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Prosecutors argue death only penalty for bombings

Sue Bartley
Sue Bartley: "There isn't a day that goes by that I don't think about our losses and the losses of others."  


From Phil Hirschkorn
CNN New York Bureau

NEW YORK (CNN) -- Federal prosecutors called on jurors Wednesday to approve the death penalty for two men convicted for their roles in the bombings of two American embassies in East Africa, saying it was the only just punishment for an attack that left hundreds dead, injured thousands and underscored U.S. vulnerabilities to terrorist attacks.

"The only punishment that does justice for the victims, the only punishment that fits the crime, is death," said prosecutor Patrick Fitzgerald in his opening statement. "You need to understand the pain, the horror, the agony that the bombing put so many families through."

A parade of survivors from the August 7, 1998, blasts appeared before jurors, telling them the attacks darkened their lives physically and emotionally. Their testimony is expected to continue through Thursday.

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Shattered Diplomacy: The U.S. Embassy Bombings Trial
An in-depth special report on the trial of four men charged with the embassy bombings
Trial reports | Timeline | Key Figures
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CNN's Catherine Bond reports on how victims of the 1998 embassy bombing in Nairobi are coping with aftermath (May 30)

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CNN's Bob Franken reports on the guilty verdicts in the embassy bombings trial (May 29)

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CNN Legal Analyst Roger Cossack explains how the death penalty in this case could cause the U.S. trouble down the road (May 29)

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CNN's Deborah Feyerick has more on the men on trial for the two embassy bombings

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    The men, who were convicted Tuesday, could also be sentenced to life in prison without the possibility of parole. One of their attorneys said U.S. foreign policy might help explain -- if not justify -- the men's actions.

    The sentencing phase is expected to take about a month, with separate proceedings for Mohamed Rashed Daoud al-'Owhali and then Khalfan Khamis Mohamed.

    Al-'Owhali, 24, a Saudi, was convicted of carrying out the bombing of the embassy in Nairobi, Kenya, and Mohamed, 27, a Tanzanian, was convicted of carrying out the bombing Dar es Salaam, Tanzania. Both were convicted of all counts against them, including conspiracy and murder.

    The nearly simultaneous embassy blasts killed 224 people.

    A total of 213 people died from the explosion in Kenya, including 12 Americans and 29 Kenyans who worked at the American embassy in Nairobi. Eleven people died in the Dar es Salaam attack, including two embassy employees. More than 4,500 people suffered injuries in the blasts.

    Fitzgerald said the government's argument for executing al-'Owhali will focus on the possibility of future terrorists acts by him, the impact the bombings on victims, and "an utter and total lack of remorse" demonstrated by him.

    The first government witness to testify about the impact was Sue Bartley, whose husband of 28 years, Julian, was consul general at the embassy in Kenya. Her son, Jay, a college student, spent the summer of 1998 as an intern there. Both died in the bombing.

    "That was half my family," Bartley said. Her daughter Edith, sat in the courtroom gallery. "There isn't a day that goes by that I don't think about our losses and the losses of others," Bartley said.

    Bartley was followed by several Kenyans who lost spouses or siblings in the blast, each recounting their shock and the emotional and economic impact.

    Tabassum Butt described how the death of her brother Fahat Sheikh, the embassy cashier, affected his daughter and one of his sons in school. "He draws all day and the only thing he draws is the embassy," Butt said.

    Teresia Karanja, an employee in the bank building next door to the Nairobi embassy, described how the blast broke her back. She appeared in a wheelchair.

    "There is going to be very little factual disagreement," said al-'Owhali attorney David Baugh in his opening statement. He promised to offer an explanation, not a justification, for al-'Owhali's actions. "I want you to understand the circumstances why this crime happened."

    Baugh mentioned U.S. foreign policy as a motive, in particular post-Gulf War sanctions and air strikes against Iraq, which Baugh said have killed more than a million Iraqis since 1991, mostly children. He also mentioned the 1989 U.S. invasion of Panama to arrest Manuel Noriega, which, he claimed, killed as many as 4,000 innocent Panamanians.

    "We create grave risk to others also, and that has to stop," Baugh said.

    If the jury cannot reach a unanimous verdict for the death penalty, U.S. District Judge Leonard Sand will sentence al-'Owhali to life behind bars with no opportunity for parole.

    "That young man will either be killed by you or he will spend the rest of his life in prison in a country that is not his own," Baugh said.

    Neither al-'Owhali or Mohamed called any witnesses in the first phase of the trial, but both are expected to call several on their behalf now. However, al-'Owhali will call any family members from Saudi Arabia.

    Co-defendant Mohamed Sadeek Odeh was also convicted of the Kenya bombing and murders, but federal prosecutors decided last year they would not seek capital punishment against him, saying he had a less direct role in the attacks.

    Al-'Owhali and Mohamed were involved in the preparations of the bomb trucks and rode in their passenger seats as the vehicles headed toward their targets.

    Odeh and Wadih el Hage, who was convicted of terrorist conspiracy and perjury charges, face a maximum sentence of life in prison. Sand has not set a sentencing date for them.


    Greta@LAW






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