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However, that didn't mean they had repented. "I reaffirm my allegiance to Osama bin Laden," Ramzi Binalshibh blurted out in Arabic at the end of the hearing. "I hope the jihad continues and I hope it hits the heart of America with weapons of mass destruction." The formal confessions were delayed, however, when the judge said two of the defendants couldn't enter pleas until the court determines their mental competency. The other three said they would wait as well. "Our plea request was based on joint strategy," said defendant Ali Abd al-Aziz Ali. The judge, Army Col. Stephen Henley, noted that the law specifies that only defendants unanimously convicted by a jury can be sentenced to death in the tribunals. No jury has been seated. Army Col. Lawrence Morris, the chief prosecutor for the Guantanamo tribunals, said he expects a jury would be created to hear evidence in a sentencing phase of the trial and would decide on what punishment to mete out to the defendants. Human rights observers said the judge's uncertainty about sentencing highlights problems with America's first war-crimes trials since World War II, and is further evidence that they should be shut down. "The fact that the judge doesn't know whether they can be sentenced to death in one of the most important trials in U.S. history shows the circus-like atmosphere of the military commissions," said Jennifer Daskal of Human Rights Watch. "These cases belong in federal court."
[Associated
Press;
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