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Tuesday, April 17, 2007

 

Suspect accused of bomb 
plot to stand trial in Miami


MIAMI: US terror suspect Jose Padilla, once accused of plotting to detonate a radioactive bomb in the United States, is set for trial in Miami, where a federal court will start selecting a jury on Monday.

Padilla, 36, who had spent three and a half years in military detention without charges, is accused of plotting to murder, kidnap and maim people in Afghanistan and elsewhere outside the United States.

Padilla and codefendants Adham Amin Hassoun and Kifah Wael Jayyousi, are also charged with aiding a US-based al-Qaeda terror cell that supplied recruits and funding to Islamic extremists abroad.

But the federal charges make no mention of the “dirty bomb” allegation then-attorney general John Ashcroft made on live television after Padilla was arrested in 2002 and sent to a navy brig as an “enemy combatant.”

Ashcroft suggested at the time the bomb plot could have caused “mass death and injury” in the United States.

This could make it all the more challenging for the defense team to ensure the jurors are willing to presume Padilla is innocent unless proven guilty.

Starting on Monday, the rival lawyers in the case will screen potential jurors in order to pick a panel of 12 and six alternates.

Judge Marcia Cooke ruled that the jurors’ identities would remain secret until the trial is concluded.

Thirty-eight prospective jurors a day will be called to present themselves to be questioned by the court until the lawyers agree on a panel.

Padilla’s lawyers had unsuccessfully tried to get the case dismissed over allegations their client was tortured at a military prison from 2002 to 2005.

Cooke ruled on April 10 that allegations of abuse in military custody provided no legal grounds to call off the trial as there was no indication he had been mistreated at the hands of civilian government authorities.

A former Chicago gang member of Puerto Rican descent who converted to Islam, Padilla was detained in May 2002 at Chicago’s O’Hare airport after returning from Pakistan, and was taken to a naval base in South Carolina.

Padilla’s lawyers also alleged their client was so traumatized by his treatment in military prison, that he could not assist in his own defense, but Cooke ruled he was fit to stand trial.

The defense team claimed Padilla was subjected to sleep deprivation, threats of execution, exposure to noxious fumes, and extreme heat and cold, and was forced to wear a hood and stand in one position for extended periods of time.

His lawyers also said he was given “truth serum” in the form of LSD or PCP during his detention in a military prison.

US authorities denied Padilla was mistreated.

The subject of a fierce tug-of-war between the administration of President George W. Bush and civil liberties groups, Padilla was transferred to the civilian court system in 2005 after his lawyers prepared to challenge his military detention before the Supreme Court.

The government has not explained why the civilian indictment made no mention of the alleged dirty bomb plot cited as the ground for Pa­dilla’s military detention as an “enemy combatant.”

Padilla, also known as Ab­dullah al-Mujahir, has pleaded not guilty to the charges against him. If convicted he could face life in prison.
--AFP

   
 

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Severino O. Frayna Jr., Benjie Dela Rosa
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