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Staff shortage hampers 9/11 defense

Associated Press
Published February 28, 2008


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GUANTANAMO BAY, Cuba - The military is speeding ahead with plans to try six men at Guantanamo Bay for the 9/11 terrorist attacks, but none of the defendants, who face possible execution if found guilty, has seen a defense lawyer yet.

Only one military lawyer has been assigned to the case, as the unit responsible for organizing the defense struggles with a lack of attorneys and paralegals and argues with commanders at Guantanamo over access to the men held at the base in Cuba.

The problems underscore broader concerns that military tribunals - expected to eventually try some 80 Guantanamo detainees - overwhelmingly favor the prosecution, Army Col. Steve David, the chief defense counsel for the war crimes trials, told the Associated Press.

He said his team faces a variety of disadvantages, including trial rules that allow classified hearsay testimony against the detainees and the fact that prosecutors can use material gathered over years while the men have been in custody - before the defense has even begun to look for its evidence.

The defense counsel's office is authorized 25 military attorneys and 12 paralegals but currently has only nine attorneys and six paralegals, and they are already busy with pending cases against six other Guantanamo detainees. The additional legal help will need extensive preparation, David said.

U.S. officials defend the tribunals and say they are working with defense counsel to ensure adequate attorney access.

[Last modified February 28, 2008, 01:19:30]


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