Terror Suspect Cannot Call Lawyer as Witness

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The New York Sun

The terror suspect accused of plotting to blow up the subway station at 34th Street will not get to call forward a witness able to support his claim that his confession was wrongfully obtained.


For Shahawar Matin Siraj, 23, that witness is his own attorney, Martin Stolar, who said he could testify about the befuddled and pressured state that Mr. Siraj was in when he spoke with federal prosecutors shortly after his arrest on August 27, 2004.


Judge Nina Gershon of the U.S. District Court in Brooklyn informed Mr. Siraj last week that he would not be able to call his attorney forward as a witness, leaving him to decide whether to find a new lawyer or proceed without Mr. Stolar’s testimony.


Mr. Siraj’s decision yesterday to keep Mr. Stolar, and not use him as a witness, may weaken Mr. Siraj’s claim that any statements he made to the government should be disregarded. Mr. Stolar said he intends to make this argument while acting as an attorney, even if he cannot do so under oath.


Court documents filed by Mr. Stolar contend that Mr. Siraj was denied access to an attorney during interviews with government agents that lasted five hours. Those documents suggest that Mr. Siraj, an immigrant from Pakistan, did not understand the word “prosecutor” and made a confession in the belief that the assistant U.S. attorney who is prosecuting him was his counsel.


That Mr. Siraj’s rights were violated during his questioning is one of two arguments that Mr. Stolar has indicated he will make in the upcoming trial, scheduled to begin April 24.


Mr. Stolar does not dispute that Mr. Siraj plotted with a co-defendant to blow up the Herald Square subway station at 34th Street, but said that the plan was originally implanted by a police informant who goaded him into hating America.


The most unqualified defense for Mr. Siraj came yesterday from his mother, Shahina Parveen, as she left court.


“We are not like the bad people,” she said.


The New York Sun

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