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MIAMI (CBSMiami/AP) — A federal judge in Miami will decide if key computer related evidence against a Kenyan man accused of supporting foreign terrorist organizations should be tossed.

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An attorney for Mohamed Said, 27, said authorities cannot prove that he was the person using certain computers during online chats with an undercover FBI employee. Said’s lawyer says prosecutors cannot conclusively show it was Said who participated in the chats.

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Said has pleaded not guilty to eight charges of conspiracy and attempted terrorism material support to a Syrian terror group and Africa’s al-Shabaab organization. His trial is scheduled for early May.

Co-defendant Gufran Mohammed was sentenced to 15 years in prison after pleading guilty in July to a terrorism support conspiracy charge.

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