Photo By Petty Officer 2nd Class Nathaniel Moger | Army Col. Lawrence Morris, chief prosecutor for the Office of Military Commissions,...... read more read more
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GUANTANAMO BAY, Cuba – Khalid Sheikh Mohammed, alleged Sept. 11 mastermind and former al-Qaida number three, and four other alleged Sept. 11 co-conspirators were arraigned on multiple charges of terrorism-related activities at the Expeditionary Legal Complex on U.S. Naval Station Guantanamo, June 5. If convicted, the accused may face capital punishment.
The arraignment came after the accused were served the referred charges of conspiracy, attacking civilians, attacking civilian objects, intentionally causing serious bodily injury, murder in violation of the law of war, destruction of property in violation of the law of war, hijacking or hazarding a vessel or aircraft, terrorism and providing material support for terrorism.
Typically an arraignment consists of the formal reading of charges to the accused in his presence and an election of counsel by the accused.
Mohammed and the four other accused expressed their desires to proceed without military or civilian defense counsel and act as their own counsel, or proceed "pro se."
"From religion point of view we cannot accept any American citizen as defense," said Mohammed in choppy, but confident, English, citing Sharia law as the only legal system he would follow. "I'm not talking about your laws, I'm talking about God laws."
The detailed military judge, Marine Col. Ralph Kohlmann, urged each of the accused to consider the option of retaining military counsel, patiently listing the advantages legal professionals have over the accused, including not being detained and having access to computers to research and prepare motions.
Mohammed, Walid Muhammed Salih Mubarak Bin 'Attash and Ali Abdul Aziz Ali continued without defense counsel, although they retained their formerly detailed military counsel and civilian defense attorney as advisers, allowing them to be next to the accused during trial, but unable to formally represent them.
Navy Cmdr. Suzanne Lachelier and Navy Lt. Richard Federico were able to stay on as counsel for Ramzi Bin al Shibh, due to the unknown effect of medication on al Shibh's cognitive abilities. Kohlmann made a ruling to revisit the matter of counsel after examining al Shibh's medical history and present condition.
Army Maj. Jon Jackson and Navy Lt. Gretchen Sosbee were also allowed to stay on as defense counsel for Mustafa Ahmed Adam al Hawsawi after Kohlmann ruled that Hawsawi did not understand the charges and penalties facing him. This came after Kohlmann denied Jackson a continuance until the following morning to establish a relationship with his client. Jackson also informed Kohlmann he intended to request to sever the proceedings from the other four cases, saying Hawsawi "has been coerced into turning down the election of counsel," and alleging that Mohammed taunted Hawsawi, asking if he was "in the American Army now."
The arraignment concluded with Prosecutor Robert Swann expressing the prosecution's intention of filing a motion to have the accused present at each session, if only to have them express their desire to be absent to the judge. In the case of military commissions, the accused are required to be present at arraignment, but there is no requirement during subsequent proceedings.
In a press conference afterwards, Army Col. Lawrence Morris, Office of Military Commissions chief prosecutor, explained that for the lawyers involved "a case is best prepared and best tried with the accused next to them," and noted "there's no system in the U.S. where the defendant gets to opt out of the trial."
Addressing issues of trying all five at once, Morris said "they're co-conspirators. It's not an accident. These are the five people in U.S. custody most responsible for the murder of 2,973 individuals."
OMC chief defense counsel Army Col. Steven David thanked Joint Task Force Troopers, starting off his address to the press saying "there were many young men and women who were here early in the morning and who are still here now that made all this possible, letting you do what you are here to do."
https://jtfgtmo.southcom.mil
| Date Taken: | 06.06.2008 |
| Date Posted: | 06.27.2008 09:23 |
| Story ID: | 20906 |
| Location: | GUANTANAMO BAY, CU |
| Web Views: | 154 |
| Downloads: | 136 |
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