Jury at the trial of Osama bin Laden's son-in-law, Sulaiman Abu Ghayth, will not hear testimony of how police arrested the wrong person for plotting to attack U.S. nationals after 9/11, Businessweek reported.
Ghayth, who is a member of al-Qaeda, will face trial for allegedly conspiring with his father-in-law to carry out several murders, including a plan to blow up passenger jets. Ghayth is one of the few top remaining al-Qaeda leaders after bin Laden was killed by U.S. Navy SEALs in 2011, Businessweek reported.
Defense for Ghayth filed a request to investigate allegations that another man was mistakenly identified when he was arrested. That man is also known as "Sulayman Abu Ghayth."
U.S. District Judge Lewis Kaplan denied the request, stating that Ghayth's claim is "utterly meritless," according to Businessweek.
Ghayth, the highest-ranking al-Qaeda leader to be tried in a civilian court, maintained his innocence.
"I want to emphasize he denies all the charges," Kaplan told the jury during questioning in Manhattan, Businessweek reported. "He is presumed innocent."
Defense lawyer Zoe Dolan said the other man, who is from Yemen and is currently detained at Guantanamo Bay, should be on trial and not Ghayth.
Kaplan also denied the defense's request to use testimony from Khalid Sheikh Mohammed, who is accused of being the mastermind behind the Sept. 11 terrorist attacks. Mohammed is also waiting at Guantanamo Bay to face trial.
Mohammed is "the most qualified person alive" to tell the jury if whether or not Ghayth had prior knowledge of any murder schemes.
Kaplan, however, is "skeptical" about Mohammad's value as an informative witness for Ghayth.
The jury will be kept anonymous during the trial, which Kaplan said could begin March 5. U.S. Marshals will escort the jury to and from the courthouse and they will be together during meals and recesses, Businessweek reported.
Ghayth faces life in prison if he is found guilty.
