Colorado prosecutors to lay out evidence in firebomb attack on demonstration for Israeli hostages
Investigators say Mohamed Sabry Soliman told them he intended to kill the roughly 20 participants at the weekly demonstration on Boulder's Pearl Street pedestrian mall on June 1. But he threw just two of more than two dozen Molotov cocktails he had with him while yelling, 'Free Palestine!" Police said he told them he got scared because he had never hurt anyone before.
Federal authorities say Soliman, an Egyptian national, had been living in the U.S. illegally with his family.
The purpose of Tuesday's preliminary hearing in state court in Boulder is for District Judge Nancy Woodruff Salomone to determine if there's enough evidence for Soliman to go on trial there.
Soliman already faced dozens of charges in state court as well as hate crime charges in federal court when state prosecutors added murder charges following the death of an 82-year-old woman who was injured in the attack died as the result of her injuries. Karen Diamond helped at her synagogue and volunteered for several local groups, including the University of Colorado University Women's Club and a local music festival.
Last week, Assistant U.S. Attorney Laura Cramer-Babycz told U.S. District Judge John L. Kane that federal prosecutors have not decided yet whether to file additional charges against Soliman related to Diamond's death.
Federal prosecutors allege the victims were targeted because of their perceived or actual connection to Israel. But Soliman's federal defense lawyers say he should not have been charged with hate crimes because the evidence shows he was motivated by opposition to Zionism, the political movement to establish and sustain a Jewish state in Israel.
An attack motivated by someone's political views is not considered a hate crime under federal law.
Soliman has pleaded not guilty to the hate crime charges. He has not been asked to enter a plea to the state charges yet.
State prosecutors have identified 29 people who are considered victims of the attack, including 13 who were physically injured. The others were nearby and are considered victims because they could have been hurt. A dog was also injured in the attack, so Soliman has also been charged with animal cruelty.
Tuesday's hearing was set to move ahead over the objections of Soliman's state public defenders, who asked to delay it after Diamond died and Soliman was charged with murder. In a court filing last week, they said they were not aware of an autopsy report being done for Diamond yet and asked to delay the hearing until October so they would be be able to review 'significant medical records' in advance.
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