Release carries conditions
Uzbek terror suspect could be home as soon as Thursday
A federal judge has ordered the release of an Uzbek terror suspect pending the outcome of a home inspection and a promised appeal of his decision to the 10th U.S. Circuit Court of Appeals.
The soonest Jamshid Muhtorov could be released is Thursday, when both the home inspection and a bond hearing are scheduled.
“Once that’s approved, that will be it,” said Senior U.S. District Judge John Kane.
If Muhtorov is released, he will be on home detention and must wear an ankle bracelet to monitor his whereabouts. He will not be allowed to keep a job or communicate with witnesses in his case.
No possible release condition or combination of release conditions can possibly ensure public safety once Muhtorov is released, said assistant U.S. Attorney Gregory Holloway, who has been the prosecutor on the case since Muhtorov was arrested 5½ years ago.
Holloway notified Kane that he intends to appeal the decision to release Muhtorov, who is accused of giving material support to the Islamic Jihad Union.
Muhtorov has been in custody since January 2012, after he quit his long-haul trucking job in Aurora, embarked on a trip to Turkey and was arrested by FBI agents at Chicago’s O’Hare International Airport.
Muhtorov last week filed a pro se lawsuit seeking dismissal of charges against him. In the filing, he claimed his Sixth Amendment right to a speedy trial had been violated. His trial had been set for July 31, but Kane indicated that it will be postponed until March 2018.
Kane on Monday asked Muhtorov, who was dressed in a dark green prison jump suit and speaking through an interpreter via video conferencing, whether he is in agreement with a motion by his attorneys to postpone his trial.
“You do understand that you could be recommitted to custody? That could change beyond my control and your control,” Kane said. “Are you in agreement?” “Yes,” Muhtorov replied.
In an order that was released Friday, Kane gave a lengthy explanation of why he would order Muhtorov to be released before his trial, including the fact that the defendant is presumed innocent and that he has already been held in detention for a time span equal to his likely sentence if he is found guilty.
Warren Williamson, Muhtorov’s public defender, filed a document proposing release conditions including that he not use alcohol or drugs. Muhtorov also would be prohibited from possessing a gun or leaving Colorado, and would be required to take drug tests and avoid contact with witnesses.
Muhtorov smiled and blew a kiss to his wife, who was sitting in the second row wearing a long green dress and head scarf. Their third child was born while Muhtorov was in detention.