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"American Taliban" Appears in Court, Father Proclaims Son’s Innocence

 

Walkers parents proclaimed their son is innocent

By S.M. Khalid, IOL Washington correspondent

ALEXANDRIA, Virginia, Jan. 25 (IslamOnline) - John Walker Lindh appeared briefly Thursday before a packed federal court to answer four charges that he aided Afghanistan's Taliban and Osama bin Laden's Al-Qaeda network in their fight against U.S. military forces.

When asked by U.S. Magistrate Judge, W. Curtis Sewell, if he understood the charges and the penalties, Lindh, who was dressed in a green prison jumpsuit, answered, "Yes, I do. Thank You." He was not required to enter a plea in today's 15-minute proceedings.

Lindh is being charged with attempting to kill Americans overseas, providing assistance to (allegedly) terrorist organizations, including both the Taliban and Al-Qaeda, and engaging in prohibited transactions with terrorist organizations.

The 20-year-old Lindh, appearing with his head and beard shaved, was escorted out of the courtroom under heavy guard and was returned to a federal detention facility down the street from the courthouse.

It is the same jail where alleged Al-Qaeda member Zaccarias Moussaui is being held while he awaits his own trial in connection with the deadly September 11 attacks on New York and Washington.

Lindh will remain in custody and undergo an examination before the court rules on whether he will remain there or will be released pending trial. A preliminary hearing has been scheduled for February 6.

Lindh's parents, Frank Lindh and Marilyn Walker, who met with their son for 20 minutes before the hearing, spoke briefly to reporters outside the court after the proceedings.

"John loves America," Frank Lindh told reporters. "We love America. John did not take up arms against America. He did not harm Americans. John is innocent."

A high-powered four-member legal team, headed by prominent San Francisco area attorney James Brosnahan, a former special prosecutor, is representing Lindh.

Brosnahan appeared to outline his client's legal defense when he claimed that Lindh's requests for an attorney had been denied following his capture in Afghanistan on Dec. 1, 2001.

Lindh allegedly told his interrogators that he voluntarily joined the Taliban and Al-Qaeda in their fight against the U.S.-led military campaign in Afghanistan. He was wounded in a prison uprising by Taliban prisoners in December in which CIA agent Johnny "Mike" Spann was killed.

"I am saying this," said Brosnahan. "From December 2nd, John Walker Lindh asked for a lawyer, repeatedly, he asked for lawyers. The officials who commented on this case know this."

If the court rules that Lindh was unfairly denied legal representation, some or all of the incriminating statements he apparently made to his interrogators could be suppressed at the trial. Such a ruling would make it extremely difficult for federal prosecutors to prove their case against him.

U.S. Attorney Paul McNulty, who is leading the government prosecution, told reporters that Lindh signed a statement waiving his legal rights in mid-December, when agents of the Federal Bureau of Investigation (FBI) in Afghanistan were interrogating him.

"[Lindh] is being provided, as all defendants who appear before a federal court, with the full panoply of rights, including the right to counsel," said McNulty. "He has very competent counsel and we will work through these issues in due course."

McNulty repeated that the federal investigation of Lindh was continuing and that further charges against him could be filed. A grand jury is expected to formally charge Lindh in about a month.

Lindh converted to Islam four years ago. Two years ago, he traveled to Yemen to study Arabic before eventually continuing on to Pakistan and then Afghanistan.
 

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