3rd SEAL trial to stay in Virginia - Navy News | News from Afghanistan & Iraq - Navy Times

3rd SEAL trial to stay in Virginia

NORFOLK, Va. — The trial for the Navy SEAL accused of punching an alleged al-Qaida terrorist while in U.S. custody in Iraq has been postponed until May 3, but the trial will remain in Norfolk.

Capt. Moira Modzelewski granted government prosecutors the continuance on the grounds that most of the evidence in the case is still undergoing a classification review and has yet to be seen by either the prosecution or the defense.

Modzelewski stopped short of moving the trial of Special Warfare Operator 2nd Class (SEAL) Matthew McCabe to Camp Victory near Baghdad.

That news comes two days after a different military judge decided to move the trials for the two other SEALs accused in connection with the alleged assault to Iraq.

Cmdr. Tierney Carlos, the trial judge for the courts-martial of SO2 (SEAL) Jonathan Elliot Keefe and SO1 (SEAL) Julio Antonio Huertas Jr., agreed Monday with defense motions to move the trials to Camp Victory so the sailors can face the alleged victim, Ahmed Hashim Abed, whom the government sought to depose in lieu of a trial appearance.

Keefe’s court-martial had been scheduled to begin April 6, while Huertas’ was supposed to begin Monday and was continued until April.

“If he is available for a deposition, then he is available for trial,” Carlos said during the hearing for Keefe on Monday.

McCabe’s attorney, Neal Puckett, did not make a similar motion to change the trial venue to gain access to Abed.

Puckett has continually pushed for a speedy trial in his motions and initially objected to the continuance on the grounds it denied his client that right.

He reluctantly withdrew his opposition Wednesday because three potential witnesses in the case have now retained a lawyer themselves. They are refusing to talk to either side, apparently in an attempt to get immunity from prosecution, Modzelewski said while announcing her ruling.

The U.S. thinks Abed masterminded the 2004 ambush in Fallujah, in which four Blackwater security contractors were burned and killed. Two were hanged.

In addition to McCabe’s assault charge, he, Keefe and Huertas are accused of making false statements in an alleged attempt to cover up the assault, as well as dereliction of duty. Huertas also is accused of impeding an official investigation. All three have pleaded not guilty to all charges.

Last month, Navy prosecutors asked a judge to delay the trials of McCabe and Huertas.

Keefe’s lawyer, Greg McCormack, had already asked for a continuance at Keefe’s Dec. 20 arraignment, which was granted, continuing the court-martial until April 6.

McCormack told reporters after the December hearing that he was aware of photos and video of the alleged victim from during and after the attack, but had yet to see them.