By Joyce Kryszak
Buffalo, NY – A second bail hearing for Sahim Alwan could soon be a moot point. The only Lackawanna terrorist suspect who was granted bail won't have that decision reconsidered until April 10th. But court proceedings in the government's case against the suspected sleeper cell begin later this month.
The second bail hearing for Sahim Alwan was to begin Monday. But his defense attorney and US prosecutors agreed to yet another delay. April 10th is now the latest date that's been set to reconsider if Alwan should be free until his guilt or innocence is determined.
His bail came into question when one of Alwan's co-defendents cut a plea deal in January. Faysal Galab says Alwan had private talks with Osama Bin Laden while in Afghanistan. Alwan's attorney, James Harrington, says Galab needs to say that on the witness stand.
"Those words, in our opinion were taken out of context," Harrington said. "It needs to be developed through testimony from Mr. Galab exactly what was said by my client and what the context of the conversation was."
But the prosecution doesn't want Galab on the stand for the bail hearing because they believe it could jeopardize their case against the five men, including Alwan, who are still facing trial. Initial court proceedings for that trial will actually begin two weeks before the new bail argument is even heard.
Meanwhile, Alwan remains in jail.
Harrington says it is an unusual case.
"We're still in the process of preparing for a set of motions that we will file," Harrington said. "They're pretty complicated because this is an unusual case.
"It involves trying to obtain a lot of different information from the government, which there will be substantial arguments about whether or not we're entitled to things. So, it's pretty complicated."
A timetable for the trial itself has not yet been set. In the meantime, Harrington says he's working with prosecutor's to resolve issues surrounding what he called recent developments in the bail hearing matter. He wouldn't elaborate, including whether or not it could mean additional plea deals in the case.