A federal judge in the Khalid Ali-M Aldawsari terrorism trial Wednesday has rejected a motion from the defense for an acquittal and set aside the verdict of guilty in hopes to retry the case.
The order, written by visiting U.S. District Judge Donald E. Walter, denied the motion, because the prosecution "proved each element of the crime beyond a reasonable doubt."
An 11-page order denied the request for a new trial, "In reviewing the records as a whole, it is clear that Aldawsari received a fair trial."
The defense had argued that in the closing arguments the prosecutors had made three false statements that had the intention to incite the passions of the jurors.
The instructions to the jury about the law in the case were incorrect, that Walter misread a portion of the jury instructions aloud then correcting himself were grounds for a new trial.
Walter addressed the claim that the prosecution made false statements, saying there was sufficient evidence to support that Aldawsari "had been planning to attack the United States since he was 11 years old."
Walter pointed out to the defenses argument that Aldawsari had downloaded videos on how to make a chemical bomb and a detonator were not presented as evidence during the trial.
To address other speculation of Aldawsari's possible acquittal and deportation to Saudi Arabia, the judge ruled that the statements were "slightly inappropriately and weakly prejudicial."
Sentencing is set for Oct. 9. Aldawsari faces up to life in prison.
