The trial of Abdul Kadir and Russell De Freitas got underway yesterday in the US Courts before Judge Dora Irizarry, who in a preliminary ruling, said that the defendants have to prove under law why the recordings they are proffering as evidence should be admitted.
The preliminary ruling sided with the US Government to have the evidence precluded from use in the trial at this stage.
Irizarry, in her preliminary ruling as it relates to the evidence, said that as an initial matter, the court “notes that defendant DeFreitas submitted a sur-reply to the government’s reply…Sur-replies are not permitted; counsel must raise all legally viable arguments in support of their position in the first instance, and not as an afterthought.”
She stated that in the future, sur-replies submitted without the court’s permission will be summarily rejected.
“Accordingly, the recording in question may be introduced so long as DeFreitas otherwise
establishes a proper foundation.”
“The court further notes disapprovingly that defendant Kadir, once again, has ignored the court’s
repeated admonitions to refrain from using his responsive briefings to make additional motions.”
She stated that with respect to the government’s motion, Kadir opposes it first on the ground that providing the evidentiary bases for the recordings will provide the government an inappropriate
preview of his defense.
This argument, she said, is utterly unconvincing at this stage of the litigation, on the eve of opening arguments.
She stated that Kadir’s reluctance to provide the court with transcripts of the recordings he seeks to introduce and the bases for their introduction do not permit the court to efficiently consider the matter in a thoughtful way.
Abdel Nur, the other Guyanese who was implicated in the US indictment, one day earlier, pleaded guilty to providing material support to the bombing conspiracy
Nur, who also goes by the name “Compton Eversley,” accepted the lesser charge in exchange for the government dropping the original charge of conspiracy to commit a terrorist act.
He now faces a possible 15-year sentence under the plea deal approved by prosecutors and the U.S. Department of Justice.
The US Government is contending that in connection with the plot, the defendants performed physical surveillance, made video recordings of JFK Airport and its buildings and facilities, located satellite images of JFK Airport and its buildings and facilities on the internet, and sought expert advice, financing and explosives.
On or about June 1, 2007, warrants were issued in the Eastern District of New York for the arrests of Kadir, DeFreitas, Kareem Ibrahim and Nur.
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