Lubbock's terror suspect won't get new trial, judge says - KCBD NewsChannel 11 Lubbock

Lubbock's terror suspect won't get new trial, judge says

LUBBOCK, TX (KCBD) -

A judge agrees that prosecutors made mistakes in the terrorism-related trial of Khalid Aldawsari, but it's not enough to warrant a new trial, the judge said Wednesday. Aldawsari was arrested in 2011 and accused of collecting the material for a bomb in his Central Lubbock apartment.

The trial for Attempted Use of a Weapon of Mass Destruction was moved to Amarillo on a change of venue. In late June a jury convicted Aldawsari.

U.S. District Court Judge Donald E. Walter wrote in court records, "The court agrees with Aldawsari that the statements made by the prosecution in its closing rebuttal were slightly inappropriate and weakly prejudicial."

In one instance, the defense argued that prosecutors committed misconduct by telling the jury that Aldawsari has instructional videos for making bombs but not for creating video games. The defense argued that Aldawsari did in fact have videos for making video games and the prosecution statements misled the jury. In response to the defense team's allegations, prosecutors pointed out that Aldawsari didn't have a copy of the video game instructions on his computer but instead had them marked as favorites in his browser.

There were other allegations of mis-statements, all of which were rejected by the judge who said they were not substantial enough to overturn Aldawsari's conviction.

Aldawsari remains locked up until his sentencing, which could be "any number of years" according to federal law. The judge has previously ordered that Aldawsari be sentenced on September 11 if possible.

Copyright 2012 KCBD. All rights reserved.

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