…
Just last month, for example, on the eve of trial, prosecutors suffered a major setback when the judge, Lewis A. Kaplan of Federal District Court, barred them from using an important witness against Mr. Ghailani because the government had learned about the man through Mr. Ghailani’s interrogation while he was in C.I.A. custody, where his lawyers say he was tortured.
The witness, Hussein Abebe, would have testified that he had sold Mr. Ghailani the large quantities of TNT used to blow up the embassy in Dar es Salaam, prosecutors told the judge, calling him “a giant witness for the government.”
The government also chose not to introduce statements Mr. Ghailani made when he was interrogated while in C.I.A. custody and at Guantánamo, although prosecutors said the statements amounted “to a confession” of his role in the embassy plot. Defense lawyers argued that the statements had been coerced and were inadmissible.
…
via Acquittal on All but One Charge for Ghailani, Ex-Detainee – NYTimes.com.