Judge Won’t Dismiss Charges Against Padilla
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
MIAMI — A federal judge refused to dismiss terrorism charges against a suspected Al Qaeda operative over claims he was tortured in U.S. military custody, but the possibility that the allegations could resurface at his upcoming trial was left open.
U.S. District Judge Marcia Cooke said Jose Padilla’s torture allegations could become relevant during his trial if prosecutors seek to use evidence gathered from him during his 3 1/2 years in isolation at a Navy brig.
“Should any Naval Brig statements be introduced at trial … the circumstances surrounding the making of those statements may be relevant and hence admissible,” Judge Cooke wrote Monday.
Mr. Padilla’s lawyers claim that as an “enemy combatant” he was routinely subjected to harsh treatment and torture during the time he was held. He claimed that he was forced to stand in painful stress positions, given LSD or some other drug as a “truth serum,” subjected to loud noises, and noxious odors, and forced to endure sleep deprivation, extreme heat and cold, and harsh lights.
