Jury selection will proceed as planned Monday in the al Qaeda conspiracy trial of Sulaiman Abu Ghayth.
Southern District Judge Lewis Kaplan Friday rejected the last minute requests for a continuance by defense lawyers Stanley Cohen and Zoe Dolan, telling the attorneys that time has run out on their attempts to get enough information to justify a motion to depose Guantanamo detainee Khalid Shiek Mohammed.
The defense had hoped to get questions answered by Mohammed, a top al Qaeda figure in the Sept. 11 attacks and other plots, that would exculpate Ghayth, a son-in-law of the late Osama bin Laden who is facing three counts and a possible lifetime prison sentence.
But while Mohammed prepared a 14-page declaration in response to defense inquiries over the last week, his attorneys refused to release it unless guarantees could be made that it would not be used against their client.
Kaplan, who has doubted the defense had any right to question Mohammed in the first place, said it was time for trial. The judge rejected a motion made Feb. 26 for dismissal, further discovery or a continuance based on what the defense described as confusion between their client and a Guantanamo detainee with a similar name.