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American Morning
Death Penalty Phase Begins in Embassy Bombing Trial
Aired May 30, 2001 - 09:04 ET
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
STEPHEN FRAZIER, CNN ANCHOR: The death penalty phase of another case begins today. This is the case of two of the men convicted in the embassy bombings trial. In all, four men were found guilty in those attacks on U.S. embassies in Kenya and Tanzania.
CNN national correspondent Bob Franken joins us now from New York City with details.
Bob, good morning.
BOB FRANKEN, CNN NATIONAL CORRESPONDENT: Good morning, Stephen.
And we have the first of two death penalty phase parts of the trial. The jury will consider Mohammed al-'Owhali's case. That could take up to two weeks. And then the second defendant, K.K. Mohamed, will come after that. So we have about a month of the death penalty phase, but this first part of trial, of course, resulted in a complete victory for the prosecution.
(BEGIN VIDEOTAPE)
(voice-over): It was a clean sweep, all four defendants were found guilty -- guilty in varying ways for their involvement in two nearly simultaneous bombings.
SUE BARTLEY, RELATIVE OF BOMBING VICTIMS: It was bitter sweet. We were - we are very happy with the verdict. We couldn't have asked for a more attentive jury.
FRANKEN: Edith and Sue Bartley lost two members of their family in the blast that shattered the U.S. Embassy in Nairobi, Kenya on August 7, 1998. Two hundred thirteen people died, including 12 Americans. More than 4,000 were injured.
Moments later, a second blast exploded at the U.S. Embassy in Dar es Salaam, Tanzania - 11 dead.
UNIDENTIFIED FEMALE: Today's guilty verdicts are a triumph for world justice and for world unity in combating international terrorism.
FRANKEN: The defendant, Mohammed al-'Ohwali, who rode in the Kenya bomb truck, was found guilty of the Nairobi bombing and the murder of the 213 who died. The murder charges carry the death penalty. Mohammed Odeh, who gave technical advice, was found guilty of the Kenya bombing and the murders.
UNIDENTIFIED MALE: We think that the evidence that connects them to the commission of this crime is very thin.
FRANKEN: Odeh's maximum penalty is life in prison. Khalfan Khamis Mohamed faces the death sentence as a direct participant in the Dar es Salaam, Tanzania, bombing. Finally, Wadih el Hage, guilty of conspiracy and perjury. Perjury for lying before the grand jury here about his long-time association with Osama bin Laden.
Prosecutors said that bin Laden is the leader of a year's long worldwide conspiracy to kill Americans, which culminated in the bombings that took such a horrible toll on August 7, 1998.
(END VIDEOTAPE)
FRANKEN: Now, the death penalty phase of this is a very interesting procedure - somewhat different than the actual trial. The rules are different. Hearsay evidence, for instance, is allowed. What will happen is that there will be opening statements by the prosecution, then defense attorneys, then a parade of the victim's families talking about the agony they've suffered since the August 7, 1998 bombings. Defense attorneys will then put on their case that the death penalty here is too severe. They are the first to admit that they're facing an uphill battle - Stephen.
FRAZIER: Bob, I get the sense, it may be difficult to grasp, though, but that the government is making or the prosecution is making a distinction between those who actually delivered the bomb and those who may have advised in how to construct it - how to build it?
FRANKEN: Well that's right. The direct participation was the key to the murder charges that resulted in the death penalty. The other two defendants were found guilty of participating in the conspiracy. Those charges, absent the direct murder charge, result only in life in prison, not the death penalty.
FRAZIER: From New York City, Bob Franken.
Bob, thank you.
The State Department has updated its warning for U.S. citizens traveling abroad because of those convictions in the embassy bombings trial. It warns Americans they could be targeted by groups tied to Osama bin Laden. Officials say they're not aware of any specific threat, but they urge Americans to be cautious and alert.
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