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Madrid case: 2 join prime suspects

From Al Goodman
CNN

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MADRID, Spain (CNN) -- Two men who had been relatively minor defendants have been upgraded to prime suspects in the Madrid train bombings that killed 191 people and wounded 1,800 others in 2004.

Moroccan-born Othman El Gnaoui, 32, and Rafa Zouhier, 28, had faced 24 years and 20 years respectively if convicted in the bombings. Prosecutors on Monday stiffened the charges against them, and now that they are considered as "necessary cooperators," they face nearly 39,000 years each for mass murder, according to a copy of the prosecution order.

The trial of 29 defendants, mainly Moroccans, is now in its fifth month, and after analyzing evidence and testimony during the proceedings, the prosecution submitted in court a revised list of charges against defendants. The trial draws to a close this summer, with a verdict expected in the autumn.

All of the 29 proclaimed their innocence in the opening days of the trial.

Until now, the defendants included seven prime suspects -- three considered as masterminds, three alleged to have placed bombs aboard the commuter trains and one, a Spaniard, an alleged supplier of the explosives.

These seven faced nearly 39,000 years in prison for mass murder. The calculations are based on 30 years for each of the 191 people killed, and 18 years for attempted murder against each of the 1,824 people injured. As more evidence was introduced at the trial, the official injury count rose to 1,841 people, raising the potential sentences by 306 years for each prime defendant.

Despite the huge potential sentences, none of these prime suspects can serve more than the maximum 40 years allowable under Spanish law, which does not permit the death penalty.

Other defendants face lesser charges such as membership in or collaboration with a terrorist group.

Zouhier was among them, facing only the lesser charges of collaborating with terrorists and supplying explosives until prosecutors identified him as critical to the attacks. Prosecutors accuse him of being a "crucial intermediary" between an Islamic terrorist cell in Spain that included a drug-trafficking component and a northern Spanish group that trafficked in explosives in exchange for drugs and cash.

El Gnaoui also faced increased charges; prosecutors now see him as having been critical to ensuring explosives were transported from northern Spain to a rural dwelling east of Madrid where the bombs were assembled. El Gnaoui knew the explosives would be used "in a terrorist attack of great magnitude," the prosecution said.

He had earlier faced charges of belonging to a terrorist group, supplying explosives and document forgery.

Charges reduced, dropped against others

In revising the charges, prosecutors sharply reduced the mass-murder charges against prime suspect Basel Ghayloun, 27, who was born in Syria. He is now charged with belonging to a terrorist group and faces 12 years in prison if convicted. The reduced charges stem from recanted testimony by the only witness who had claimed to have recognized Ghayloun.

Ghayloun's lawyer, Jose Luis Abascal, said he is aiming for a full acquittal for his client and another, Moroccan-born Jamal Zougham, 33, who remains a prime suspect.

Prosecutors also dropped charges against Moroccan-born Brahim Moussaten, 23, who had faced six years in prison if convicted of collaborating with a terrorist group.

His brother, Mohamed Moussaten, remains on trial and faces eight years in prison if convicted of collaborating with terrorists.

Their uncle, Youssef Belhadj, is among the prime suspects and is accused of being a mastermind of the bombings.

The prosecution also dropped charges against Spaniard Javier Gonzalez Diaz, 54, who had faced eight years if convicted of illicit association and supplying explosives. That said, one private lawyer told CNN he expected to maintain charges against Gonzalez Diaz.

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