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Minn. terror suspect seeks release
By AMY FORLITI , Associated Press MINNEAPOLIS – Attorneys for a Minneapolis man held in solitary confinement on terror charges for more than five years are asking he be released while he awaits trial, saying Mohammed Warsame’s pretrial incarceration has gone on so long it has become punitive.
After U.S. District Court Judge John Tunheim said he would take the request under advisement, Warsame stood up in court and said, “This is unfair, sir. I’ve been here a long time.”
Warsame, a Canadian of Somali descent, is charged with conspiracy to provide material support and resources to al-Qaida and with one count of providing such support. He’s also charged with three counts of lying to the FBI. Authorities have said he once dined with Osama bin Laden, fought with the Taliban and attended training camps in Afghanistan and Pakistan.
He has pleaded not guilty, and says he never knowingly attended an al-Qaida training camp, but instead only sought a “utopian” society in Afghanistan. He has been in custody since Dec. 8, 2003. He was first held as a material witness, then indicted six weeks later.
Assistant U.S. Attorney W. Anders Folk said Tuesday that Warsame should remain in custody because he is a flight risk and a danger to the community.
Warsame’s attorney, David Thomas, said Warsame should be released under certain conditions. Thomas said Warsame is not a flight risk, has been a model prisoner and has no criminal record.
Warsame, who had a beard and a short haircut when he appeared in court Tuesday, smiled at about a dozen supporters in the courtroom before the hearing began. When Tunheim took the bench he greeted Warsame and asked him how he was doing.
“Fine, your honor,” Warsame said.
As the brief hearing was ending, Tunheim said he was concerned about the length of Warsame’s pretrial confinement, and said Warsame’s mental state must be considered.
When he said he’d think about the request before making a decision, Warsame became upset and stood up in protest. He took a few steps toward prosecutors and said, “They are against me!” He accused prosecutors of misconduct as security guards moved in and forced him back into his chair.
Tunheim allowed Warsame to speak but told him to sit down.
“I respect you sir,” Warsame went on. “I respect your court. … I would never do anything against you.”
He said he wouldn’t harm the state, and was a fan of the Minnesota Twins and Minnesota Vikings.
Tunheim said he understood and would make his decision quickly.
“When sir? When?” Warsame pleaded.
“Hopefully very soon,” Tunheim said. A status conference in the case is set for May 20.
Thomas, Warsame’s attorney, declined comment after the hearing. Warsame’s supporters also declined comment.
One reason for the delay in trial is an appeal pending before the 8th Circuit. In June 2007, prosecutors appealed Tunheim’s decision to suppress some statements Warsame made to authorities. According to court documents, Warsame was interviewed by FBI agents at his home on Dec. 8, 2003, and then taken to housing at Camp Ripley for more questioning. He was also told he was participating voluntarily.
The next day, Warsame said he wanted to go home, but agents continued to interview him. Tunheim ruled that Warsame was then in a custodial situation and was not given a Miranda warning, so any statements from that final interview couldn’t be used at trial.
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