Terror suspect ordered jailed till trial
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.