Yemeni sheik's terror conviction thrown out

A New York appeals court Thursday overturned terrorism convictions for a Yemeni cleric and his personal assistant, saying they did not receive a fair trial.

Sheik Mohammed Ali al-Moayad and Mohammed Mohsen Zayed, were sentenced in 2005 to 75 and 45 years in prison, respectively, after being convicted of conspiring to provide material support and resources to foreign terrorist organizations. They now can have new trials under a different judge.

The lawyer for al-Moayad, Robert Boyle, said, "I'm extremely gratified at the court's decision. I believe it is legally and factually correct. I hope my client, who is elderly and not in good health, will be given the opportunity to return to his family in Yemen."

The three-judge panel was unanimous in its decision, citing evidentiary errors that likely influenced the outcome of the trial. The judges found that certain pieces of evidence presented by prosecutors were prejudicial and had the effect of denying al-Moayad and Zayed a fair trial.