Terrorism charges dismissed against 2

"It is an inescapable conclusion that the defendants' due process, confrontation and fair trial rights were violated," Rosen wrote yesterday.

"There is at least a reasonable probability that the jury's verdict would have been different had constitutional standards been met."

Rosen said the prosecution's "understandable sense of mission and zeal to obtain a conviction" in the wake of the Sept. 11 attacks "overcame not only its professional judgment, but its broader obligations to the justice system and the rule of law."

The government's change of heart, outlined in court papers Tuesday, came after a monthslong court-ordered review of documents connected to the case.

The Justice Department uncovered several pieces of potentially exculpatory evidence that should have been given to the defense before trial.

Karim Koubriti, 26, and Abdel-Ilah Elmardoudi, 38, were convicted in June 2003 of conspiracy to provide material support for terrorism and to engage in fraud and misuse of visas and other documents.

A third man, Ahmed Hannan, 36, was convicted of only the fraud charge, and Farouk Ali-Haimoud, 24, was acquitted.