Tuesday, July 25, 2006
Jury is chosen for ‘holy war’ case
Defendant Lewis allegedly had desire to die in jihad
By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com
WORCESTER— A jury was selected yesterday in U.S. District Court for the weapons trial of a Worcester man who allegedly expressed his intention to die in a holy war.
Fourteen jurors will hear opening arguments in federal court today in the case of Samuel J. Lewis, also known as Shaheed Lewis, formerly of 56 Chino Ave. and 236 Constitution Ave. He is charged with 17 counts of making false statements or false records while acquiring weapons, mostly from gun shops, in Webster, Northboro, Gardner, Lunenburg and Shrewsbury between Aug. 1, 2002, and Sept. 17, 2003.
Federal defense lawyers Timothy G. Watkins and William W. Fick contended that Mr. Lewis is a victim of selective law enforcement because he is a black man who has converted to Islam. But Judge F. Dennis Saylor IV rejected their argument and ordered the trial to go forward.
Although the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives began its investigation in August 2003 in conjunction with the FBI’s Joint Terrorism Task force, Mr. Lewis is not charged with terrorist crimes. Assistant U.S. Attorneys B. Stephanie Siegmann and David H. Hennessy said that Lewis bought 32 firearms between November 2000 and October 2003, making false statements in connection with acquiring 16 of them.
The statements allegedly falsely stated his place of residence or that he was buying the weapons for himself rather than for someone else.
Mr. Lewis’ lawyers presented evidence that whites and non-Muslims were not prosecuted as severely as Mr. Lewis has been.
But Judge Saylor ruled that the executive branch has “the general power to determine which laws to enforce and against whom to enforce them.” While that broad power is not unfettered, the judge ruled, Mr. Lewis did not present the required “clear evidence” that the Supreme Court has ruled is necessary to show that the prosecution acted unjustifiably such as basing its actions on “race, religion or other arbitrary classification.”
Judge Saylor cited allegations by the government that Mr. Lewis is not “similarly situated” to others the defense said were not so heavily prosecuted. He quoted the government as citing Mr. Lewis’ ex-wife as saying that he had become increasingly anti-American over the past three years and expressing an intention to die in a jihad or holy war.
She said that he had traveled to either Syria or Somalia for a month in the spring of 2003, expressed an interest in moving to the Middle East, and that he used the first name “Shaheed,” which means among other things “martyr,” Judge Saylor said in a pretrial ruling.
ATF learned from the Diplomatic Security Service that Mr. Lewis received a new passport after reporting a lost passport in 2001, and that can be a tactic to “clean” a passport of evidence of travel to countries linked to terrorism-related activities, Judge Saylor wrote.
The government contends Mr. Lewis is much more dangerous than the usual caliber of defendant who has made a false statement to acquire a firearm. Judge Saylor said “there is considerable evidence that the defendant poses a substantial danger of violence and a possible connection to terrorist activities.”
“While the government is not permitted to prosecute him (Mr. Lewis) because he has converted to Islam,” Judge Saylor wrote in a footnote, “it is not required to ignore that fact when considering his possible connections to terrorist or anti-American activities — particularly in light of the evidence that he has traveled to Middle Eastern countries with terrorist activities and expressed a desire to die in a jihad. Likewise, his deliberate choice of name — which he, not his parents, selected — is a relevant fact that law enforcement may take into account in assessing the evidence against him.”
Wednesday, August 2, 2006
Gun buyer convicted of giving false info to weapons dealers
Prosecutors alleged anti-American bent
By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com
WORCESTER— A Worcester man whose alleged anti-American sentiments came to the attention of the government has been convicted in U.S. District Court on charges of making false statements when buying 16 firearms.
Samuel J. Lewis, also known as Shaheed Lewis, 33, of 23 Mount Vernon St., was convicted Monday by a jury on 15 counts of making false statements while buying 16 weapons between August 2002 and September 2003. The weapons were bought from licensed dealers Clarence Edgar Floyd of Lunenburg; Sparky’s Gun Shop in Webster; Village Gun Shop in Northboro; Match Shot Firearms in Gardner; Wayne’s Weaponry in West Boylston; and The Gun Room in Shrewsbury.
The jury found Mr. Lewis not guilty on two other charges: making false statements to hide the identity of the true purchaser of two weapons.
Judge F. Dennis Saylor IV set sentencing for Nov. 13. Mr. Lewis faces a maximum of 5 years in prison followed by 3 years of supervised released and a $250,000 fine.
The prosecution said that Mr. Lewis bought the firearms and lied about his home address to the firearms dealers while he was enrolled in Catholic Charities’ Homeward Bound program. The program provides housing to homeless families and prohibits possession of firearms.
Later he got housing through the Worcester Housing Authority transitional housing program and concealed from the authority the purchase of the weapons costing more than $4,000, according to Assistant U.S. Attorneys B. Stephanie Siegmann of the U.S. attorney’s anti-terrorism and national security unit and David H. Hennessy of the U.S. attorney’s Worcester office.
Mr. Lewis’ lawyers, federal defenders Timothy G. Watkins and William W. Fick, had contended that their client, a black man who had converted to Islam, was being selectively prosecuted because of his race and religion.
The government alleged that Mr. Lewis had traveled to Syria or Somalia, that he was becoming increasingly anti-American and that he said that he wished to die in a holy war.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives began its investigation in August 2003 in conjunction with the FBI’s Joint Terrorism Task Force. The investigation also involved the U.S. Department of Housing and Urban Development, Massachusetts State Police and Worcester Police Department.
Jury is chosen for ‘holy war’ case
Defendant Lewis allegedly had desire to die in jihad
By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com
WORCESTER— A jury was selected yesterday in U.S. District Court for the weapons trial of a Worcester man who allegedly expressed his intention to die in a holy war.
Fourteen jurors will hear opening arguments in federal court today in the case of Samuel J. Lewis, also known as Shaheed Lewis, formerly of 56 Chino Ave. and 236 Constitution Ave. He is charged with 17 counts of making false statements or false records while acquiring weapons, mostly from gun shops, in Webster, Northboro, Gardner, Lunenburg and Shrewsbury between Aug. 1, 2002, and Sept. 17, 2003.
Federal defense lawyers Timothy G. Watkins and William W. Fick contended that Mr. Lewis is a victim of selective law enforcement because he is a black man who has converted to Islam. But Judge F. Dennis Saylor IV rejected their argument and ordered the trial to go forward.
Although the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives began its investigation in August 2003 in conjunction with the FBI’s Joint Terrorism Task force, Mr. Lewis is not charged with terrorist crimes. Assistant U.S. Attorneys B. Stephanie Siegmann and David H. Hennessy said that Lewis bought 32 firearms between November 2000 and October 2003, making false statements in connection with acquiring 16 of them.
The statements allegedly falsely stated his place of residence or that he was buying the weapons for himself rather than for someone else.
Mr. Lewis’ lawyers presented evidence that whites and non-Muslims were not prosecuted as severely as Mr. Lewis has been.
But Judge Saylor ruled that the executive branch has “the general power to determine which laws to enforce and against whom to enforce them.” While that broad power is not unfettered, the judge ruled, Mr. Lewis did not present the required “clear evidence” that the Supreme Court has ruled is necessary to show that the prosecution acted unjustifiably such as basing its actions on “race, religion or other arbitrary classification.”
Judge Saylor cited allegations by the government that Mr. Lewis is not “similarly situated” to others the defense said were not so heavily prosecuted. He quoted the government as citing Mr. Lewis’ ex-wife as saying that he had become increasingly anti-American over the past three years and expressing an intention to die in a jihad or holy war.
She said that he had traveled to either Syria or Somalia for a month in the spring of 2003, expressed an interest in moving to the Middle East, and that he used the first name “Shaheed,” which means among other things “martyr,” Judge Saylor said in a pretrial ruling.
ATF learned from the Diplomatic Security Service that Mr. Lewis received a new passport after reporting a lost passport in 2001, and that can be a tactic to “clean” a passport of evidence of travel to countries linked to terrorism-related activities, Judge Saylor wrote.
The government contends Mr. Lewis is much more dangerous than the usual caliber of defendant who has made a false statement to acquire a firearm. Judge Saylor said “there is considerable evidence that the defendant poses a substantial danger of violence and a possible connection to terrorist activities.”
“While the government is not permitted to prosecute him (Mr. Lewis) because he has converted to Islam,” Judge Saylor wrote in a footnote, “it is not required to ignore that fact when considering his possible connections to terrorist or anti-American activities — particularly in light of the evidence that he has traveled to Middle Eastern countries with terrorist activities and expressed a desire to die in a jihad. Likewise, his deliberate choice of name — which he, not his parents, selected — is a relevant fact that law enforcement may take into account in assessing the evidence against him.”
Wednesday, August 2, 2006
Gun buyer convicted of giving false info to weapons dealers
Prosecutors alleged anti-American bent
By Lee Hammel TELEGRAM & GAZETTE STAFF
lhammel@telegram.com
WORCESTER— A Worcester man whose alleged anti-American sentiments came to the attention of the government has been convicted in U.S. District Court on charges of making false statements when buying 16 firearms.
Samuel J. Lewis, also known as Shaheed Lewis, 33, of 23 Mount Vernon St., was convicted Monday by a jury on 15 counts of making false statements while buying 16 weapons between August 2002 and September 2003. The weapons were bought from licensed dealers Clarence Edgar Floyd of Lunenburg; Sparky’s Gun Shop in Webster; Village Gun Shop in Northboro; Match Shot Firearms in Gardner; Wayne’s Weaponry in West Boylston; and The Gun Room in Shrewsbury.
The jury found Mr. Lewis not guilty on two other charges: making false statements to hide the identity of the true purchaser of two weapons.
Judge F. Dennis Saylor IV set sentencing for Nov. 13. Mr. Lewis faces a maximum of 5 years in prison followed by 3 years of supervised released and a $250,000 fine.
The prosecution said that Mr. Lewis bought the firearms and lied about his home address to the firearms dealers while he was enrolled in Catholic Charities’ Homeward Bound program. The program provides housing to homeless families and prohibits possession of firearms.
Later he got housing through the Worcester Housing Authority transitional housing program and concealed from the authority the purchase of the weapons costing more than $4,000, according to Assistant U.S. Attorneys B. Stephanie Siegmann of the U.S. attorney’s anti-terrorism and national security unit and David H. Hennessy of the U.S. attorney’s Worcester office.
Mr. Lewis’ lawyers, federal defenders Timothy G. Watkins and William W. Fick, had contended that their client, a black man who had converted to Islam, was being selectively prosecuted because of his race and religion.
The government alleged that Mr. Lewis had traveled to Syria or Somalia, that he was becoming increasingly anti-American and that he said that he wished to die in a holy war.
The U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives began its investigation in August 2003 in conjunction with the FBI’s Joint Terrorism Task Force. The investigation also involved the U.S. Department of Housing and Urban Development, Massachusetts State Police and Worcester Police Department.