, but I think the most probable one ... I'm going to put two to the head."

Hammoud: "Uh huh."

Informant: "Yeah, put two to the head."

Hammoud: "Just be careful."

-- Anonymous, November 10, 2002