FREE PRESS STAFF WRITERS
Terrorism suspect Umar Farouk Abdulmutallab will get his day in court Friday when he is to be arraigned on a six-count federal indictment that could bring him a life-plus prison sentence.The grand jury indictment, filed Wednesday in Detroit, charged the 23-year-old Nigerian national with attempting to use a weapon of mass destruction to destroy a Netherlands-to-Detroit jetliner with a homemade bomb sewn into his underwear as it prepared to land Dec. 25.
"This investigation is fast-paced, global and ongoing, and it has already yielded valuable intelligence that we will follow wherever it leads," U.S. Attorney General Eric Holder said in a statement Wednesday. "Anyone we find responsible for this alleged attack will be brought to justice using every tool -- military or judicial -- available to our government."
There was no immediate comment from the Federal Defender Office in Detroit, which is representing Abdulmutallab.
Abdulmutallab, the son of a wealthy Nigerian banker, is in custody at a federal prison in Milan, near Ann Arbor.
The bomb plot, on Northwest Flight 253, raised security restrictions at airports worldwide and reminded Americans that they still are vulnerable to terror attacks.
Federal prosecutors and court officials in Detroit have been deluged with worldwide media inquiries about Friday's scheduled arraignment.
But for all the buildup, the hearing could turn out to be a routine two-minute court appearance where Abdulmutallab may stand mute to the charges and be quickly hustled by marshals back to the federal prison in Milan, near Ann Arbor. Cameras won't be allowed in the courthouse.
Prosecutors wouldn't be required to present more evidence unless Abdulmutallab's lawyers at the Federal Defender Office request a detention hearing. That's unlikely because Abdulmutallab isn't in the U.S. legally and would immediately be detained by U.S. immigration authorities if a judge released him.
Also unclear is whether there will be a post-arraignment hearing on prosecutors' request to obtain a DNA sample from Abdulmutallab. His lawyers have opposed it, but legal experts have said prosecutors can obtain the evidence through a search warrant.The Federal Defender Office declined to comment.
"The attempted murder of 289 innocent people merits the most serious charge available, and that's what we have charged in this indictment," U.S. Attorney Barbara McQuade of Detroit said Wednesday.
Friday's arraignment is to be conducted by Magistrate Judge Mark Randon. The case has been assigned to U.S. District Judge Nancy Edmunds.
The indictment says the 23-year-old Nigerian national tried to kill 279 passengers -- including himself -- and 11 crew members with a weapon of mass destruction on Dec. 25.
"The bomb was designed to allow defendant Umar Farouk Abdulmutallab to detonate it at a time of his choosing, and thereby cause an explosion aboard Flight 253," the 7-page indictment said.
The document made no mention of terrorism, but the most serious of the six charges he faces -- attempted use of a weapon of mass destruction -- falls squarely under federal terrorism statutes.
The charge carries a maximum penalty of life in prison. Had anyone died in the bomb plot, the charge could have brought the death penalty.
The other five counts carry maximum penalties ranging from 20-30 years in prison. Two of the counts -- possession of a destructive device in furtherance of a crime of violence -- can add 30-year mandatory consecutive sentences to the weapon of mass destruction count. If convicted, Abdulmutallab could face a life sentence, plus 90 years.
Abdulmutallab was subdued by passengers on the plane after they noticed his pant leg and the side of the plane's cabin were in flames. No passengers or crew were injured in the attack, which resulted in increased airline security worldwide.
When he was arrested, authorities said the bomb consisted of PETN, or pentaerythritol tetranitrate, a colorless, crystalline material that is highly explosive and in the same chemical family as nitroglycerin.
Wednesday's indictment also revealed that the device contained triacetone triperoxide, another high explosive known as TATP. It's one of the most sensitive explosives known and has recently appeared as a popular weapon in the Middle East. It can be easily prepared using commercially available materials, according to a government Web site.Both explosives were used by Richard Reid, who tried unsuccessfully to detonate a bomb in his shoe aboard a Paris-to-Miami flight in 2001. He is serving a life prison sentence in Colorado.
The indictment is straightforward, said Peter Henning, a Wayne State University law professor and former federal prosecutor.
"This could be a two-week trial, maybe even less," Henning said. "It will not be a complex case."
David Griem, a prominent Detroit criminal lawyer and former federal prosecutor, called the case "the trial that cannot be lost."
"This is a case that my 14-year-old daughter could prosecute," he said after reading the indictment. "We could try this case 100 times, and she'd beat me every time."
Griem said any plea bargain would be tricky, especially with a life-plus offense on the table. "What would the government be willing to offer this guy?" Griem said. "You can't plea-bargain your case away. What message are you sending to terrorists then?"
Dearborn attorney Majed Moughni has helped organize a demonstration, scheduled for Friday in front of the federal court building in Detroit, where Muslim Americans plan to denounce terrorism.
"We want to send a message to these terrorists that you're not welcome in our religion," he said. "We want the world to see our faces. Our goal is to ignite a peaceful protest throughout the Muslim world. We want the world to see what we can do here."
Moughni said he expects thousands from southeast Michigan to attend the protest.
Contact BEN SCHMITT: 313-223-4296 or bcschmitt@freepress.com. Staff writer Todd Spangler contributed to this report.
