ACLU: Megahed arrest 'appears vindictive'

By ELAINE SILVESTRINI

esilvestrini@tampatrib.com

Published: April 21, 2009

http://www2.tbo.com/content/2009/apr/21 ... ews-metro/

TAMPA - The American Civil Liberties Union of Florida on Monday joined the chorus of activists protesting the immigration arrest of Youssef Megahed three days after a federal jury acquitted him of explosives charges.

The arrest April 6 in a Wal-Mart parking lot "appears vindictive," said Becky Steele, director of the West Central Florida chapter of the ACLU, who convened a news conference in her office.

She and the Florida executive director, Howard Simon, wrote to Homeland Security Secretary Janet Napolitano calling for Megahed's release. They say the arrest has "the appearance of ignoring the jury's verdict and giving the government an unfair opportunity to pursue repeated efforts to deprive an individual of his liberty."

Steele said the government technically is able to pursue the immigration charges because there are different standards of proof in immigration court and criminal court. The arrest being legal "doesn't make it right," she said

Megahed, 23, who is from Egypt, is a legal permanent resident who came to the United States when he was 11. He applied for citizenship less than three weeks before his arrest Aug. 4, 2007, in South Carolina.

Megahed's criminal trial centered on items found in the trunk of the car in which he was riding with friend Ahmed Mohamed. The prosecution said the "low explosives" easily could have been modified to become something dangerous.

The defense maintained the items were toy rocket motors made by Mohamed.

Megahed and Mohamed were University of South Florida students at the time of their arrest.

Mohamed is serving 15 years in federal prison after pleading guilty to helping terrorists by posting on YouTube a video in which he shows how to detonate a bomb with a remote-controlled toy.

Megahed never was charged with terrorism.

Gary Meringer, who was the foreman on Megahed's jury, endorsed the ACLU's actions, saying in a telephone interview he thinks it's important that people know what is happening in this case.

"We spent three weeks of our lives listening to this case, and the government says, 'Who cares?'"

Meringer said he doesn't think it matters that the standard of proof is lower in immigration court. As far as he understands it, he said, the immigration case is focusing on the charge that Megahed possessed a destructive device.

Jurors took "two minutes" to decide he wasn't guilty of that charge, Meringer said.

Meringer also was unmoved by the idea that Megahed should be deported because of his association with Mohamed. "I'll be damned if people in this country should be prosecuted or persecuted in this country for the company they keep," he said. "This isn't Saudi Arabia."

Megahed's father, Samir, joined Steele at the news conference.

"We are very sad, and we have the depression," he said. "I send this message to President Obama that my son is not guilty. Why the government arrest him again?"