By Mark Scott
Buffalo, NY – The six suspects accused of being members of a Lackawanna-based terror cell were indicted Monday by a federal grant jury.
A two-count indictment charges the six American citizens of Yemeni descent with providing material support to a foreign terrorist organization. An arraignment was scheduled Tuesday.
The men, who were arrested in mid-September, could get up to 15 years in prison if convicted under a 1996 law that prohibits giving money, weapons or other tangible support to foreign groups deemed terrorist organizations by the government.
Only Sahim Alwan, 29, was granted bond of $600,000 at a hearing two weeks ago. Arrangements for his release were still being worked out.
Lawyers for the other five -- Yahya Goba, 25; Yasein Taher, 25; Faysal Galab, 26; Shafal Mosed, 24; Mukhtar al-Bakri, 22 -- filed notice last week that they intend to appeal the denial of bail.
All of the men have professed their innocence.
While acknowledging there was no evidence of an imminent threat posed by the men, prosecutors maintain they were awaiting orders from Osama bin Laden's al Qaeda terrorist group to carry out an attack in the United States.
In spring 2001, the men allegedly traveled to Pakistan, ostensibly to pursue up to two months of religious studies. But prosecutors say Alwan and al-Bakri told authorities the men instead attended a military camp near Kandahar where they were trained in the use of weapons and explosives.
< According to prosecutors, the men went to the Al Farooq training camp a few months before the Sept. 11 terror attacks. There, "bin Laden told them in unequivocal terms that there 'is going to be a fight against Americans,'" prosecutors say.
In an Oct. 8 ruling, U.S. Magistrate H. Kenneth Schroeder Jr. credited Alwan with extricating himself from the camp and distancing himself from its activities after just 10 days by feigning an ankle injury.
But the government brought "clear and convincing" evidence that the five others attended the camp for up to six weeks and heard bin Laden's message, the judge ruled. He called the men a "danger to the community" and a flight risk.
A trial likely won't be held until next year.