by Faith Mangan, FNC Field Producer

Najibullah Zazi, 24, and his father, Mohammed Zazi, 53, had an initial appearance together before Judge Craig Shaffer in federal court in Denver today.  They are charged with knowingly and willfully making false statements to the FBI in a matter involving international and domestic terrorism.

Both defendents were escorted into the crowded courtroom in handcuffs.  The elder Zazi was clad in a grey t-shirt and running pants, while his son was in a short sleeved, button-down yellow, plaid shirt.  Before the official start, they each spent some time looking over sheets of paper, while quietly conferring with defense attorney Arthur Folsom.  The courtroom was packed early on with media representatives from all the main news organizations.  It was standing room only.

The hearing got underway with a request for a court appointed attorney for Mohammed Zazi.  The judge said he knew things had been busy for Arthur Folsom’s office, but he needs to be in good standing with this district to have an appearance in it.  Folsom said he had taken care of paperwork earlier in the day and the problem was that he was still credentialed under his last law firm.  The judge said he’d accept Folsom’s representation for today, but if he’s going to have future court appearances, the paperwork needs to be properly resolved going forward.

The initial appearance continued with the judge advising the defendants of their rights: the 5^th amendment (self-incrimination) and the 6^th amendment (right to counsel).  Najibullah indicated he intends to keep Folsom as his attorney.  Mohammed affirmed he wanted court-appointed counsel.  The judge reviewed Mohammed’s affidavit of financial need and said he qualifies for the help.

The judge then moved onto citizenship, stating if someone is not a citizen, he or she has a right to have the consular office contacted.  Both men are from Afghanistan. Najibullah is a legal resident of the United States, his father is a naturalized citizen of this country.

Folsom consulted with Najibullah and said they do not wish to have that done at this time, but they reserve the right in the future.  A representative from the public defender’s office then jumped in on behalf of Mohammed, even though the case has not yet been assigned to a particular attorney.

It was then time to go over the charge each of them is facing and the penalty if convicted, a potential 8 years imprisonment, $250,000 fine, and three years supervised release.

The men were told they’re entitled next to a preliminary hearing.  The government is not seeking detention of the father, Mohammed, but prosecutors do want to keep Najibullah in custody.  The judge set 9 a.m. MT on Thursday, September 24, 2009 as a preliminary and detention hearing for Najibullah.  Judge Shaffer said he understands evidence gathered under the Surveillance Act (known as FISA) is part of the case, and he asked if that would be a problem for Thursday.  Prosecutors said they did not expect it to be an issue.

Mohammed’s expected release was the next thing on the agenda.  The public defender pointed out Mohammed was having issues following along with the proceedings in English and asked for an interpreter next time.  Conditions for Mohammed’s release include: $50,000 unsecured bond (he does not have to post, but can forfeit that money if he violates conditions), he’ll have to report to a court officer on a regular basis, his travel is restricted to the state of Colorado and he has to get permission before crossing the state’s lines, he has to surrender his passport and may not obtain new travel documents, he can not become an informant without the court’s prior consent, he can not have firearms and he may not leave his home except for preset reasons such as employment, medical reasons, court appearances, education or religious reasons.  Mohammed must also pay the cost of electronic monitoring.  Even though the government does not intend to hold him on an ongoing basis, he cannot be released until his home is certified for electronic monitoring.  The judge set Thursday, September 24 for t a status conference to check up on progress towards Mohammed’s release.  The prosecution said they want the full amount of allowable time, 20 days, until they have to hold a preliminary hearing for Mohammed, because they are still collecting evidence and interviewing people.

The public defender who was present finished out the hearing by taking the podium to state Mohammed has not waived his right to counsel, so further attempts by law enforcement or the government to contact Mohammed Zazi must go through counsel.

Afterwards, outside the courtroom, the wall of silence returned. The prosecution team left without saying a word to reporters. The defense, would only say they will be back Thursday.