A Collaboration with the University of Pittsburgh

Federal judge dismisses one terror charge against Padilla

[JURIST] US District Judge Marcia Cooke has dismissed [PDF] one of the charges brought against terror suspect Jose Padilla [JURIST news archive] and his two co-defendants, ruling that the charge is "multiplicitous" and violates the Double Jeopardy Clause [LII backgrounder] of the Fifth Amendment to the US Constitution. In an order [PDF text] made available Monday, Cooke dismissed Count 1 of the indictment [PDF text], conspiracy to murder, kidnap and maim persons in a foreign country, because the allegations in that count were already covered in Counts 2 and 3, conspiracy to provide material support for terrorists and material support for terrorists. Cooke said that the government "charged a single conspiracy offense multiple times, in separate counts, when in law and fact, only one crime has been committed."

Padilla, initially suspected of planning to set off a "dirty bomb" in the United States, was charged [JURIST report] last year on unrelated terrorism charges. He was transferred to civilian custody [JURIST report] in January of this year, when he pleaded not guilty [JURIST report] to the charges. His trial is scheduled to begin [JURIST report] January 22. AP has more. The Miami Herald has local coverage.

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.