Fed. judge declares 2nd mistrial in terror case

US District Judge Joan A. Lenard Wednesday declared a second mistrial in a terrorism prosecution of six men charged with conspiring to bomb the Sears Tower in Chicago and the FBI headquarters in Miami after the jury was unable to reach a verdict after 13 days of deliberations. In December 2007 Lenard declared an initial mistrial when the jury was deadlocked after nine days of deliberations. A seventh man was acquitted in that proceeding.

The seven were indicted last year on charges of conspiring to provide material support to al Qaeda; conspiring to provide material support, training, and resources to terrorists; conspiring to maliciously damage and destroy by means of an explosive; and conspiring to levy war against the government of the United States. The indictment alleged that ringleader Narseal Batiste recruited the six other defendants to "organize and train for a mission to wage war against the United States government," and that they pledged an oath to al Qaeda in an attempt to secure financial and logistical backing. Lawyers for some of the men said that their clients were entrapped by an FBI informant posing as an al Qaeda operative. If the men had been convicted, they would have faced up to 70 years in prison.