Video: Judge throws out charge in Padilla case

updated 8/21/2006 4:31:33 PM ET 2006-08-21T20:31:33

A federal judge on Monday threw out one count in the terror indictment against alleged al-Qaida operative Jose Padilla and his co-defendants, concluding that it repeated other charges in the same indictment.

The ruling by U.S. District Judge Marcia Cooke leaves intact two other terror-related counts against Padilla and the others alleging a conspiracy to provide material support to Islamic extremist causes worldwide.

The count that was dropped charged a conspiracy to “murder, kidnap and maim persons in a foreign country.”

Cooke ruled that charge was unnecessary because the alleged illegal acts were already covered by the other terror-related counts in the indictment. Prosecuting all three charges, she said, would violate the Constitution’s ban against double jeopardy, or prosecution of the same charges twice.

© 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


Discussion comments


Most active discussions

  1. votes comments
  2. votes comments
  3. votes comments
  4. votes comments