Lawyers for an accused al Qaida conspirator and Osama bin Laden-son-in-law Sulaiman Abu Ghayth say there may be a second man being held at Guantanamo Bay with a similar name and a similar background to their client.

In a letter to trial Judge Lewis Kaplan (See Profile) filed late Wednesday, attorney Zoe Dolan said defense lawyers had just been told there is an individual at Guantanamo whose name is Abdul Rahman Abdul Abu Ghityh Sulayman, and whose circumstances present enough similarities to the government’s case against her client as to require dismissal of the indictment. Dolan wrote, “nothing provided by the government in motion practice or in discovery indicates the existence of [Sulayman] the Other Individual.”

Dolan, asking for a bill of particulars, said a judge reviewing a habeas petition by Sulayman determined he traveled to Afghanistan, lived in al Qaida guest houses, received military training, was arrested by Pakistani authorities in 2001 and transferred to Guantanamo in 2002. Dolan also said an Administrative Review Board hearing summary in 2006 said Sulayman was reported to have been seen with Osama bin Laden in Afghanistan and has been identified as an al Qaeda spokesman.

With the beginning of jury selection in Abu Ghayth’s trial set for Monday, Dolan asked for a continuance. Kaplan had already reluctantly put off jury selection for one week to give the defense team time to submit written questions to top al Qaiida figure Khalid Sheik Mohammed at Guantanamo.