Lubbock’s nationally known terror suspect objects to conviction - KCBD NewsChannel 11 Lubbock

Lubbock’s nationally known terror suspect objects to conviction

Khalid Aldawsari Khalid Aldawsari
AMARILLO, TX (KCBD) -

Attorneys for Khalid Aldawsari filed a motion for a new trial Wednesday night, along with a motion to toss out his conviction. Wednesday was the deadline and the court records show the two motions were filed less than a half hour before the stroke of midnight.

Last month Aldawsari was convicted in Amarillo on a change of venue for one charge of Attempted Use of a Weapon of Mass Destruction. Court records say he collected the material for a bomb in his Central Lubbock Apartment. Court records also say he had proposed targets nationwide and desired for "jihad."

The request for an acquittal says, "Mr. Aldawsari, however, never took a substantial step toward the ‘use' of a weapon of mass destruction. He never committed an act that was ‘strongly corroborative' of criminal intent. Nor did he cross the line between mere preparation and attempt, and no reasonable jury could find that it did."

The records also say, "Mr. Aldawsari never even possessed a weapon of mass destruction that he could ‘attempt' to use."

Prosecutors never disputed that Aldawsari lacked one major ingredient.  But they showed evidence at trial that he had ordered the last ingredient, picric acid, over the Internet and went to great effort in his attempts to get it.

The original criminal complaint in February of 2011 said Aldawsari had proposed targets including Dallas night clubs, hydro-electric dams, and the home of former President George W. Bush. 

In the Wednesday night motion, the defense says, "There was no evidence that Aldawsari ever picked out a specific target. No evidence he scouted a location where he planned to detonate an explosive. No evidence he began building an explosive."

The motion quotes legal precedent as saying, "… A ‘substantial step' must both (1) be an act strongly corroborative of the actor's criminal intent and (2) amount to more than mere preparation." 

The motion goes on, "Aldawsari's actions of watching videos online on how to construct picric acid and ordering of chemicals do not meet this standard. Rather, they are actions that are engaged in by people who are not in violation of the law."

"The evidence was insufficient as a matter of law to convict on attempted use of a weapon of mass destruction."

Prosecutors will have a chance to respond in the coming days before U.S. District Judge Donald Walter makes a ruling.

Assuming the conviction stands, Aldawsari will be sentenced at a later date.  The law says it can be "any number of years."

Copyright 2012 KCBD. All rights reserved.

  • Local News on KCBD.comNewsMore>>

  • House GOP immigration compromise teeters ahead of votes

    House GOP immigration compromise teeters ahead of votes

    Thursday, June 21 2018 12:41 AM EDT2018-06-21 04:41:36 GMT
    Thursday, June 21 2018 8:14 AM EDT2018-06-21 12:14:45 GMT
    (AP Photo/J. Scott Applewhite). Speaker of the House Paul Ryan, R-Wis., joined by House Majority Whip Steve Scalise, R-La., left, and House Ways and Means Committee Chairman Kevin Brady, R-Texas, talks following a closed-door conference with fellow Rep...(AP Photo/J. Scott Applewhite). Speaker of the House Paul Ryan, R-Wis., joined by House Majority Whip Steve Scalise, R-La., left, and House Ways and Means Committee Chairman Kevin Brady, R-Texas, talks following a closed-door conference with fellow Rep...

    An ambitious House GOP immigration overhaul is teetering ahead of voting.

    An ambitious House GOP immigration overhaul is teetering ahead of voting.

  • In reversal, Trump orders halt to his family separation rule

    In reversal, Trump orders halt to his family separation rule

    Wednesday, June 20 2018 11:21 AM EDT2018-06-20 15:21:21 GMT
    Thursday, June 21 2018 8:14 AM EDT2018-06-21 12:14:38 GMT
    A boy stares out of a heavily tinted bus window leaving a U.S. Customs and Border Protection facility Tuesday in McAllen, TX. (AP Photo/Eric Gay)A boy stares out of a heavily tinted bus window leaving a U.S. Customs and Border Protection facility Tuesday in McAllen, TX. (AP Photo/Eric Gay)

    Trump signs executive order to keep families together at border, says 'zero-tolerance' prosecution policy will continue.

    Trump signs executive order to keep families together at border, says 'zero-tolerance' prosecution policy will continue.

  • Trump defends his hard-line immigration policies to cheers

    Trump defends his hard-line immigration policies to cheers

    Thursday, June 21 2018 12:21 AM EDT2018-06-21 04:21:49 GMT
    Thursday, June 21 2018 8:14 AM EDT2018-06-21 12:14:30 GMT
    (AP Photo/Susan Walsh). President Donald Trump speaks at a rally at AMSOIL Arena in Duluth, Minn., Wednesday, June 20, 2018.(AP Photo/Susan Walsh). President Donald Trump speaks at a rally at AMSOIL Arena in Duluth, Minn., Wednesday, June 20, 2018.

    Drawing cheers at a rally, Trump defended his hard-line immigration policies just hours after backing off efforts to separate immigrant families.

    Drawing cheers at a rally, Trump defended his hard-line immigration policies just hours after backing off efforts to separate immigrant families.

Powered by Frankly