Saturday, November 26, 2005

ALEXANDRIA, Virginia (AP) -- Jury selection is to begin Tuesday after a judge rejected a terror suspect's claim that his confession was obtained illegally through torture. U.S. District Judge Gerald Bruce Lee ruled Monday that prosecutors can use a confession by Ahmed Omar Abu Ali, who charged with joining al Qaeda and plotting to assassinate President Bush.The ruling came after a six-day hearing in which Abu Ali testified that Saudi Arabian security officers whipped his back, kicked him in the stomach and pulled on his beard to obtain a confession.The judge issued a one-page ruling and said he would explain his reasoning later in a written order.Abu Ali's lawyers wanted the confession tossed out and the entire case dismissed. But the ruling means the trial will go forward this week, with opening statements as early as Thursday.During the hearing, the judge reviewed photographs of Abu Ali's back that showed thin lines or scars that the 24-year-old said were proof of a flogging. Prosecutors argued the faint markings could have been caused by anything and might have been self-inflicted to bolster a torture claim. They argued the confession was voluntary, citing the 13-minute videotape in which he made jokes and pantomimed the use of an assault rifle.In the confession, Abu Ali said he joined al Qaeda because he hated the United States for its support of Israel. He said he discussed several potential plots with other al Qaeda members, including plans to assassinate Bush, conduct a September 11-style attack using planes hijacked from outside the United States, establish an al Qaeda cell inside the United States and free Muslim prisoners held at Guantanamo Bay.Abu Ali, of Falls Church, Virginia, was born in Houston and graduated from an Islamic high school in Virginia in 1999. He is charged with joining al Qaeda while studying in Saudi Arabia.Saudi security officers said in a deposition that Abu Ali confessed almost immediately when confronted with evidence obtained from other cell members.One officer likened him to "a bag of water" spilling its contents once poked with a hole.Abu Ali was arrested in June 2003 while taking final exams at the Islamic University of Medina. He said he was tortured the next day after he refused many times to speak with interrogators.Abu Ali also confessed to FBI agents in September, but prosecutors have acknowledged that confession is invalid because agents disregarded Abu Ali's request for an attorney.The hearing did not delve into whether Abu Ali was telling the truth when he confessed. His lawyers have argued in court papers that he gave a false confession to stop the torture. Abu Ali testified that "many of the things were false" in his confession.Abu Ali is charged with conspiracy to assassinate the president, conspiracy to commit aircraft piracy, providing material support to al Qaeda and other crimes. He faces up to life in prison if convicted.Copyright 2005 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.

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