Judge gets help of Sept. 11 suspects

A military judge Monday enlisted the help of self-described Sept. 11 mastermind Khalid Shaikh Mohammed in coaxing a man accused as a co-conspirator out of his detention cell here so the controversial trial into the attacks on New York and Washington can proceed.

After a long day of procedural wrangling, Marine Col. Ralph H. Kohlmann ordered Ramzi Binalshibh to be “extracted” from his cell by force if necessary and brought into the military commission courtroom at the U.S. naval base here this morning.

Binalshibh, as he has in the past, had refused to leave his cell and go to court, this time for the first of three days of motions in the case against five men accused of plotting the Sept. 11 attacks.

The prosecutor, Army Col. Robert L. Swann, told the judge that his office tried to get the Joint Task Force Guantanamo, which is in charge of detainee affairs, to force Binalshibh out of his cell and into court. But he said Guantanamo officials refused, saying they didn’t have the authority.

Binalshibh’s lawyers opposed the extraction and asked the judge for a stay, saying his refusal to leave his cell may have something to do with all of the psychotropic medications he is taking -- including one prescribed for schizophrenia -- and that the court needs to determine whether he is mentally competent to stand trial.

Both sides said Binalshibh’s attendance was important because he and the others could face execution if they are convicted by a tribunal, and his failure to attend would undermine the legitimacy of the much-criticized process.

Prosecutors say Binalshibh, a Yemeni, worked as a close aide to Mohammed and helped the Sept. 11 hijackers enter the United States and find flight schools. He said so himself in a taped interview made before his 2003 capture in Pakistan.

As Kohlmann listened to the opposing sides, Mohammed -- who has confessed to dozens of Al Qaeda attacks as its operations chief -- politely raised his hand and began to speak. He was cut off, but said through a lawyer that he too wanted his friend to appear in court and volunteered to visit Binalshibh in his cell along with the other defendants so they could talk him into it.

“They might well be to able convince him . . . and it would be a win-win situation for everybody,” said David Nevin, a civilian lawyer assisting Mohammed, quoted the chief defendant as saying. Mohammed is one of three accused men who are representing themselves but have lawyers assigned to help them.

The judge ruled out the visit, and denied the stay request. But he did allow Mohammed, Walid bin Attash, Ali Abdul Aziz Ali and Mustafa Ahmed Hawsawi to write letters to Binalshibh asking him to please show up in court without a fight. By evening, the letters had been delivered to Binalshibh. According to one of his defense lawyers late Monday, Binalshibh after reading the letters said he would attend today’s court session.

During long delays between arguments, Mohammed and the other codefendants laughed, plotted legal strategy and had their lawyers pass around family photos that had been provided to them that morning. One lawyer said some of the photos were of two of Mohammed’s young children, who were captured by Pakistani authorities shortly before he was apprehended in March 2003.

The men sat at separate tables, in white robes, blue prison-issue sneakers and turbans or head scarves.

Fireworks are expected today when Mohammed is to question Kohlmann to determine whether the military judge is competent and unbiased to oversee the proceedings.

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josh meyer@latimes.com