The Al Qaeda recruit asks the court to weigh his torture allegations. The US calls conditions in the brig 'irrelevant.'
This week, convicted Al Qaeda recruit Jose Padilla will stand before a federal judge in Miami to receive a punishment that fits his crime.
Such sentencing hearings are usually routine, but Mr. Padilla's sentencing promises to be anything but routine.
Padilla's lawyers are urging leniency, arguing that despite the jury's quick verdicts in his terror conspiracy trial last summer, the evidence against their client remains weak.
But Padilla isn't the only party with a stake in the outcome of Wednesday's scheduled hearing. The Bush administration is pushing hard for the harshest sentence available – life without the possibility of parole. It is a sentence that would probably be served in the isolation wing of the federal "supermax" prison in Florence, Colo.
To determine the most appropriate sentence for Padilla, US District Judge Marcia Cooke will review every relevant event in Padilla's life – including, most important, his conviction in August of conspiring to provide material support to Al Qaeda by attending a training camp in Afghanistan.
She will review Padilla's troubled childhood, his involvement as a teen in a gang-related killing in Chicago, and his jail term in Fort Lauderdale, Fla., on a gun charge. She will also consider his conversion to Islam, the breakup of his marriage, and his subsequent desire to travel overseas to learn Arabic and further his religious studies with scholars of the Salafist sect of Islam.
But there is one major area of Padilla's life that federal prosecutors say Judge Cooke must avoid. For three years and eight months, Padilla, a US citizen, was held without charge in a military brig as an enemy combatant on the orders of President Bush. He was housed in an isolation cell and subject to harsh interrogation techniques that Padilla and his lawyers characterize as torture. The experience, from 2002 to 2006, has left Padilla with severe mental disabilities from which he may never recover, according to mental-health experts who have examined him.
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