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Trial Guide: The Cole Bombing Case at Guantánamo Bay Trial Guide: The Cole Bombing Case at Guantánamo Bay
(5 days later)
The Saudi citizen Abd al-Rahim al-Nashiri is accused of organizing the Qaeda bombing of the U.S. Navy destroyer Cole on Oct. 12, 2000. Two men sailed a bomb-laden skiff alongside the Cole during a routine refueling stop in the port of Aden, Yemen, then blew themselves up. Seventeen American sailors died, and dozens more were wounded. Mr. Nashiri is also accused of a role in the 2002 bombing of the Limburg, a French-flagged, Malaysian-chartered tanker that was carrying Iranian crude oil. A Bulgarian crew member was killed in that attack.The Saudi citizen Abd al-Rahim al-Nashiri is accused of organizing the Qaeda bombing of the U.S. Navy destroyer Cole on Oct. 12, 2000. Two men sailed a bomb-laden skiff alongside the Cole during a routine refueling stop in the port of Aden, Yemen, then blew themselves up. Seventeen American sailors died, and dozens more were wounded. Mr. Nashiri is also accused of a role in the 2002 bombing of the Limburg, a French-flagged, Malaysian-chartered tanker that was carrying Iranian crude oil. A Bulgarian crew member was killed in that attack.
The Cole bombing case is the lesser known of the two death-penalty cases being pursued at a military commission at Guantánamo Bay. The other is the case against the five men accused of plotting the attacks of Sept. 11, 2001.The Cole bombing case is the lesser known of the two death-penalty cases being pursued at a military commission at Guantánamo Bay. The other is the case against the five men accused of plotting the attacks of Sept. 11, 2001.
The case currently has no date for the trial to begin. In August, just before retiring, the military judge threw out confessions the defendant made at Guantánamo Bay in 2007 as tainted by torture. Prosecutors consider those statements key trial evidence and are appealing that decision.The case currently has no date for the trial to begin. In August, just before retiring, the military judge threw out confessions the defendant made at Guantánamo Bay in 2007 as tainted by torture. Prosecutors consider those statements key trial evidence and are appealing that decision.
The case has been in pretrial proceedings since Mr. Nashiri’s arraignment in November 2011, in part because of higher court challenges by both the prosecution and defense lawyers to decisions by the case judges, and in part because two years of judicial rulings by an earlier judge were thrown out when he was found to have a conflict of interest. A major impediment has been the slow pace of disclosure to defense lawyers about the C.I.A. prison network, known as black sites, where the defendant was held for four years before his transfer to Guantánamo in September 2006. Hearings also were put on hiatus for more than 500 days because of the coronavirus pandemic.The case has been in pretrial proceedings since Mr. Nashiri’s arraignment in November 2011, in part because of higher court challenges by both the prosecution and defense lawyers to decisions by the case judges, and in part because two years of judicial rulings by an earlier judge were thrown out when he was found to have a conflict of interest. A major impediment has been the slow pace of disclosure to defense lawyers about the C.I.A. prison network, known as black sites, where the defendant was held for four years before his transfer to Guantánamo in September 2006. Hearings also were put on hiatus for more than 500 days because of the coronavirus pandemic.
Seventeen sailors were killed in the attack: Kenneth E. Clodfelter, 21; Richard Costelow, 35; Lakeina M. Francis, 19; Timothy L. Gauna, 21; Cherone L. Gunn, 22; James R. McDaniels, 19; Marc I. Nieto, 24; Ronald S. Owens, 24; Labika N. Palmer, 22; Joshua L. Parlett, 19; Patrick H. Roy, 19; Kevin S. Rux, 30; Ronchester M. Santiago, 22; Timothy L. Saunders, 32; Gary G. Swenchonis Jr., 26; Andrew Triplett, 31, and Craig B. Wibberley, 19.