Guantanamo Bay, Cuba - Defence lawyers representing detainees held at the controversial Guantanamo Bay prison have called for recusal of a newly appointed judge over possible conflict of interest and bias.
Marine Colonel Keith A Parrella was appointed to the military court, where defendants, including Khalid Sheikh Mohammed, who is accused of masterminding the September 11 attacks, are facing trial.
The 44-year-old judge took over late last month after the previous judge, Army Colonel James L Pohl, who had overseen the case since the trial began six years ago, suddenly retired.
Mohammed's lawyer, David Nevin, on Monday cited Parrella's lack of relevant experience or familiarity with the case, potential conflicts of interest from previously serving in the counterterrorism section of the US Department of Justice and a probable new military posting starting next year as sufficient grounds for the judge's dismissal.
Lawyers for two other defendants joined the motion for the judge's recusal, with one arguing Parrella revealed implicit bias by admitting to "shock and anger" on 9/11, combined with his military service.
In his opening statement at the hearing, Parrella seemed unfazed by the criticisms. "I'm qualified in accordance with (the military's requirements), and we're moving ahead," he said, later agreeing to consider their motion overnight.
Tuesday marks the 17th anniversary of the 9/11 attacks that killed nearly 3,000 people in the United States.
The five men accused of planning the attacks, including Mohammed, have yet to face trial.
Slow pace of trial
Since the suspects were arraigned in 2012, pre-trial hearings have progressed slowly and no trial date has been set. If the suspects are convicted of aiding the 9/11 hijackers, they could face the death penalty.
Parrella has inherited more than 20,000 pages of transcripts, hundreds of unaddressed motions and a classified record of unknown size in the complex case.
The defence particularly expressed concern over a fellowship Parrella completed in 2014-15 with the Department of Justice's Counterterrorism Section, a division in which several lawyers for the prosecution served.
"Connection to a party with the litigation is a classic reason why judges recuse themselves," James G Connell III, the lawyer for one of the accused, told reporters. "I would feel much less concern if he hadn't worked for the same specific unit that much of the prosecution worked for."
Connell did not join Nevin's motion for Parrella's dismissal but requested time for a further investigation into the judge's past.
Defence lawyers' other primary worry is that Parrella was selected for an embassy security position with the Marine Corps beginning in the summer of 2019 and announced his intention to accept the posting.
That means he'll likely preside over the hearings for less than a year before being replaced by another new judge, adding further delay to the long-running case.
