Posted on 01/30/2007 1:23:02 PM PST by SmithL
MIAMI - A federal appeals court on Tuesday reinstated a key terrorism charge, the only one carrying a potential life sentence, against alleged al-Qaida operative Jose Padilla.
A three-judge panel of the 11th U.S. Circuit Court of Appeals agreed with federal prosecutors in Miami that the charge that the U.S. citizen and his two co-defendants conspired to "murder, kidnap and maim" people overseas did not duplicate other counts in the indictment.
The Atlanta-based court reversed a decision last summer by U.S. District Judge Marcia Cooke, who said the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act, violating protections against double jeopardy.
Padilla was arrested in May 2002 at Chicago's O'Hare International Airport, with the government claiming he was plotting to detonate a radioactive "dirty bomb" in a major U.S. city. President Bush declared Padilla an enemy combatant, and he was held without criminal charge for 3 1/2 years until he was added in late 2005 to the Miami case. The "dirty bomb" allegations are not part of the Miami indictment.
Although defense attorneys may file a challenge, Tuesday's ruling brings the case a step closer to trial as scheduled April 16. The appeals court had agreed to hear the case on an expedited basis after Cooke said she would not begin jury selection until the issue was settled.
"We are gratified by the 11th Circuit's swift decision and look forward to presenting the evidence at trial," U.S. Attorney R. Alexander Acosta said in a statement.
Padilla's lawyers did not immediately respond to calls and e-mail messages seeking comment.
Padilla, 36, is charged with being part of a North American terror support cell that provided personnel, materiel and money to extremist Islamic causes. He and his co-defendants _Adham Amin Hassoun, 44, and 45-year-old Kifah Wael Jayyousi - have pleaded not guilty.
Padilla claims he was tortured in custody, and his lawyers say he is suffering from post-traumatic stress disorder that raises questions about his competence for trial.
Federal officials deny the torture allegations, but the judge ordered a competency exam and expects results next month.
I'm fine with sticking this guy in Guantanamo, giving him a military tribunal, followed by a quick execution. But that's just me.
Cry me a river
I'm about to the point if one of these melon heads cry torture one more time that we turn him over to a group that does it for real. We have lost our sense of proportion in these matters. It's called torture if we hurt these guys feelings.
Padilla ain't even Padilla.
He's Abdullah Al Muhajir.
Keep that in mind, and you really don't need to keep much else in mind.
"ACTIVISTJUDGE" made it up in the Keywords, put there by ____? ... so, it's an "activist" judge who would REINSTATE a terrorism charge against an Al Qaeda member? Weird!
Here's a hint, only one judge is mentioned by name in the story
; )
She's a GWB appointee. Maybe there's something to her decision besides attitude?
"the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act"
I'm confused. The judges reject charges that might cause additional punishment for the same crime, but enhancing punishment for a crime because it is also a "Hate Crime" is ok? \sarc
"the three charges in the indictment contained nearly identical elements and could subject the defendants to extra punishment for the same act"
I'm confused. The judges reject charges that might cause additional punishment for the same crime, but enhancing punishment for a crime because it is also a "Hate Crime" is ok?
Just to be clear here, although appointed by GWB, Judge Cooke has taken an activist, anti-administration role in this case, right from the beginning.
The 11th Circuit reversed Judge Cooke, and reinstated the charges against Padilla.
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