http://www.kwch.com/news/local-news...o-toss-out-charges-suicide-bomb-plot/31055520
Federal agents say he plotted to blow-up Wichita's airport. Now his attorneys say government agents enticed Terry Loewen to commit the crime. The FBI arrested Terry Loewen in December of 2013 after a sting operation.
In motions filed with the court Monday Loewen's lawyers say he was radicalized by the FBI agents investigating him. The word for that defense is entrapment. Loewen's lawyers say an undercover federal agent enticed him to commit the crimes.
Loewen, a former avionics technician, allegedly tried to bring a van filled with inert explosives onto the tarmac at the Wichita airport after months of conversations with those FBI agents.
In Monday's motion his lawyers say the "defendant was not predisposed to commit these crimes when the government set in motion its plan by FBI Employee #1 to befriend and then radicalize defendant;"
Wichita defense attorney Charles O'Hara says the entrapment defense is a particularly hard one to use successfully.
"It doesn't work very often at all because it is so difficult to prove. Because usually somebody's involved in doing something that's not very good, that's kind of bad, and most people would think, at some stage you'd go, 'I'm not doing this!' O'Hara explained.
He added, "If you have an inclination to commit that crime the fact that they give you an opportunity to do what you wanted to do is not entrapment. So you can imagine, it gets into all shades of grey or different areas there as to what actually happened. So it's a little hard to prove."
Loewen was arrested at the airport once before in 2009 for carrying a concealed weapon, according to police records. He pleaded no contest and was ordered to pay court costs in the case.
Loewen has pleaded not guilty to attempting to use a weapon of mass destruction, attempting to use an explosive device to damage property and attempting to give material support to Al-Qaida. If convicted, he would face a maximum penalty of life in prison. His next court date is expected to be in March.
In addition, Loewen's lawyers asked to have evidence gathered from his van thrown out saying the search warrant had expired.
They also asked for a dismissal of the first two counts against Loewen saying since the 'bomb' was never capable of exploding, according to the U.S. Attorney's office, it couldn't legally be a weapon of mass destruction or an explosive device.
The U.S. Attorney's office says it will review the defense filings and respond to the court.
Federal agents say he plotted to blow-up Wichita's airport. Now his attorneys say government agents enticed Terry Loewen to commit the crime. The FBI arrested Terry Loewen in December of 2013 after a sting operation.
In motions filed with the court Monday Loewen's lawyers say he was radicalized by the FBI agents investigating him. The word for that defense is entrapment. Loewen's lawyers say an undercover federal agent enticed him to commit the crimes.
Loewen, a former avionics technician, allegedly tried to bring a van filled with inert explosives onto the tarmac at the Wichita airport after months of conversations with those FBI agents.
In Monday's motion his lawyers say the "defendant was not predisposed to commit these crimes when the government set in motion its plan by FBI Employee #1 to befriend and then radicalize defendant;"
Wichita defense attorney Charles O'Hara says the entrapment defense is a particularly hard one to use successfully.
"It doesn't work very often at all because it is so difficult to prove. Because usually somebody's involved in doing something that's not very good, that's kind of bad, and most people would think, at some stage you'd go, 'I'm not doing this!' O'Hara explained.
He added, "If you have an inclination to commit that crime the fact that they give you an opportunity to do what you wanted to do is not entrapment. So you can imagine, it gets into all shades of grey or different areas there as to what actually happened. So it's a little hard to prove."
Loewen was arrested at the airport once before in 2009 for carrying a concealed weapon, according to police records. He pleaded no contest and was ordered to pay court costs in the case.
Loewen has pleaded not guilty to attempting to use a weapon of mass destruction, attempting to use an explosive device to damage property and attempting to give material support to Al-Qaida. If convicted, he would face a maximum penalty of life in prison. His next court date is expected to be in March.
In addition, Loewen's lawyers asked to have evidence gathered from his van thrown out saying the search warrant had expired.
They also asked for a dismissal of the first two counts against Loewen saying since the 'bomb' was never capable of exploding, according to the U.S. Attorney's office, it couldn't legally be a weapon of mass destruction or an explosive device.
The U.S. Attorney's office says it will review the defense filings and respond to the court.