Judge in Trade Center Case Weighs Trial Move to Ohio : Terrorism: But jurist says publicity about New York bombing probably will be a factor anywhere. He also may scratch opening arguments.
NEW YORK — The federal judge scheduled to preside over next month’s trial of defendants in the World Trade Center bombing said Friday that he has been considering moving court proceedings to Cincinnati in an effort to find an impartial jury, because of the amount of publicity the case has generated.
But Judge Kevin T. Duffy told lawyers for the defense and prosecution during a hearing that he probably would not seek to switch cities because “this might be the kind of case where publicity is so widespread that any place is the same situation.â€
The judge said that in an effort to find an impartial jury he has requested perhaps the largest jury pool in the history of the Southern District of New York, where the trial presently is set to start on Sept. 14.
Four of the seven defendants who have been charged in the trade center explosion that killed six people and injured more than 1,000 will be tried before Judge Duffy. Two others are fugitives, believed to be in Iraq, and a third will be tried separately at a later date.
In an unusual judicial maneuver, Duffy said he also was considering forbidding opening arguments in the case and starting the trial with the prosecution’s first witness. The judge said the practice was commonly used in federal courts in Connecticut.
“I have been toying with the idea of doing away with opening statements to the jury completely,†he told somewhat surprised lawyers. “. . . I have seen cases where lawyers wish they can take back the opening statements. But I have not made up my mind.â€
The judge indicated that it was unrealistic to expect to find jurors with no knowledge of the trade center terrorism.
“I do not expect we are going to get a jury of people who know nothing about the World Trade Center incident,†Duffy said. “I have considered the possibility of moving the case from this district.â€
But he added: “. . . I am not sure I can find any place within the United States where we can find a population that has no knowledge whatsoever. So I lean mostly to keeping the case here.â€
Prosecutors told the judge they expected the government’s presentation of evidence to take eight to 10 weeks. Outside the courtroom, defense lawyers declined to say whether they planned to call rebuttal witnesses.
Judge Duffy said he had decided that identities of jury members would not be revealed but that he had no plans to sequester the panel. The judge told both the prosecution and defense they would not be allowed to question individual jurors during the selection process and their input would be through questions they submitted to him for the questionnaire jurors will fill out.
Some defense lawyers in the case said they believed an impartial jury could be chosen.
“This is an urban district. I think New Yorkers are fair, open-minded, sophisticated. I think they have seen Arabs and aren’t startled to see them as human beings,†said Austin Campriello, who represents defendant Mohammad Ahmad Ajaj.
On Wednesday, the government filed a new indictment in the trade center bombing, naming an additional defendant who authorities claim helped mix explosives used in the blast.
But the latest suspect, Abdul Rahman Yasin, like another defendant, Ramzi Ahmed Yousef, is believed by authorities to be in Iraq.
Sign up for Essential California
The most important California stories and recommendations in your inbox every morning.
You may occasionally receive promotional content from the Los Angeles Times.
