A first look at US case against Padilla
The trial begins Monday in US court for the American – and alleged terror conspirator – held for five years.
from the May 14, 2007 edition
Page 2 of 3
His history in custody
Padilla was held without charge as an enemy combatant for three years and eight months. Military interrogators questioned him about his alleged involvement in a plot to detonate a radiological "dirty bomb" in the US and about his suspected knowledge of Al Qaeda. After his indictment in November 2005, Padilla was transferred to the criminal justice system and is being held in pretrial detention in a special isolated, high-security wing of the Federal Detention Center in Miami.
Because Padilla's military detention and interrogation were conducted in violation of a string of his constitutional rights – such as his right to remain silent and consult counsel, and his right to due process – government officials have acknowledged that information obtained by the military would most likely be excluded from the trial. As a result, federal prosecutors have been forced to cobble together their case from evidence obtained through other means.
Despite Padilla's notoriety as the alleged "dirty bomber," his indictment does not mention that suspected plot. Thus, the government's case against Padilla appears to be thin, some legal analysts say.
Monday's opening statement offers prosecutors their first real opportunity to demonstrate the scope of their case. Their opening statement will offer jurors a preview of the government's evidence and attempt to establish in the jurors' minds the seriousness of the alleged crimes.
"It is almost like a pep rally about your case to the jury, so that when you've completed your opening you want the jurors to want to convict the defendant," says Bruce Zimet, a south Florida trial lawyer and former federal prosecutor.
"A lot of people start making up their minds or start leaning very early in the case," Mr. Zimet says. "It is really first impressions and images of the case that come out in the opening statement, and for the prosecution it is incredibly important."
On the other side, it is equally important for defense lawyers to try to take the sting out of the government's opening. But defense lawyers generally adopt a completely different strategy for their openings. Instead of offering a comprehensive point-by-point response to each piece of government evidence, defense lawyers frequently try to zero in on a few key weaknesses in the government's case.
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