Judge: Detroit terror trial to continue despite war

Turns down defense motion

DETROIT (AP) -- The trial of four men accused of conspiring to support terrorism will continue despite the war with Iraq, a federal judge ruled Monday.

Last week, defense lawyers filed a motion asking U.S. District Judge Gerald Rosen to adjourn the trial, saying that a fair trial would be impossible amid the war.

But Rosen said prospective jurors have been asked about whether they can set aside feelings about the war, and he believes a fair panel can be selected. Jury selection began last week.

"We simply do not know or cannot know when we could pick a time in the foreseeable future when the trial of the issues in this case would be more likely to occur in (an) uncharged, completely calm setting," Rosen said.

Karim Koubriti, 24; Ahmed Hannan, 34; Farouk Ali-Haimoud, 22; and Abdel-Ilah Elmardoudi, 37; are charged with conspiracy to provide material support or resources to terrorists.

It is the first trial in the United States for an alleged terror cell detected after the September 11, 2001, attacks. The case began with a raid on a Detroit apartment less than a week after the attacks.

Defense lawyers also filed a motion last week asking to exclude the testimony of some prosecution expert witnesses or delay the trial. They say they haven't been able to review all the material that would be discussed by the experts.

Rosen reiterated Monday that required evidence must be turned over to the defense, or the witnesses won't be able to testify.

The defense claims the government has failed to provide or delayed providing some unclassified foreign intelligence, transcriptions or translations of more than 100 Arabic audio tapes found in the raid.

The government says it has been following Rosen's order to turn over information.

Jury selection, which began last Tuesday, was to continue behind closed doors following the hearing. Rosen closed the early stages of jury selection to the public and media.

By last Friday, 30 jurors had been qualified for a desired pool of 45 from which the final selection for the anonymous jury will be made. Once the group of about 45 is picked, the remaining selection process is expected to be opened to the public. Eventually, 16 jurors, including four alternates, will be chosen.

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