Ter­ror sus­pect or­dered jailed till trial

The Denver Post - - DENVER & THE WEST - By Kirk Mitchell

The 10th U.S. Cir­cuit Court of Ap­peals has re­versed a fed­eral judge’s de­ci­sion to re­lease an Uzbek ter­ror sus­pect on bond and in­stead or­dered him de­tained pend­ing trial.

Jamshid Muh­torov, who has al­ready been held for more than 5½ years, will be de­tained un­til his trial next year, the ap­peals court ruled. The 10th Cir­cuit Court pre­vi­ously is­sued a tem­po­rary stay of Muh­torov’s re­lease pend­ing a for­mal re­view.

Se­nior U.S. Dis­trict Court Judge John Kane had or­dered Muh­torov be re­leased on bond with a list of con­di­tions in­clud­ing that he wear an an­kle mon­i­tor.

Muh­torov, ac­cused of pro­vid­ing ma­te­rial sup­port to the Is­lamic Ji­had Union, is be­ing held with­out bond at the GEO Aurora De­ten­tion Cen­ter.

Muh­torov had sought his re­lease claim­ing that ex­tra­or­di­nary trial de­lays vi­o­late his Sixth Amend­ment right to a speedy trial.

Kane’s de­ci­sion to re­lease Muh­torov came af­ter ev­i­den­tiary hear­ings con­vinced the judge that the case against Muh­torov was weaker than he orig­i­nally thought. The 10th Cir­cuit Court found ma­jor er­rors in Kane’s con­clu­sions.

“Even as­sum­ing the tes­ti­mony from these hear­ings weak­ens the gov­ern­ment’s ev­i­dence that Muh­torov ac­tu­ally pro­vided ma­te­rial sup­port to the IJU, it does not im­pact the con­spir­acy and at­tempt com­po­nents of the of­fense,” the 10th Cir­cuit Court de­ci­sion said.

The ev­i­dence does not sup­port Kane’s con­clu­sion that Muh­torov no longer poses a dan­ger or presents a flight risk that can­not be min­i­mized by strict re­lease con­di­tions, the de­ci­sion says.

Muh­torov’s trial has been post­poned nu­mer­ous times while pros­e­cu­tors and de­fense at­tor­neys filed a suc­ces­sion of mo­tions over is­sues in­clud­ing con­tro­ver­sial war­rant­less wire­taps and na­tional se­cu­rity is­sues.

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