When Did the Uss Cole Go Out Again
Trial Guide: The Cole Bombing Case at Guantánamo Bay
What to know about the decease-penalty prosecution of a Saudi prisoner accused of plotting the attack on a Navy destroyer off Yemen in 2000 that killed 17 sailors.
The Crime
The Saudi citizen Abd al-Rahim al-Nashiri is accused of organizing the Qaeda bombing of the U.Southward. Navy destroyer Cole on October. 12, 2000. Two men sailed a bomb-laden skiff alongside the Cole during a routine refueling stop in the port of Aden, Republic of yemen, then blew themselves up. Seventeen American sailors died, and dozens more were wounded. Mr. Nashiri is also defendant of a role in the 2002 bombing of the Limburg, a French-flagged, Malaysian-chartered tanker that was carrying Iranian rough oil. A Bulgarian crew member was killed in that attack.
The Cole bombing case is the lesser known of the two expiry-penalty cases beingness pursued at a armed services commission at Guantánamo Bay. The other is the case against the five men defendant of plotting the attacks of Sept. 11, 2001.
The Trial
Several dates take been set aside for pick of the 12 or more U.Due south. military machine officers who would serve on the jury for the expiry-penalty trial. The case has been in pretrial proceedings since Mr. Nashiri'due south arraignment in November 2011, in office because of higher court challenges by both the prosecution and defense lawyers to decisions by the instance judges, and in office because two years of judicial rulings by an before approximate were thrown out when he was plant to accept a conflict of interest. A major impediment has been the slow pace of disclosure to defense force lawyers about the C.I.A. prison network, known as black sites, where the defendant was held for 4 years before his transfer to Guantánamo in September 2006. Hearings likewise were put on hiatus for more than 500 days because of the coronavirus pandemic.
The Victims
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Seventeen sailors were killed in the assail: Kenneth Due east. Clodfelter, 21; Richard Costelow, 35; Lakeina Thou. Francis, xix; Timothy Fifty. Gauna, 21; Cherone 50. Gunn, 22; James R. McDaniels, 19; Marc I. Nieto, 24; Ronald South. Owens, 24; Labika North. Palmer, 22; Joshua L. Parlett, nineteen; Patrick H. Roy, 19; Kevin Due south. Rux, 30; Ronchester M. Santiago, 22; Timothy L. Saunders, 32; Gary One thousand. Swenchonis Jr., 26; Andrew Triplett, 31, and Craig B. Wibberley, 19.
A liaison to the victims, who works for the prosecution, selects surviving crew members likewise as family members of those who were killed in the attacks to observe the proceedings at Guantánamo Bay. Shipmates from that mean solar day and the parents of fallen sailors have become familiar faces in the gallery at the back of the court, where members of the public who gain admission to the national security court can lookout man the proceeding live and hear the sound on a 40-second delay. Family unit members and victims of the attack can also observe a video feed of the proceedings from a viewing room in Norfolk, Va., the dwelling house port of the Cole.
The Gauge
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Col. Lanny J. Acosta Jr., the primary of the Guantánamo Trial Judiciary, is currently serving equally the pretrial judge. He earned a law degree from the University of Mississippi in 1998 and then obtained a commission in the Army. He served as a prosecutor, legal assistance lawyer and staff lawyer before condign a judge in July 2015. The initial judge in the case, Col. James L. Pohl of the Army, handed it off to Col. Vance H. Spath of the Air Force. A college courtroom subsequently vacated ii years of Colonel Spath's rulings because while sitting on the case, he secretly sought employment with the Justice Department, which was prosecuting it.
The Accused
Abd al-Rahim al-Nashiri
Mr. Nashiri was born in 1965 in Mecca, Saudi Arabia. He was captured in Dubai in October 2002, and spent virtually i,390 days as a "loftier-value detainee" in the custody of the Central Intelligence Agency, including in black site prisons in Transitional islamic state of afghanistan, Guantánamo Bay and Thailand. In C.I.A. custody, he was subjected to waterboarding, forced nudity, extreme isolation, slumber deprivation and other forms of abuse. Some were "enhanced interrogation techniques" devised by two psychologists under contract to the C.I.A. In 2006, he was returned to Guantánamo and transferred to U.Due south. military custody. In 2013, a panel of iii Ground forces doctors conducted a mental wellness assessment of Mr. Nashiri for the courtroom and found that, while he experienced post-traumatic stress disorder and depression, he was fit to stand trial.
The Legal Teams
Prosecutors
The lead prosecutor is Marking A. Miller, an assistant U.S. attorney from the Justice Department, who has been on the case since 2015. He previously prosecuted murder and sexual assault cases in federal court in New Orleans. Other prosecutors include John B. Wells, a civilian who previously served on the case equally an Army colonel; Lt. Cmdrs. Cherie Due east. Jolly and Keven Schreiber of the Navy; and Majs. Michael Ross and Stephen Romeo of the Regular army.
Defense force Counsel
Prototype
The Pentagon has hired Anthony J. Natale to serve equally learned counsel, the term for an experienced majuscule defense lawyer. Mr. Natale previously represented the old U.South. "enemy combatant" Jose Padilla, who was convicted in federal courtroom in Miami in 2007 and is held at the federal supermax prison in Colorado pending release in 2026. Capt. Brian L. Mizer of the Navy is the lead military defender. Other lawyers on the team include Lt. Cmdr. Alaric A. Piette of the Navy and the civilians Katie Carmon, Annie Westward. Morgan and Joaquin E. Padilla.
Source: https://www.nytimes.com/article/uss-cole-bombing-trial.html
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