The evidence being challenged includes a cell phone allegedly provided to Padilla by another al-Qaida operative, an address book containing names of his alleged al-Qaida recruiter and sponsor, and more than $10,000 in cash.

In court papers, Patel does not accuse the FBI or other U.S. interrogators of engaging in torture. He argues that agent's failure to detail the torture allegations before Padilla's arrest invalidate the evidence seized from him.

That may be, but Patel does allege some of the torture occurred immediately before and after Pakistani jailers brought one of the witnesses to an FBI agent to be interviewed about Padilla.

One of the witnesses, Binyam Ahmed Muhammad, was held at Guantanamo. The other, Abu Zubayda, is being held in a secret overseas location.

Patel said Muhammad has told his own lawyer that he was whipped, hung from the ceiling of his cell with leather straps and later taken to Morocco where he was tortured with a razor. Patel said Zubayda was treated after his arrest for gunshot wounds, raising questions about "the effect the medications may have had on Abu Zubayda's ability to provide accurate information."

I have just reviewed the defense motion, here is the exact quote:

Binyam Muhammad has informed his attorney that after his arrest in Karachi, Pakistan, he was held in prison where he was hung from the ceiling of his cell with leather straps . Binyam Muhammad was whipped by his Pakistani jailers but they asked him no questions as they had no common language . Binyam Muhammad reports to his counsel that he was questioned by four agents who he believes were FBI agents . He was whipped by the jailers before and after being questioned by the FBI agent who asked him questions about Mr. Padilla. Binyam Muhammad was later flown to Morocco where he was further questioned about Mr. Padilla and tortured by means of a razor being used to make incisions on his chest and his gen