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'''Richard Convertino''' is a former federal prosecutor in ], ]. Convertino was the lead ] in the "]" prosecutions of Karim Koubriti and Abdel-Ilah Elmardoudi.<ref name="wapo051120">, '']'', ], ]</ref> However, the ] subsequently removed Convertino from his position and asked courts to dismiss those convictions, on the grounds that Convertino had failed to disclose evidence to which the defense was entitled.<ref name="Wapo040901"></ref>
{{mergeto|Detroit Sleeper Cell|date=June 2013}}
'''Richard Convertino''' is a former federal prosecutor in ], ]. Convertino was the lead ] in the "]" prosecutions of Karim Koubriti and Abdel-Ilah Elmardoudi.<ref name="wapo051120">, '']'', November 20, 2005</ref> However, the ] subsequently removed Convertino from his position and asked courts to dismiss those convictions, on the grounds that Convertino had failed to disclose evidence to which the defense was entitled.<ref name="Wapo040901"></ref>


==Overview== ==Overview==
Federal charges were laid in the Detroit Sleeper Cell in September 2001, very shortly following the attacks of ]. An FBI task force raided a house of a suspected terrorist and found four men there. After a search of the apartment, agents recovered over 100 radical Islamic tapes, the answer keys to the Michigan Commercial Driver’s License (CDL) test for hauling hazardous material, blank birth and marriage certificates, scores of passport sized photographs, false passport and travel documents and Sky Chef Airport identification badges which would allow access to airplane food trays. A day planner containing sketches and Arabic writing was also recovered and later determined by experts to be casing sketches of an American Air Force base in Turkey and a hospital in Amman, Jordan. Agents also found a video tape labeled “Le-Prince” which showed only “snow” when inserted into a VCR, but was later discovered to be in European format. The tape was determined by experts to be a terrorist casing surveillance video disguised as a tourist video. As lead prosecutor in the ''Koubriti'' case, Convertino originally charged the four men with document fraud, but was advised by several different terrorism experts that the evidence found indicated the men were part of a sleeper cell. The indictment was amended to include the charge of "Providing Material Support" to terrorists. The defense argued the men were Westernized, ] ] . The government argued that they were "]" -- radical ]s who had a dispensation to drink alcohol, use narcotics and avoid praying, in order to blend into western societies, while secretly plotting clandestine attacks.<ref name="findlaw">, '']''</ref> 3 of the 4 men were convicted. Federal charges were laid in the Detroit Sleeper Cell in September 2001, very shortly following the attacks of ]. DOJ's prosecution in ''U.S. v. Koubriti'' alleged that an apparent holiday video five men made while visiting ] was really a clandestine ] video, which would allow bomb experts to plan where to plant bombs. As lead prosecutor in the ''Koubriti'' case, Convertino argued that the five men were not the Westernized, ] ] they seemed. The government argued that they were "]" -- radical ]s who had a dispensation to drink alcohol, use narcotics and avoid praying, in order to blend in to western societies, while secretly plotting clandestine attacks.<ref name="findlaw">, '']''</ref>
Doubt was cast on the prosecution's case in '']'' when it was alleged that the star witness, a member of the group who turned on the others, was a known ]. Convertino had not disclosed this and other potentially ] to the defense.<ref name="wapo051120"/>


On ], ], the Department of Justice (DOJ) announced criminal indictments for obstruction of justice against Convertino and Harry Raymond Smith, former security official assigned to the US Embassy in ], who served as a government witness in ''U.S. v. Koubriti'' case.<ref>{{Dead link|date=January 2009}}</ref>
Later, doubt was cast on the prosecution's case in '']'' when it was alleged Convertino had not disclosed potentially ] to the defense.<ref name="wapo051120"/>

On March 29, 2006, the Department of Justice (DOJ) announced criminal indictments for obstruction of justice against Convertino and Harry Raymond Smith, former security official assigned to the US Embassy in ], who served as a government witness in ''U.S. v. Koubriti'' case.<ref>{{Dead link|date=January 2009}}</ref>


Convertino has alleged that the DOJ disclosed other information to the news media that is protected by the ] in order to smear or discredit Convertino for his ] disclosures to the ].<ref></ref> Convertino has alleged that the DOJ disclosed other information to the news media that is protected by the ] in order to smear or discredit Convertino for his ] disclosures to the ].<ref></ref>


==Prosecuted & Acquitted== ==Prosecuted & Acquitted==
Richard Convertino was charged with conspiracy to conceal possibly exculpatory evidence from the defense and lying to a Federal judge. Harry Smith III, formerly a U.S. Department of State investigator who had testified in the terrorism case prosecuted by Richard Convertino, was allegedly part of the conspiracy. Not turning the evidence over to the defense had led, at the government's request, to the court dismissal of the terrorism case prior to the charging of the case's prosecutor for the conspiracy. The jury acquitted the prosecutor and the investigator on ], ].<ref></ref>
During and after the terrorism case, Convertino became very vocal about the problems he faced within the department and retaliatory efforts against Convertino began with a behind-the-scenes file review of the entire terrorism case to look for any potential mistakes Convertino might have made. Allegations that a piece of evidence may have been deliberately withheld from the defense arose. Convertino requested that Federal Judge Gerald Rosen hold an evidentiary hearing regarding the allegations to prove that there was no deliberate withholding of evidence and that if any evidence had been accidentally withheld, the evidence would have had no bearing on the outcome of the case., Instead, the court granted the convicted terrorists a new trial after the government requested that he do so without holding an evidentiary hearing, leaving Convertino with no venue or opportunity to refute the allegations. As part of the retaliation, the Department of Justice began multiple internal investigations against Convertino and ultimately criminally leaked the existence of the investigations against Convertino to the Detroit Free Press. The Detroit Free Press printed the existence of the allegations without first demanding to see proof that the allegations were true, and even though the allegations were later found to be baseless, the press contends that they committed no wrongdoing in printing their existence. The reporter, David Ashenfelter, has since refused to disclose the source of the leak citing his Fifth Amendment rights against self incrimination. Richard Convertino filed a whistleblower lawsuit against the Department of Justice and within days, the Department of Justice began a criminal investigation against Convertino which placed his lawsuit on hold indefinitely. The government claimed to have been unable to discover the source(s) of the criminal leak. Convertino would not drop his lawsuit and was ultimately charged with obstruction of justice. Harry Smith III, formerly a U.S. Department of State investigator who had testified in the terrorism case prosecuted by Richard Convertino, was also charged as part of the alleged conspiracy. A jury acquitted them both in under 4 hours of deliberation on October 31, 2007.<ref></ref>


==In the Media== ==In the Media==
On May 30, 2008, Radio Show This American Life broadcast the Convertino's story, in relation to the conviction and subsequent retraction of ''U.S. vs. Koubriti''. The show is entitled . On ], ], Radio Show This American Life broadcast the Convertino's story, in relation to the conviction and subsequent retraction of ''U.S. vs. Koubriti''. The show is entitled .


==References== ==References==
{{reflist}} {{reflist}}
*{{note|Usatoday}} , ''], September 1, 2004 *{{note|Usatoday}} , ''], ] ]
* *



Revision as of 09:46, 19 June 2013

Richard Convertino is a former federal prosecutor in Detroit, Michigan. Convertino was the lead Assistant U.S. Attorney in the "Detroit Sleeper Cell" prosecutions of Karim Koubriti and Abdel-Ilah Elmardoudi. However, the U.S. Department of Justice subsequently removed Convertino from his position and asked courts to dismiss those convictions, on the grounds that Convertino had failed to disclose evidence to which the defense was entitled.

Overview

Federal charges were laid in the Detroit Sleeper Cell in September 2001, very shortly following the attacks of September 11, 2001. DOJ's prosecution in U.S. v. Koubriti alleged that an apparent holiday video five men made while visiting Disneyland was really a clandestine reconnaissance video, which would allow bomb experts to plan where to plant bombs. As lead prosecutor in the Koubriti case, Convertino argued that the five men were not the Westernized, secular Muslims they seemed. The government argued that they were "Takfiris" -- radical jihadists who had a dispensation to drink alcohol, use narcotics and avoid praying, in order to blend in to western societies, while secretly plotting clandestine attacks. Doubt was cast on the prosecution's case in U.S. v. Koubriti when it was alleged that the star witness, a member of the group who turned on the others, was a known con-artist. Convertino had not disclosed this and other potentially exculpatory evidence to the defense.

On March 29, 2006, the Department of Justice (DOJ) announced criminal indictments for obstruction of justice against Convertino and Harry Raymond Smith, former security official assigned to the US Embassy in Amman, Jordan, who served as a government witness in U.S. v. Koubriti case.

Convertino has alleged that the DOJ disclosed other information to the news media that is protected by the Privacy Act in order to smear or discredit Convertino for his whistleblowing disclosures to the U.S. Senate Finance Committee.

Prosecuted & Acquitted

Richard Convertino was charged with conspiracy to conceal possibly exculpatory evidence from the defense and lying to a Federal judge. Harry Smith III, formerly a U.S. Department of State investigator who had testified in the terrorism case prosecuted by Richard Convertino, was allegedly part of the conspiracy. Not turning the evidence over to the defense had led, at the government's request, to the court dismissal of the terrorism case prior to the charging of the case's prosecutor for the conspiracy. The jury acquitted the prosecutor and the investigator on October 31, 2007.

In the Media

On May 30, 2008, Radio Show This American Life broadcast the Convertino's story, in relation to the conviction and subsequent retraction of U.S. vs. Koubriti. The show is entitled The Prosecutor.

References

  1. ^ Detroit 'Sleeper Cell' Prosecutor Faces Probe, washingtonpost.com, November 20, 2005
  2. U.S. Asks For Dismissal Of Terrorism Convictions - New York Times
  3. USA v. Karim Kobrouti et al., Findlaw
  4. The article requested can not be found! Please refresh your browser or go back. (C4,20060329,NEWS11,60329007,AR)
  5. Richard Convertino v. Department of Justice
  6. (accessed June 1, 2008) toledoblade.com - Former prosecutor in Detroit terror trial acquitted

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