Photo By Petty Officer 2nd Class Nathaniel Moger | This courtroom sketch of Ramzi bin al Shibh was drawn by artist Janet Hamlin during al...... read more read more
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By Sgt. 1st Class Vaughn Larson
GUANTANAMO BAY, Cuba – The menu has already been announced: A war crimes trial for the alleged mastermind of the Sept. 11 terror attacks and four alleged co-conspirators.
But before the main course can be served, the table must be set.
Continuing with that metaphor, court proceedings here last week for Khalid Sheikh Mohammed, Walid Muhammed Salih Mubarek bin 'Attash, Ali Abdul Aziz Ali, Ramzi bin al Shibh, and Mustafa Ahmed Adam al Hawsawi helped clear that table.
The proceedings were delayed, however, when one of the defendants refused to be seated at the table.
Defendant bin al Shibh would not leave his Joint Task Force Guantanamo detention cell Monday morning, prompting Prosecutor Robert Swann to ask the military judge, Marine Col. Ralph Kohlmann, to order bin al Shibh's extraction.
Kohlmann directed bin al Shibh to be brought to court the next morning, voluntarily or involuntarily. He also allowed the other defendants, on a recommendation from Mohammed, to draft letters encouraging bin al Shibh to appear in court.
Bin al Shibh later appeared in court voluntarily and protested his detailed counsel, saying the military and civilian attorneys did not represent him and that he wished to represent himself.
"I reject this court," bin al Shibh said last Wednesday. "I have to be given the right to defend myself. When will I be given this right?"
Kohlmann said he understood and appreciated bin al Shibh's frustration, but explained that because bin al Shibh's mental competency to stand trial was questioned, measures must be taken to resolve that question. If bin al Shibh is found to be competent, Kohlmann would then ask bin al Shibh about defending himself rather than using detailed counsel.
"I have to go through this process," Kohlmann said. "It's unfortunately long, and I'm as eager to get it done as anyone."
Kohlmann also advised Mohammed, bin 'Attash and Ali that they needed to follow his directions just as any other attorneys in his courtroom.
"I will not allow you to act in a way that is disrespectful to this court," he explained.
During the second and third days of court proceedings, detainees and their detailed legal counsel took advantage of voir dire, a procedure that in commissions allows the defense to challenge the judge on claims of bias against the defendants. One such claim prompted Mohammed, acting as his own attorney, to ask Kohlmann if he followed the teachings of ministers Jerry Falwell, Pat Robertson or Billy Graham. Mohammed alleged that those religious leaders preached intolerance of Islam.
Other claims of bias against Kohlmann included his status as a Marine officer; his professional relationship with Marine Col. Lawrence Morris, now chief prosecutor for the military commissions at Guantanamo Bay; his lack of experience with capital cases; his upcoming retirement next April that could expedite court proceedings to the disadvantage of the defense, or disrupt proceedings with a change of judges; and the allegation that he believed the defendants to be Islamic extremists and disrespected their religion.
Kohlmann dismissed all claims of potential bias last Wednesday afternoon as "completely wrong."
Discussion throughout the three days was marked by repeated requests to talk slowly and complaints about errors in translations. Army Maj. Jon Jackson, Hawsawi's detailed attorney, called the situation "troubling" during a press conference last Tuesday after court had recessed for the day.
"One translator is poor," he said. "The other two are keeping up. This is not going to work in a trial."
Civilian attorney Nina Ginsburg, also a detailed counsel for Hawsawi, said that the court is responsible to provide accurate translation for the accused. She urged the media to play up the issue.
"The judge has the ultimate obligation to ensure fairness in his courtroom," she said.
| Date Taken: | 10.03.2008 |
| Date Posted: | 10.06.2008 14:26 |
| Story ID: | 24580 |
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| Web Views: | 199 |
| Downloads: | 149 |
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