Four men, believed to be followers of Osama bin Laden, were convicted on May 29, 2001, for their roles in the bombing of American embassies in Kenya and Tanzania in 1998. The blasts killed 224 people, including 12 Americans. Some 5,000 people were injured.
Mohamed Rashed Daoud al-'Owhali, Khalfan Khamis Mohamed, Wadih al-Hage, and Mohamed Sadeek Odeh are believed to be connected with bin Laden's terrorist organization, al-Qaeda ("The Base"). Another six defendants are in custody, while at least 15 more, including bin Laden, remain at large. 13 suspects in this case, including Osama bin Laden, were placed on the FBI's Most Wanted Terrorists list on Oct. 10, 2001.
Which brings us to where we are today:
Ahmed Khalfan Ghailani will now stand trial in federal court in Manahattan for his alleged role in the al-Qaeda plan.
Federal Public Defenders should take the case, unless they have a oonflict of interest. Should they hava a conflict, a lawyer should be chosen from the ranks of CJA attorneys admitted in the Second Circuit and New York.
This is a case that will take years to wind its way through the system. Even assuming the client's family and frineds want to assist in choosing a defense counsel, that counsel will need experience in representing these kinds of cases. Having represented Timothy McVeigh pre-trial and during the guilt phase of his trial, I can tell you it takes a village of experienced lawyers.
The need and cost for experts will dwarf the lawyers' fees. When a defendant is indigent, the Court can appoint and pay lawyers, at a reduced but adequate rate, and the Government will pay not only for the lawyers, but for all expenses of expert witnesses, investigators, paralegals, translators and the like.
The prosecution spent $82 million investigating and prosecuting McVeigh and Nichols. The McVeigh team spent $15 million, a comparitive bargain.
Now that he's in criminal court, Ahmed Khalfan Ghailani needs teams of experienced criminal lawyers -- one for the guilt phase, and if death is on the table, a second team for the penalty phase. They will also need assistance with the massive amounts of discovery the Government will finally disclose to them.
Whoever in New York tried the earlier cases to verdict, and came back with a sentence of less than death, should be the first picks. They have the experience and they know the ropes.
I think it's time for the military lawyers to step aside and let criminal defense lawyers take over. There are hundreds of capable, experienced defense attorneys around the country who would agree to work at the lower rate paid by the Government to defend . They would represent him with pride and dedication.
The greater the skill of the lawyers representing both Mr. Ghailani and the Government, the greater the chance that the "show trial" factor will be put on the back burner and the trial can proceed normally.
We need this trial to be a success. And by that, I mean we need for this trial to leave people with a sense that Ghailani got a fair trial, no matter what the verdict. Only if the trial is fair, can we trust in the integrity of the verdict.
The New York Times has more here.