'Don't mention 9/11' trial move
Published 30/01/2014 | 03:47
Osama bin Laden and the September 11 2001 attacks should not be mentioned at the terror trial of an Egyptian Islamic preacher extradited from the UK, his lawyers say.
In court papers filed in New York, the lawyers said references to the attacks, al Qaida founder bin Laden or his associates "would completely" deprive Mustafa Kamel Mustafa of a fair trial.
Mustafa is accused of conspiring with Seattle men in October 1999 to set up a terrorist training camp in Oregon and helping to abduct two American tourists and 14 others in Yemen in 1998.
"The charges in this case relate broadly to alleged illegal conduct and material support for terrorism, but the charged acts are not alleged to have been connected in any way to the attacks of September 11 2001, to Osama bin Laden, or to any of the other individuals involved in the planning and execution of those attacks," the lawyers wrote.
They said the events of 9/11 and America's reaction to the attacks would already be in the minds of jurors in any terrorism trial in the United States for the foreseeable future and the government should be stopped from even making references to the attacks or bin Laden and his followers.
The lawyers also sought to exclude from the trial the showing of any video, audio or photographs depicting acts of violence that were unrelated to the charges, saying those too would be "highly prejudicial".
The submission comes several months after defence lawyers had earlier asked that bin Laden's name be excluded from the trial, due to begin on April 14.
Prosecutors opposed the request, saying in court papers that references to bin Laden would not be prejudicial or inflammatory and are important to explaining the case against Mustafa to the jury.
Mustafa is charged with conspiring to provide or providing material support to al Qaida and prosecutors say the fact that bin Laden was the leader of the group at that time "is plainly relevant".
When she refused to dismiss charges against Mustafa last summer, US district judge Katherine Forrest said she would handle complaints about inflammatory language at trial on a case-by-case basis, though she noted that the language had been permitted at past terrorism trials.
Mustafa was extradited to the US from Britain in October 2012 to face the charges.