Saying they didn’t wish to delay the trial, federal prosecutors on Sunday said they won’t appeal a judge’s ruling that bans a key witness from testifying in the first criminal trial of Guantanamo Bay terrorism suspect, Reuters news service reported.
“The government . . . has decided not to pursue an appeal from the court’s decision,” said a letter from the New York U.S. Attorney’s Office to the presiding judge in the case, Reuters reported.
The letter said the government case is sufficient without the witness.
On Wednesday, U.S. District Judge Lewis A. Kaplan cause a delay in the trial when he ruled that the witness, Hussein Abebe, couldn’t be used in the trial against Ahmed Khalfan Ghailani, who is accused of conspiring in the 1998 bombings of the U.S. embassies in Kenya and Tanzania, which killed 224 people, including a dozen Americans.
The judge ruled that the government discovered the name of the witness during a harsh interrogation of the defendant in an overseas jail run by the CIA. The government insisted it would have learned about Abebe even without the interrogation, an argument the judge rejected.
Prosecutors had said that the witness told FBI agents he had sold the defendant explosives for one of the bombings.
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