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Bail Ruling Delayed; Court to Hear New Evidence

By Joyce Kryszak

Buffalo, NY – New evidence has delayed the bail decision expected this Thursday for six Lackawanna men accused of supporting terrorism. Instead, the extraordinary, three day bail hearing, which ended more than a week ago, will be reopened.

Prosecutors say they have found new evidence, what they're calling clear and convincing proof that the men are too dangerous to be released on bail.

At issue is a document seized last week from the home of one of the suspects, Yassein Taher. It's titled, "Definition of Martyrdom Operations, and Their Effect on the Enemy." Authorities describe the document as "chilling." It allegedly advocates the use of suicide bombings.

Defense Attorney Rodney Personius, who represents Taher, says he welcomes the chance to respond in court.

"Certainly the judge is well within his discretion in considering new information. He certainly should have the most up to date information when he makes his decision," said Personius. "I can assure you that on Thursday when the hearing is re-opened we'll be fully prepared to respond to the position taken by the government with respect to this document."

A ruling on bail is now not expected until early next week. The six men have been in custody since mid September. Personius says he's concerned about the defendents being held longer. But he's eager to defend his client against all charges.

"At this point it's a greater concern that the judge have before him a complete record of the available evidence and a full response by the defense to the allegations that have been made by the government," Personius said.

The six Lackawanna men, who are all of Yemeni decent, are accused of attending an al Qaida training camp and providing support to the terrorist network.