Surveillance video taken on the day that two Phoenix men left for suburban Dallas to attack a 2015 Prophet Muhammad cartoon contest shows them in religious clothing, one of the men with a handgun on his hip and both carrying unspecified objects out of their apartment, an FBI agent has testified.
The footage showing Elton Simpson and Nadir Soofi outside their Phoenix apartment before the attack in Garland was the focus of a court hearing Tuesday. The FBI didn't turn over the footage until three years after a friend of Simpson and Soofi was convicted for providing the guns used in the attack.
Attorneys for Abdul Malik Abdul Kareem, who is serving a 30-year prison sentence for providing the guns and other convictions, argue the footage would have been beneficial to their client's defense. They are asking a judge to either grant him a new trial or throw out his convictions and bar prosecutors from refiling the charges.
The video wasn't played in court, but FBI agent Amy Fryberger described its contents.
As part of an earlier investigation of Simpson, Fryberger requested that a camera be installed three weeks before the Texas attack because Simpson had been in contact with a person who was overseas fighting for a terrorist organization.
The camera was installed the day that Simpson and Soofi left for the anti-Islam event. The lead FBI agent in the Kareem investigation didn't learn of the video until early 2019, prosecutors said.
Simpson and Soofi were armed with semi-automatic weapons, body armor and had a copy of the Islamic State flag when they arrived at the event. They were killed in a shootout with local police officers assigned to guard the event. A security guard was shot in the leg.
Kareem, who also was convicted of conspiring with Simpson and Soofi to provide support to the Islamic State terror group, wasn't in Texas during the attack.
Authorities said Kareem had trained Simpson and Soofi on how to use the guns and watched jihadist videos with them. Kareem testified he didn't know his friends were going to attack the contest.
His attorneys said the camera didn't capture any footage of Kareem, who was accused of being the trainer and providing financing for the attack. They said the video would have raised doubts at trial because it would be expected that a person serving as a trainer and motivator for such an attack would have been at the apartment to work out last-minute details.
Prosecutors say the evidence will show FBI agents inadvertently overlooked the surveillance footage as they moved forward with a broad and fast-moving investigation. They said agents and prosecutors didn't have a motive to conceal the recording.
On the night of the Texas attack, Fryberger said she spent hours reviewing the footage but didn't find anything of evidentiary significance.
She looked at the footage in hopes of finding that Simpson was still in Arizona, not Texas. "We didn't have information from the scene (in Texas), so we were trying to determine if our guys were in town or not," Fryberger said.
Kareem's attorneys faulted the FBI for the lack of disclosure.
The existence of a pole camera was discovered in November 2018 as prosecutors reviewed records in the Kareem case during post-trial litigation. Prosecutors then asked an agent to track down information about the camera.
Even though the footage was disclosed years after Kareem's trial, prosecutors said the camera didn't offer a view of both entrances leading to the apartment, meaning Simpson and Soofi could have come and go without being seen by the camera.
Fryberger said the video wasn't mentioned in any of the meetings with squads investigating Simpson and Soofi. "They didn't reveal anything of major significance," Fryberger said.
When questioning another FBI agent, U.S. District Judge Susan Bolton said she found it odd that the surveillance footage wasn't mentioned during the meetings.
The camera outside the apartment wasn't the first surprising disclosure made by federal authorities since Kareem was convicted in March 2016.
In the months after his trial, authorities revealed for the first time that an undercover FBI agent had exchanged social media messages with Simpson days before the attack and was sitting in a vehicle outside the Garland convention center when the attack began.
As the agent drove around Simpson and Soofi's car, which had stopped abruptly, the attackers got out and opened fire with military-style rifles. The agent drove away and was stopped by police. Prosecutors said the information about the undercover officer was classified at the time of the trial.
Follow Jacques Billeaud at twitter.com/jacquesbilleaud.
PHOENIX (AP) — Fernando Tatis Jr. and Jake Cronenworth hit back-to-back homers, Dylan Cease pitched 6 2/3 strong innings and the San Diego Padres won their third game in a row, beating the Arizona Diamondbacks 7-1 on Friday night.
Manny Machado hit a two-run homer. Cronenworth finished with three extra-base hits, adding two doubles.
The Padres had a big offensive game on the same night they learned they might be adding another good hitter. San Diego is close to acquiring two-time batting champion Luis Arráez in a deal with the Marlins.
“I think it's great — you're always looking for more offense and a left-handed bat to balance out the lineup,” Padres manager Mike Shildt said. “But listen, nothing's official. We'll leave it at that.”
The Diamondbacks have lost 10 straight series openers after beating the Colorado Rockies on opening day.
D-backs pitcher Slade Cecconi (1-2) retired the first nine batters he faced, but ran into trouble in the fourth. Jurickson Profar walked to start the inning and Tatis launched a shot to left-center — his seventh homer of the season.
Cronenworth followed with another homer to make it 3-0 and rookie Jackson Merrill broke an 0-for-20 stretch at the plate with a one-out RBI double for a 4-0 lead.
Cronenworth had a down 2023 season, but has looked much more like the hitter who was an All-Star in 2021 and 2022 through the first month of this season. He's batting .279 with six homers and 25 RBIs.
It was Cronenworth’s second straight game with a homer. He hit a grand slam in the team’s 6-2 victory over the Reds on Wednesday.
“It's the right approach with the right swing,” Shildt said. “He's married both. He's driving the ball to all different parts of the field and not trying to do to much.”
Cecconi didn't make it out of the fifth, giving up six runs over 4 1/3 innings.
The Padres' three-homer outburst provided plenty of support for Cease (4-2), the hard-throwing right-hander who gave up just one run on three hits while striking out eight. He didn't allow a walk.
“I think my fastball command was a lot better, which is really a lot of the battle,” Cease said. “When I'm getting my fastball where it needs to go, it opens up a lot of stuff.”
Machado made it 7-0 in the fifth with a two-run homer to left center off reliever Matt Bowman. The scorched line drive came off Machado's bat at 111.7 mph.
The sliding D-backs — defending National League champions — have lost 10 of their past 15 games and fell to 14-19 for the season.
“We got beat tonight,” D-backs manager Torey Lovullo said. "We got out-managed, we got out-pitched, we got out-hit, we got out-coached. We've got to find a way to get the job done and play our type of baseball. That's the bottom line.
“We're grinding away. We're trying.”
Arizona finished with just three hits. Eugenio Suárez had an RBI single in the fifth.
TRAINER'S ROOM
Diamondbacks: Lovullo told reporters that closer Paul Sewald (oblique) and OF Alex Thomas (hamstring) could return to the active roster as soon as Tuesday against the Reds.
UP NEXT
The D-backs will throw RHP Brandon Pfaadt (1-1, 4.63 ERA) while the Padres will counter with RHP Michael King (2-3, 5.00 ERA) on Saturday night.
AP MLB: https://apnews.com/hub/mlb
Arizona Diamondbacks' Ketel Marte, left, celebrates his double as San Diego Padres shortstop Ha-Seong Kim, front right, of South Korea, and umpire Phil Cuzzi (10) look for the baseball during the first inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres starting pitcher Dylan Cease throws against the Arizona Diamondbacks during the first inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres manager Mike Shildt watches the action on the field during the second inning of a baseball game against the Arizona Diamondbacks Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres' Manny Machado (13) rounds the bases after hitting a two run home run as Arizona Diamondbacks first baseman Christian Walker, left, pauses at first base during the fifth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
Arizona Diamondbacks relief pitcher Matt Bowman, center, rubs up a new baseball after giving up a two-run home run to San Diego Padres' Manny Machado, left, during the fifth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres' Manny Machado points to the sky as he rounds the bases after hitting a two-run home run against the Arizona Diamondbacks during the fifth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
Arizona Diamondbacks' Ketel Marte, right, slides safely into second base with a double as San Diego Padres shortstop Ha-Seong Kim, of South Korea, applies a late tag during the first inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
San Diego Padres' Fernando Tatis Jr., right, celebrates his two-run home run against the Arizona Diamondbacks with Padres' Manny Machado (13) during the fourth inning of a baseball game Friday, May 3, 2024, in Phoenix. (AP Photo/Ross D. Franklin)
