Feds Fear License Examiner is Dead

Woman's co-defendants tied to 9/11, judge told

by Tom Bailey Jr.
GoMemphis
February 12, 2002
http://www.gomemphis.com/mca/local_news/article/0,1426,MCA_437_982376,00.html

A missing Tennessee driver's license examiner charged with conspiring to provide licenses fraudulently was probably the victim of a "most unusual and suspicious" death, a federal prosecutor said Monday.

Asst. U.S. Atty. Tim Di Scenza also raised the possibility in court that Katherine Smith's five codefendants are involved in terrorism against the United States, citing "connections" to Sept. 11 and the World Trade Center.

A defense attorney, however, protested that the only reason the prosecutor raised the issue of terrorism is that the defendants are from the Middle East.

DiScenza told the court that the same car Smith drove when she was arrested Feb. 5 crashed in Fayette County east of Collierville early Sunday.

Although the gas tank did not explode and the car was only slightly dented from impact with a pole, a fire burned the person inside beyond recognition, FBI agent J. Suzanne Nash testified Monday.

The body had not been identified late Monday, but DiScenza told U.S. Magistrate Judge Diane Vescovo that there was a "great possibility" it was Smith.

While authorities have not determined if foul play was involved in Smith's disappearance, Vescovo described the revelations as "upsetting and disturbing."

Nash testified she was called about the wreck at 1 a.m. Sunday. Smith's family told authorities she'd been missing since Saturday night.

Smith was to have appeared Monday for a detention and probable cause hearing in the conspiracy case against her and Khaled Odtllah, 31, of Shelby County; Sakhera Hammad, 24, of New York City, and Mohammed Fares, Mostafa Said Abou-Shahin and Abdelmuhsen Mahmid Hammad, for whom ages and addresses were unavailable.

Smith had been free on bond since Feb. 5. The other five defendants have been detained since their arrest the same day.

The specter of terrorism and Sept. 11 emerged in Monday's hearing when DiScenza asked Nash if documents seized from the suspects had been examined.

She responded that a visitor's pass for the World Trade Center, dated Sept. 5, 2001, was found in Sakhera Hammad's wallet. Hammad told authorities he was a plumber and worked on the center's sprinkler system, Nash said.

She also said that Abdelmuhsen Mahmid Hammad and Sakhera Hammad said they were cousins, and worked together in the plumbing business.

Nash also testified that Odtllah drove back from New York City to Memphis on Sept. 11.

But Anthony Helm, attorney for Odtllah, asked Nash, "You certainly don't have any indication any of these fellows is a terrorist, do you?"

"Not at this time, no sir," Nash responded.

Helm also argued that Odtllah has many relatives in New York City, suggesting it wouldn't be unusual for him to travel there.

Vescovo continued the hearing until Wednesday for three of the defendants, Abou-Shanin, Abdelmuhsen Mahmid Hammad and Fares, primarily to arrange for an Arabic interpreter. The men told the FBI they are in the country illegally. She went ahead with the hearing for Odtllah and Sakhera Hammad.

Nash testified that Odtllah and Sakhera Hammad led the driver's license scheme. She said Odtllah made the arrangements with his friend Smith, and that Hammad drove the people who bought the fraudulent licenses from New York.

She said that Odtllah received $1,000 per license, and that Hammad would receive any amount paid over $1,000.

After two hours of testimony and arguments, Vescovo ordered each man held without bond until their trial.

During the hearing, Di Scenza and Nash revealed details of the government's case against the six defendants.

Smith had told authorities after her arrest that Odtllah, who goes by the nickname "Kal," was a friend, and that he had asked her to help him obtain driver's licenses six or seven times before.

Odtllah has lived in Shelby County two and a half years. Until a few months ago, he owned a Phillips 66 gas station. He also buys and sells cars.

Nash testified that Smith had said she was buying from Odtllah the champagne-colored 1992 Acura that crashed early Sunday.

Nash testified that Smith had assigned four driver's license numbers in the station's computer system using forms filled out by Odtllah. But only Fares's license showed his correct name. The other three applications contained fictitious and "totally untraceable" names, DiScenza said.

"Those kind of IDs are for further criminal activities," DiScenza said.

Nash said Sakhera Hammad told her he came to Tennessee to get driver's licenses only to help people have identification so they can get jobs.

Sakhera Hammad is from Jordan, but has become a U.S. citizen, said his father, Peter Hansen of New York, who attended the hearing.

Odtllah came to the United States from Jerusalem 13 years ago, Helm said.

Nash said Abou-Shahin told authorities he was from Egypt and is a carpenter.

Fares has a Venezuelan passport, but speaks Arabic, DiScenza said.

DiScenza said a key question is whether the alleged license conspiracy had a purpose greater than obtaining driver's licenses so illegal immigrants could find work.

Do the circumstances in the case connect the alleged conspiracy to the World Trade Center terrorism, he asked rhetorically.

"Of course not," DiScenza said. "But, you can only have so many coincidences."

Helm argued that the case is not "connected to anything else in the world." He said prosecutors are making the terrorism implications only because the defendants are from the Middle East.

Vescovo said the "completely untraceable" licenses were a great concern to the court.

"What further concerns me greatly is that Ms. Smith's vehicle has been burned and a body is inside," she said.

While no testimony Monday links Odtllah or Sakhera Hammad to Smith's disappearance, Vescovo said, "She is connected to the case against them."

© Copyright 2002

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