Army Postpones Chaplain’s Hearing

Army court officials decided Tuesday to delay a hearing into a Muslim chaplain’s alleged misuse of documents from a U.S. military prison in Cuba until they could determine how to proceed with classified evidence found in his possession.

Army Maj. Gen. Geoffrey D. Miller -- commanding officer at the Guantanamo detention installation in Cuba -- ordered that the preliminary hearing to determine whether Capt. James Joseph Yee would face a court-martial be postponed until Jan. 19. A spokesman for the Army’s U.S. Southern Command said Miller granted the delay after military prosecutors and Yee’s lawyers pressed for more time to allow the defense to review classified materials.

“Obviously, it’s the position of both the trial counsel and the defense that the material be looked at properly and be treated properly,” said Army Lt. Col. Bill Costello, spokesman for the Southern Command.

But Yee’s lawyers denied that they had moved jointly with prosecutors and instead charged that the Army had withheld evidence, hidden witnesses and conducted an unfair hearing.

“This is the most incredible military justice proceeding that this defense counsel has ever been involved with,” said Maj. Scot Sikes, a former prosecutor who is acting as Yee’s military lawyer. “All we want is an even playing field.”

Yee, 35, is charged with mishandling classified materials and making false statements to investigators. U.S. customs officials in Jacksonville, Fla., stopped him Sept. 10 after a flight from Cuba and found documents that appeared to be related to Afghan war and suspected Islamic terror detainees being held at Guantanamo.

Military prosecutors allege that Yee removed classified information containing the names of detainees and interrogators. He is charged with mishandling classified materials, making false statements and conduct unbecoming an officer.

Yee, who refers to himself as “Yousef,” counseled some of the 660 detainees held at the U.S. installation in Cuba. After his arrest, Yee spent 67 days in a Navy brig in Charleston, N.C., before being freed to appear at this week’s hearing.

Although the Army delivered some long-sought documents Monday and provided him clearance to view classified materials, civilian defense attorney Eugene Fidell complained that the military had violated Yee’s constitutional rights by delaying access to the evidence and trying to hold some legal discussions in private.

The Army’s attempt to link defense lawyers to the prosecution’s request for a delay, Fidell said, was “inaccurate and self-serving.” Fidell said the Army’s failure to provide prompt access to classified evidence before this week’s hearing violated Yee’s right to a speedy trial and prevented defense lawyers from preparing properly for the case.

Speaking briefly to reporters after Miller’s announcement, Yee said the delay would give him “much-needed time with my family.” Yee’s wife and 4-year-old daughter have attended portions of the hearing.

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Times staff writer Stephen Braun in Washington, D.C., contributed to this report.