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Final preparations under way for 1st war crimes trial at Guantanamo Bay


ASSOCIATED PRESS

4:07 p.m. July 18, 2008

GUANTANAMO BAY NAVAL BASE, Cuba – A jury of military officers is traveling to Guantanamo Bay this weekend as part of final preparations for the first U.S. war crimes trial since World War II.

The panel members have been hand-picked by the Pentagon to hear the case of Salim Hamdan, a former driver and alleged bodyguard for Osama bin Laden whose trial is scheduled to begin Monday inside a hilltop courthouse overlooking an abandoned airstrip.

The judge, Navy Capt. Keith Allred, is still sorting through a thicket of unresolved legal issues. The case cleared a major hurdle this week when a U.S. federal court refused to halt the trial, and Allred showed little patience as he tackled the last remaining obstacles at a hearing Friday on this U.S. base.

At one point, he threatened to postpone the trial unless the government allows defense lawyers to interview “high-value” detainees at Guantanamo whom they intend to call as witnesses.

“I think we've come to the point where the government needs to move,” Allred told prosecutors. The chief prosecutor later said the government will comply with the order.

The Pentagon official who oversees the tribunal system, Susan Crawford, selected the 13 potential jurors from the various armed forces branches. At least five will be seated for the trial.

Hamdan, a Yemeni, was captured at a roadblock in Afghanistan in November 2001 and accused of helping bin Laden to escape U.S. retaliation following the Sept. 11 attacks. He faces up to life in prison if convicted of conspiracy and supporting terrorism.

His defense attorneys asked the judge Friday to throw out statements Hamdan made to interrogators, arguing they were tainted by “coercive” tactics such as sleep deprivation and sexual humiliation. The chief prosecutor, Army Col. Lawrence Morris, denied the abuse allegations and said his team is prepared for trial regardless of how the judge rules.

Prosecutors have said they plan to introduce 22 witnesses for a trial that is expected to last about three weeks.

Hamdan's Pentagon-appointed attorney, Navy Lt. Cmdr. Brian Mizer, is seeking access this weekend to three senior al-Qaeda suspects including Sept. 11 mastermind Khalid Sheikh Mohammed as potential witnesses. He says their testimony will prove Hamdan was merely a low-level member of bin Laden's motor pool.

Prosecutors have objected to any testimony from the high-level Guantanamo detainees, arguing they could reveal details of CIA interrogations that are considered top national security secrets. But Allred has made clear their input will be allowed in some form.

So far, the U.S. has charged 20 Guantanamo prisoners. One former detainee, David Hicks, accepted a plea bargain in 2007, served nine months and is now free in his native Australia.


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