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NY Daily News 1/29/10

CLICK TO ENLARGE POSSIBLE ALTERNATIVE SITES FOR KSM TERROR TRIAL.The White House on Thursday night told the Justice Department to consider another option after a chorus of critics said a trial would cost a mint and make lower Manhattan a terror target - again.

But there are also problems with the alternative sites being mentioned: a federal prison upstate, West Point, an airbase at Newburgh and Governors Island.

One key issue is legal.

Lawyer Robert Gottlieb, who represents accused terrorist Adis Medunjanin in Brooklyn, says holding a civilian trial in a prison, a military school, an isolated air base or an island could intimidate jurors and prejudice defendants.

"If you bus jurors in bullet-proof tanks to a secure bunker, I think it's reasonable to believe that they might be a little fearful of telling the government that it hasn't proven its

 

case beyond a reasonable doubt," he said.

While the Justice Department favors the lower Manhattan courthouse, officials could move the trial to other federal jurisdictions that have experience with high-security, high profile events, including Alexandria, Va., where Zacarias Moussaoui went on trial.

After saying he was fine with a lower Manhattan trial, Mayor Bloomberg changed his stance, joining skittish business leaders and downtown residents who want Mohammed far away from the neighborhood.

That includes Julie Menin, head of Community Board 1, who sent a letter to Attorney General Eric Holder this week suggesting these alternatives:

- The federal prison in Otisville, N.Y.: Double-fencing, armed perimeter control and motion detectors could hold Mohammed, but holding a trial there would be another matter.

"They do not have a courtroom," Bureau of Prisons spokesman Ed Ross said. "They've never had a trial there."

- West Point Military Academy: Heavily guarded and nestled amid 16,000 acres, the campus has a tiny 30-person courtroom for dispensing justice to faculty and cadets.

West Point spokesman Frank DeMaro declined to reveal where defendants were housed during trials.

- Stewart Air National Guard Base in Newburgh is a secluded base for the 105th Airlift Wing - with no courtroom in sight.

"There's administration buildings, training facilities, chow halls," said Eric Durr, spokesman for the New York State Division of Military and Naval Affairs. "There's nothing specifically built to hold a trial in."

- Governors Island was dismissed by Bloomberg as a possible terror trial venue, but Menin believes the island fits the bill.

Federal officials and politicians said this week the National Park Service buildings on the island lack the needed infrastructure.

"We're going to keep throwing ideas out there until there's a solution," Menin said.

tmoore@nydailynews.com;

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