Legal Commentary

Somali Pirate to be Charged as Adult, Faces Life

By Jeralyn

Here is the complaint (pdf) filed against Abduwali Abukhadir Muse, the accused teen-aged Somali pirate. The primary charge is Piracy Under the Law of Nations which carries mandatory life...no parole.

The Government now says he was the ringleader of the pirate attack. Did Captain Phillips tell them that? How else would they prove that when the others are dead? [Added: Answer is it came from interviews with the Captain and other crew members.]

He cried in court today. He is being represented by the Federal Defenders office in New York. The Court ruled him to be an adult today even though his father says he's 15 years old. [More...]

His next court date is May 21 for a preliminary hearing. If the grand jury indicts before then, he won't get a preliminary hearing. The Indictment is considered probable cause. From the docket entry:

Deft appears with Federal Defender atty's Philip Weinstein and Deirdre Von Dornum. AUSA Brendan McGuire present for the gov't. Somali interpreter present. Pretrial Report waived. Detention on consent without prejudice. Other: Consular notification made. ( Preliminary Examination set for 5/21/2009 at 10:00 AM before Judge Unassigned.)

Age Hearing as to Abduwali Abdukhadir Muse held. Deft appears with Federal Defender atty's Philip Weinstein and Deirdre Von Dornum. AUSA's David Raskin and Brendan McGuire present for the gov't. Somali interpreter present. Finding: Not a juvenile.

Update: The AP has more on his background here.

Full post as published by TalkLeft on April 21, 2009 (boomark / email).