September 11 suspect asks that US judge step down, cites evidence destruction

The US military judge overseeing the trial of the accused mastermind of the Sept. 11 attacks should step down and the case should be scrapped because he effectively conspired with prosecutors to destroy evidence, defense lawyers said in a court filing. The motion said Judge James Pohl, an Army colonel, and prosecutors had tainted the case against Pakistan-born Khalid Sheikh Mohammed by keeping defense lawyers from learning that the evidence had been destroyed. The motion was filed on May 10 and recently cleared for release. It raises a potential hurdle in the slow-moving capital case against Mohammed and four others charged in the hijacked airliner attacks of Sept. 11, 2001, in which 3,000 people died. Pohl, along with prosecutors, "manipulated secret proceedings and the use of secret orders to mislead the defense and unfairly deprive Mr. Mohammed" of ways to keep the evidence from being destroyed, the motion said. Commissions spokeswoman Lieutenant Colonel Valerie Henderson referred questions to the prosecutor's response, which is expected to be made public in a few days.<br/>