Miami – A federal judge refused to dismiss terrorism charges against a suspected al-Qaeda operative over claims he was tortured in U.S. military custody, but the possibility that the allegations could resurface at his upcoming trial was left open.
U.S. District Judge Marcia Cooke said Jose Padilla’s torture allegations could become relevant during his trial if prosecutors seek to use evidence gathered from him during his 3 1/2 years in isolation at a Navy brig.
“Should any Naval brig statements be introduced at trial … the circumstances surrounding the making of those statements may be relevant and hence admissible,” Cooke wrote in a 12-page ruling filed late Monday.
The ruling removes one of the biggest remaining obstacles to the start of the trial Monday for Padilla and two co-defendants charged with conspiracy and terrorism material support for allegedly being part of a North American support network for Islamic extremist groups worldwide.
Cooke said the effort to dismiss the case for “outrageous government conduct” was faulty on legal grounds.
Padilla’s lawyers claim that as an “enemy combatant” he was routinely subjected to harsh treatment and torture during the time he was held.
