ROANOKE TIMES
Copyright (c) 1997, Roanoke Times
DATE: Wednesday, March 12, 1997 TAG: 9703120060
SECTION: VIRGINIA PAGE: A-1 EDITION: METRO
SOURCE: JAN VERTEFEUILLE THE ROANOKE TIMES
A federal magistrate postponed a bond review hearing for defendants in the Abed family case after the government refused to bring any of its witnesses to court.
The U.S. attorney in Roanoke has told a federal magistrate that the government will not bring witnesses to a hearing that was scheduled today in the Abed family case because doing so would put them at "severe risk of danger."
U.S. Magistrate Glen Conrad denied bond to the three defendants arrested in Roanoke last week, but had scheduled another hearing today to let their attorneys gather evidence of their financial ability to post bond.
To help him decide whether to let the three defendants out of jail until the trial, Conrad had asked federal prosecutors to bring two or three of their best witnesses so he could determine how solid the government's case is.
But in a motion filed Monday, U.S. Attorney Bob Crouch asked not to put on any witnesses at the bond review hearing, arguing the government is not yet required to reveal who they are. He wrote that a grand jury found probable cause for an indictment and that indicates a sufficient legal basis for the government's case at this point.
On Tuesday, Conrad rescheduled today's hearing until next week, giving defense attorneys time to craft an argument in response to the government.
A federal grand jury last week indicted 10 people on racketeering and related arson charges, alleging that they are part of the "Abed organized crime family" run by brothers Joseph Abed of Roanoke and Abed Abdeljalil of Arlington. The group is accused of burning down their own businesses to get insurance money and torching other businesses to drive out competition or in retaliation. The indictment also alleges drug dealing, burglaries, extortion and other crimes by various defendants.
Some of the defendants also are accused of firebombing the Southwest Roanoke apartment of two people who may have witnessed an earlier fire. The couple died in the fire.
The other six defendants who have been arrested are either serving time on unrelated charges or were denied bond by magistrates in other areas.
One of the defendants, a Canadian resident, is still at large.
"The government should not be obliged to present witnesses at this stage in the case, and at risk to their personal safety, to show whether that testimony satisfies the elements of the crimes charged," the government's motion states.
David Damico, who was appointed to represent Rayed "Rod" Abed, said as far as he knew, the prosecution's refusal was "unprecedented."
"I really don't know what their concern is," he said.
The defense eventually will learn the identity of the government's witnesses during pretrial discovery, when prosecutors have to share their information with the defense.
Although the prosecution says witnesses have been threatened, Crouch said none has refused to testify at the bond hearing.
Last week, Conrad denied bond for the three defendants - Joseph Abed, his son Rod Abed, and Fahed Tawalbeh.
Tawalbeh went ahead with his hearing without a lawyer last week, arguing that he was not a flight risk because of his ties to the community. Although he is a Jordanian citizen, he owns real estate in Roanoke and has a young son here.
"We believe our man's entitled to be let out on conditions," said Harwell Darby Jr., who was appointed to represent Tawalbeh after his initial hearing. "We're contesting every single charge the government's making. He has the absolute right to confront the unidentified people the government says are making" the allegations.
The government offered to let Conrad review all grand jury testimony without disclosing it to the defense or to the public.
Last week's hearings revealed that the government's case depends largely on the testimony of co-conspirators and witnesses, most of whom have criminal records. Their testimony will be backed up by lab reports that indicate arson in some of the fires mentioned in the indictment, Assistant U.S. Attorney Tom Bondurant said.
As for a report in the Long Island, N.Y., newspaper Newsday last week that said unnamed "U.S. officials" believed the Abed family was sending money overseas to terrorist front organizations, Damico called it "absolutely made up."
"There is absolutely no credible evidence of that," he said.
Federal officials in Roanoke also have said they have no evidence of such a tie, although other federal agencies may be involved.
LENGTH: Medium: 85 linesby CNB