Newburgh Four appeal denied

The convictions of four Newburgh, N.Y. men accused of plotting to blow up two Riverdale synagogues were upheld in a Manhattan federal court yesterday.

James Cromitie, Onta Williams, David Williams and Laguerre Payen — known as the Newburgh Four — appealed their convictions in January, arguing that “outrageousgovernment conduct,” among other complaints, invalidated the trial.

In its appeal, the defense had argued that an FBI informant “created the criminal, then manufactured the crime,” by convincing Mr. Cromitie to pursue terrorism and recruit followers.

“There is some truth to that description of what transpired here,” Judge Colleen McMahon wrote in her decision. “Nonetheless, the motion is denied.”

The men were arrested May 20, 2009 in Riverdale, after trying to plant explosives outside the Riverdale Jewish Center and Riverdale Temple. They had also planned to shoot missiles at military planes located at Stewart Air National Guard Base near Newburgh, N.Y.

After an eight-week trial and eight days of deliberations, all four men were convicted on Oct. 18 of conspiracy to use weapons of mass destruction within the U.S.; three counts of attempting to use weapons of mass destruction within the U.S.; conspiracy to acquire and use anti-aircraft missiles; attempting to acquire and use anti-aircraft missiles and conspiracy to kill officers and employees of the U.S.
Mr. Cromitie and Mr. Williams were also found guilty of attempting to kill officers and employees of the U.S. Mr. Williams and Mr. Payen were found not guilty on that charge.

In the appeal that was filed in January to overturn the convictions, the defense challenged the jury’s conclusion that the defendants were not entrapped. The defense argued that an FBI informant’s promises of money and goods in exchange for bombing the synagogues, in fact, constituted entrapment.

Judgen McMahon concluded that while elements of the government’s investigation seemed like entrapment, the defendants acted out of their own free will when deciding to participate in the attempted bombing.