Reply #228: Judge considers whether to toss out

[shraby]

embassy bombing defendant's confession

NEW YORK (CNN) -- U.S. District Court Judge Leonard Sand is deciding whether to admit into evidence a confession by one of four men standing trial in connection to the August 1998 bombings of U.S. embassies in Kenya and Tanzania.

In a hearing that began Tuesday and ended Wednesday morning, attorneys for defendant Mohamed Rashed Daoud al-'Owhali argued that FBI agents failed to properly apprise him of his right to remain silent and his right to counsel before interrogating him in Kenya.

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The government's main witness was FBI agent Steven Gaudin who questioned al-'Owhali in Kenya over a two-week period in August 1998. Kenyan police had arrested al-'Owhali on August 12, 1998, five days after the bombing

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FBI translator Mike Feghali told the court he never heard al-'Owhali say the word "attorney" until they were on the plane together en route to the United States on August 26, 1998.

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<http://www.cnn.com/2001/LAW/01/24/embassy.bombings.al.owhali/>