Secret tape backfires in USF student case

By: Mike Deeson

Tampa, Florida - The federal government says a tape of Yousef Megahed's brother Yahia shows him using secret code through facial movements and then sign language to communicate with Megahed. The government told a federal judge, that's why Megahed is a danger to the community

And when the government first played that tape of what it said was Megahed's brother sending secret signals to him when he was talking to him while he was in jail it looked as if it had a real smoking gun. Unfortunately for the government at the time the tape was made, Megahed was in his cell and couldn't see it and Megahed's brother says he was just seeing himself on camera and making faces because he was bored

Adam Allen, Megahead's attorney, says he thought it was rather funny and comical that the government would make such assumptions of a 24-year-old.

Although Megahed's attorney wouldn't go as far as saying the government tape was embarrassing, he can't understand how prosecutors could tell a federal judge that this was part of dark conspiracy.

Yahia Megahed says he was waiting to talk to his brother in jail and it was a boring situation. Yahia claims he was waiting around for 15 minutes and was just playing around with the camera.

But what about the sign language he is supposedly doing?

Megahed says he doesn't know sign language so it is impossible for him to do any.

And while many thought the tape hurt the government case, prosecutors didn't want to talk about it. While prosecutors aren't commenting, Judge Stephen Merryday had plenty to say and asked tough questions. He will issue a ruling next week that will either keep Megahed in jail until his trial or allow him out on bond.