Defense attorneys for a man accused of helping other young Somalis in
the state of Minnesota travel to their war-torn homeland to fight with a
terrorist group have a week to verify an FBI report about a suicide
bomber that's being used to support charges against their client, a
judge ruled Wednesday.
Omer Abdi Mohamed, 26, is scheduled to stand
trial July 19 on federal terrorism charges, but his attorneys asked for a
delay from Chief U.S. District Judge Michael Davis. They cited the vast
amounts of evidence they need to review, including bank and travel
documents, videos, phone records and an FBI lab report about a 2008
suicide bombing in Somalia.
Davis didn't rule during Wednesday's
hearing whether to postpone the trial, saying it would take a "serious"
issue to do so. He set another hearing for next Wednesday and gave
defense attorneys until then to verify the FBI's reports. The judge
denied defense requests to dismiss some of the charges and remove
Mohamed's electronic monitoring bracelet.
Mohamed is among 18
people charged in connection with the travels of more than 20 Somali men
who left Minnesota in waves to possibly take up arms with al-Shabab,
which the U.S. government considers a terrorist group associated with
al-Qaida.
Mohamed didn't travel to Somalia, but authorities say he
helped others who did. Prosecutors allege that he began to mobilize men
to travel to Somalia to fight against Ethiopians in the fall of 2007.
He's accused of planning and facilitating the travels, and of holding
meetings at mosques, restaurants, private homes and other locations in
and around Minneapolis.
Mohamed has pleaded not guilty.
One
of the men who left in late 2007 was Shirwa Ahmed, the first known
American suicide bomber in Somalia. Ahmed blew himself up in October
2008, in the northern breakaway republic of Somaliland as part of
coordinated attacks that killed 21 people.
While the government
doesn't directly connect Mohamed to Ahmed in the court documents, the
indictment lists Ahmed's travel and death as an overt act that supports
the charges against Mohamed.
Mohamed's attorney, Peter Wold, said
he only recently received FBI lab reports on Ahmed's death. As part of
preparing a thorough defense, Wold argued, he needs to have the evidence
reviewed by his own expert to prove the bomber was indeed Ahmed.
Wold
also argued that one criminal count _ conspiracy to murder, kidnap,
maim and injure _ should be dismissed. He said it isn't illegal for
someone to go abroad to enlist in a foreign army, noting that the U.S.
does not prohibit Israeli-Americans from returning to serve in the
Israeli military.
Wold argued Mohamed is being accused of
participating in a "mission to go defend his country against the
historic enemy, Ethiopia," and argued his client was being singled out
for his race and religion.
Department of Justice Trial Attorney
William Narus countered by saying Mohamed never traveled himself and the
activities of al-Shabab _ including suicide bombings _ are not
conducted by a government's military services.
The judge agreed.
While the Supreme Court has acknowledged that it is lawful to leave the
U.S. to enlist in a foreign army, "the same is not true when a person
travels to a foreign country with the purpose of enlisting in an
insurgent army to engage in war or other terror related conduct against
that country's recognized government," Davis said.
Several
witnesses are expected to testify during the upcoming trial, including
terror experts and possibly the owner of a travel agency who refused to
issue tickets to two of the travelers.
Court documents say testimony is expected to show that Mohamed's co-conspirators were together at various points in Somalia.