Judge sets late August trial date for U.S.-born Taliban fighter

Friday, February 15th 2002, 12:00 am

By: News On 6

ALEXANDRIA, Va. (AP) _ John Walker Lindh will likely go on trial in late August on charges that he conspired to kill Americans and aided terrorists while a foot soldier for the Taliban in Afghanistan.

U.S. District Judge T.S. Ellis III said Friday that he would be willing, closer to the trial date, to consider a defense objection that the Aug. 26 date he picked could leave the defense team to present its case on the first anniversary of the Sept. 11 attacks.

Lindh, wearing a green prison suit, sat at the defense table throughout the federal court proceeding. During a brief recess, he spoke with his attorneys and signed papers.

Defense attorney George Harris asked the judge for a Sept. 16 trial date to get past Sept. 11.

``There will be memorial services. There will be a great deal of genuine emotion in this country,'' he said. ``The government has attempted to make that connection (between the trial and the attacks). For us to be in trial at that time is prejudicial to the defendant.''

Harris said there was in fact no connection between the attacks and the Lindh case, but contended that Attorney General John Ashcroft had attempted to link his client to the terrorist attacks.

Lindh, 21, is charged in a 10-count indictment with conspiring to kill Americans, providing support to terrorists, including Osama bin Laden's al-Qaida, and using firearms during crimes of violence. Three of the charges carry a maximum life sentence and the other seven could bring an additional 97 years in prison.

Ellis told Harris, ``I may be persuaded by the force of your argument. You may revisit this point'' as the August date approaches.

The judge, however, said he rejected defense concerns that pretrial publicity would be prejudicial against Lindh and told Harris he would take care to ensure that no jurors would be selected who had formed an opinion about the case.

Lindh has been held in a detention center since he was brought here Jan. 23 and was recently denied bond. His parents, Frank Lindh and Marilyn Walker, were present Friday, as they have been all of his previous court appearances.