Though both sides have known about the witness interview for some time, they were precluded from disclosing it because of a judge's gag order. Both sides confirmed it Wednesday after the judge lifted the gag order because one of the original prosecutors in the case, Richard Convertino, granted an interview to The Associated Press this week.
James Thomas, a lawyer for one of the Detroit defendants, said the new witness testimony undercuts one of the key pieces of evidence used against his clients. "It was an amateurish video taken by school kids," Thomas said.
Justice officials said their review has turned up several problems with the original prosecution.
"Since the discovery of the tape in Detroit in 2001 and
up until recently, the Justice Department's experts believed the footage was terrorist surveillance," but the new information has caused them to re-evaluate, a Justice official said, speaking only on condition of anonymity because the internal investigation is still under way.
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