Experts say 9/11 terror trial must take place where crime was committed, leaving locations limited

Bowing to critics who want the trial of Khalid Shaikh Mohammed out of Foley Square, the Department of Justice Friday appeared close to abandoning plans to bring the case in lower Manhattan.

If the attacks had taken place outside the U.S., prosecutors could bring the case in any federal court in America.

Because the crime occurred in the U.S., the trial has to happen where at least one part of the conspiracy took place.

"The trial has to occur in the venue where the crime was committed," said James Benjamin Jr., a former Manhattan federal prosecutor who handled the appeal of World Trade Center bomber Ramzi Yousef.

Complicating matters is that prosecutors would likely want to bring murder charges against Mohammed and his four co-defendants for the deaths of 3,000-plus.

That, experts said, would restrict the location to the three places where blood was shed: the Southern District of New York, the Eastern District of Virginia or the Western District of Pennsylvania.

Pennsylvania has no experience with such cases, while Southern District New York has handled the most terrorist defendants - 52 - since Sept. 11, with Virginia close behind at 34.


Read more...