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'Liberty City 6' To Be Tried For Third Time

2 Mistrials Declared, 1 Defendant Acquitted Since Initial Trial Began Last Fall

POSTED: Wednesday, April 23, 2008
UPDATED: 9:35 pm EDT April 23,2008

Despite two mistrials, federal prosecutors said Wednesday they will try a third time to convict six men accused of scheming with al-Qaida to bomb the Sears Tower in Chicago, the FBI office in Miami and other federal buildings in several cities.

Narseal Batiste, Patrick Abraham, Stanley Grant Phanor, Naudimar Herrera, Burson Agustin and Rotschild Augustine will stand trial for the third time in the so-called trial of the "Liberty City Seven." Luglenson Lemorin was acquitted in December, when the first trial ended in a mistrial.

"In referring to America, Mr. Batiste said on tape he wanted to kill all the American devils," assistant U.S. attorney Richard Gregorie said. "In light of this, we plan to proceed with another trial."

The families of the defendants left the federal courthouse in downtown Miami without commenting, except for Pierre Augustine, whose two sons are among the accused.

"I don't know why they have to put them in jail," Augustine told reporters. "The reason why is because they're black, no matter what. (They have already gone through) two trials. Now they have to go to the third one. That makes no sense."

Last week, a mistrial was declared after jurors could not agree on the verdicts.

Herrera will be released on bond, but Batiste – the alleged ring leader – will remain jailed until the trial begins.

Attorneys are under a gag order and were not permitted to comment about the case. One of the defendants is seeking a new lawyer, so it was unclear when the third trial would begin.

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