Padilla sent to 17-year prison sentence

By Curt Anderson

MIAMI – Jose Padilla, an American once accused of plotting with al-Qaida to detonate a radioactive “dirty bomb,” was sentenced Tuesday to a relatively lenient 17-year prison term on unrelated terror support charges.

Prosecutors, who long ago dropped the “dirty bomb” claim that made the former Chicago gang member infamous, had sought life sentences for Padilla and two co-defendants, but a federal judge said authorities never even proved Padilla was a terrorist.

“There is no evidence that these defendants personally maimed, kidnapped or killed anyone in the United States or elsewhere,” U.S. District Judge Marcia Cooke said. “There was never a plot to overthrow the United States government.”

Cooke took into account the harsh, isolated conditions Padilla faced during the 3« years he was held in a brig, without charge, as an enemy combatant after his 2002 arrest. Defense lawyers claim he was tortured by the military, but U.S. officials denied that claim and Cooke never used the word torture.

Padilla, 37, and co-defendants Adham Amin Hassoun, 45, and Kifah Wael Jayyousi, 46, were convicted in August of terrorism conspiracy and material support after a three-month trial. Jurors concluded they were part of a support cell that sent recruits, money and supplies to Islamic extremists worldwide, including al-Qaida.

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Padilla was billed as a “star recruit,” while Hassoun was the recruiter and Jayyousi served as a financier and propagandist in the cell’s early years, according to trial testimony.

Padilla was added to the case in late 2005, just as his legal challenges to continued detention without criminal charge were reaching the U.S. Supreme Court. Padilla was declared an enemy combatant a month after his highly publicized arrest on the purported radioactive “dirty bomb” plot, but those allegations were quietly discarded.

All three men are likely to appeal their convictions and sentences, their lawyers said. But even they were surprised at the leniency shown by Cooke. “It is definitely a defeat for the government,” said Hassoun lawyer Jeanne Baker.

Associated Press writer Lisa Orkin Emmanuel contributed to this report.