Dear 9/11 Families,
Hearings in the U.S. v. KSM et al (2) began on Monday, 16 December 2013 as scheduled. On four occasions last week, Mr. Bin al Shibh became disruptive in the courtroom. After repeated admonitions from the Military Judge to stop disrupting the proceedings, Judge Pohl had Mr. Bin al Shibh removed from the courtroom.
On 18 December 2013, the Defense filed a motion, AE 152F, alleging that Mr. Binalshibh is being exposed to noises and vibrations in his cell that interfere with his ability to concentrate or sleep. The defense alleged that this has been ongoing since September 2006 and they requested that the judge hold an evidentiary hearing to determine the source of the noises that Mr. Bin al Shibh hears.
Wednesday night, the prosecution filed a motion requesting that the Judge order a 706 hearing, in military commissions terms, in order to determine if Mr. Bin al Shibh is competent to stand trial. On Thursday, Judge Pohl granted the motion and suspended further proceedings until the mental competency evaluation of Mr. Bin al Shibh has been completed. We were able to accomplish argument on several motions during the two days of hearings. Please see the Chief Prosecutor's statement, attached, for more detail. In several days, you will be able to view the pleadings on our webpage at www.mc.mil; cases; active/pending; U.S. v. KSM et al; docket. The text of Rule 706 is also attached.
It is possible, in light of the need to complete the Rule 706 inquiry, the sessions scheduled for February 10-14, 2014 may not occur on time. We will update you as more information is available.
With great respect,
Director, VWAP and VFM CCTV Programs
Office of the Chief Prosecutor of Military Commissions