-News for Mon. 01 April & Mon. 02
April 2002 Judge: Direct Evidence Not Needed In US Taleban
Case
Jim
Malone Washington 1
Apr 2002 23:55 UTC
 
Prosecutors in
the case of John Walker Lindh, the young American captured with the Taleban
last year, acknowledged Monday that they do not have direct evidence that he
sought to kill Americans in Afghanistan. But the judge in the case says that
may not be necessary to get a conviction.
Pressed by
Judge T.S. Ellis on whether the government's case against John Walker Lindh
includes evidence of attempts to kill Americans, prosecutor David Kelly said,
"At the moment, I am not aware of it."
A second
prosecutor added that the government is not alleging that John Walker Lindh was
involved in the murder of CIA agent Johnny Michael Spann. Agent Spann was
killed in a prison uprising after he attempted to interview Mr.
Lindh.
But Judge Ellis
told prosecutors that they were not required to show that John Walker Lindh
actually shot at Americans in making their case, but only that he participated
in a broad conspiracy with the Taleban. Mr. Lindh faces 10 charges, including
conspiracy to murder U.S. citizens and providing support to terrorist
organizations.
Also during
Monday's hearing, the judge told prosecutors to provide defense lawyers with
any information they turn up that might prove favorable to their client. But
Judge Ellis also ruled that many of the defense requests for information from
prosecutors were too broad.
Another hearing
has been scheduled for the end of May to determine exactly which U.S. officials
or soldiers will be made available to John Walker Lindh's attorneys for
interviews.
Judge Ellis did
not rule on a defense request that statements made by John Walker Lindh while
in U.S. custody in Afghanistan be barred as evidence. Defense lawyers contend
their client made the statements after being tortured, a charge the government
denies.
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