Federal judge rejects bond for terror suspect


Photo Galleries: Terror suspects plead not guilty in Riverside federal court

Documents: FBI press release | Criminal complaint

RIVERSIDE - A former Pomona resident accused of plotting a violent holy war against the U.S. was denied bond and remanded to federal custody on Tuesday after a magistrate judge determined he was a potential flight risk and danger.

Sohiel Omar Kabir, 35, who stands accused of providing material support to terrorists, was responsible for radicalizing two other defendants charged in the case, Ralph Deleon, 23, of Ontario, and Miguel Alejandro Vidriales Santana, 21, of Upland, and was planning on taking a "one-way trip," i.e. a suicide mission, with C-4 explosives, said federal prosecutor Susan DeWitt, deputy chief of the U.S. Attorney's Office's National Security Section, during a detention hearing for Kabir.

Kabir's attorney, federal public defender Jeffrey Aaron, tried to convince Judge Oswald Parada that the evidence didn't justify his client being deemed a potential flight risk and danger to the public. He requested that bond be set for Kabir and receive home detention and electronic monitoring.

"There is really no clear and supporting evidence that there was material support to a terrorist organization," Aaron told Parada, adding that Kabir committed no violent acts or crimes while in Afghanistan, where he resided from July 24, until the time of his arrest last month by Army Special Forces.

Aaron has questioned what he has called in court documents "severe" injuries to Kabir's face and head during his arrest in Afghanistan, where authorities say he was planning on rendezvousing with the other three defendants to begin training and planning a jihad against the U.S.

Also charged in the case are Deleon, Vidriales Santana, and Arifeen David Gojali, 21, of Riverside.

Among the injuries Kabir suffered during his arrest include facial cuts, a fractured facial bone, lacerations to the head that required surgical staples, a blunt force injury to his eye and various other contusions and lacerations, court records show.

DeWitt said Kabir was "extremely combative" with his captors during his arrest and attempted to grab the soldiers' grenades and weapons. She said the military used "minimum force" when detaining Kabir, and that Kabir received medical treatment at a U.S. military facility and was cleared to travel before returning to the U.S.

Kabir's injuries were not clearly evident during Tuesday's hearing. He sat between his two attorneys, Aaron and federal public defender Angela Viramontes, wearing a red jail jumpsuit, indicating he has been categorized as a high-risk offender.

Parada determined there was "clear and convincing evidence" to believe Kabir was a potential flight risk and danger and ordered that he be held in the custody of U.S. Marshal without bond.

Federal prosecutors presented more than 1,500 pages of documented evidence to Kabir's attorneys on Monday. During Tuesday's hearing, Parada ordered a one-hour recess so the defense attorneys could review audio and video evidence handed over by prosecutors.

That evidence included Facebook postings by Kabir that included a video of an American military base being bombed and recorded conversations between Kabir and Vidriales Santana in which they discuss their connections to al-Qaida and the other defendants' plans to travel to Afghanistan to join other "students" and "professors."

DeWitt said the "students" was code for the Taliban and "professors" was code for al-Qaida.

In her argument against setting bond for Kabir, DeWitt said he has no job, has international travel connections, some with terrorist groups, and has a criminal record including assault with a deadly weapon, drug use and an escape attempt, which she did not elaborate on.

"It shows a lifelong pattern of violating the law," DeWitt said.

Aaron confirmed Kabir had a "minor criminal record" but it did not warrant he be held without bond.

Kabir has been a U.S. citizen since he was 2 years old, is a military veteran (he served in the Air Force for less than two years before being honorably discharged for a medical disability) and has a mother, father and two brothers residing in Southern California, Aaron said.

Kabir left the U.S. for Germany on Dec. 28, 2011, then went to Afghanistan on July 24, where he resided until his arrest. He suffers from epilepsy and receives medical disability for injuries he suffered in a motor vehicle accident, court records show.

Since his arrest, Kabir has had difficulty maintaining his balance, has memory problems and, as a result of his beating during his arrest, is troubled by white flashing light that impairs his vision, according to the court document.

Aaron told Parada he disputed DeWitt's version of the facts surrounding Kabir's arrest and will take the matter up at a later date, as Tuesday's hearing was not the proper forum.

Aaron has raised other issues with the prosecution's case. He said the FBI informant prosecutors are hanging much of their case on was paid more than $250,000 as an informant, is a convicted drug trafficker and an illegal immigrant.

A great deal of the evidence in the case centers on hearsay statements made by other defendants and not Kabir, and though Kabir often discussed how the other defendants were going to get to Afghanistan and pay for their travel, those plans evolved and often changed, Aaron said in the court document.

"The impulsive and vague planning appears throughout the (criminal) complaint," the document states. "The other defendants, at least according to the informant, discuss specific violent acts, but Mr. Kabir is far more vague and unfocused."

DeWitt said that was all irrelevant.

"What's relevant is what they intended to do, what they conspired to do," DeWitt said.

Parada ordered Kabir to next appear in court on Dec. 19 for a post-indictment arraignment.

Kabir should be indicted before that court date. If not, then a preliminary hearing will occur at 4:30 p.m. on Dec. 18 at the Riverside court, Aaron said.
