Camp Lejeune, N.C. • A debate over classified evidence could delay the trial of a Marine accused of deserting his unit in Iraq a decade ago and later winding up in Lebanon.
Lawyers spent Tuesday with the judge in a closed session debating how to treat certain classified information in the trial of Cpl. Wassef Hassoun, who has ties to Utah. Opening statements had been expected to begin, but the judge is giving prosecutors until Friday to consider an appeal.
The investigation of Hassoun's disappearances involved intelligence officers, diplomats and military investigators dealing with sensitive information.
Prosecutors indicated Monday that information from two witnesses was classified, while the defense questioned that. The bulk of the arguments were held behind closed doors.
The judge's ruling was not disclosed, but prosecutors said they may appeal, indicating the defense succeeded.
Defense attorney Haytham Faraj speculated that an appeal would be intended to delay the trial long enough to force the seating of a different judge.
Hassoun, 35, chose Monday to have his case decided before Marine Maj. Nicholas Martz, instead of a jury. The unexpected move happened as the court prepared for the arrival of potential jurors.
"It appears to me that trial counsel and their supervisors are unhappy" with the choice of a bench trial, Faraj said Tuesday. "I am left with only one conclusion: The intent is to delay the trial long enough to get a different judge."
Defense attorneys maintain Hassoun was kidnapped in 2004 by insurgents and later became tangled up in Lebanese courts. Prosecutors allege Hassoun fled his post because he was unhappy with his deployment and the treatment of Iraqis by U.S. troops.
Hassoun — who has family in West Jordan, Utah — is a native of Lebanon and a naturalized U.S. citizen. He faces a maximum sentence of 27 years in prison if convicted of all charges.
Cpl. Wassef Hassoun, left, is escorted to the courtroom on Camp Lejeune in Jacksonville, N.C., Monday, Feb. 9, 2015, for the beginning of his court martial trial. The U.S. Marine who vanished from his post in Iraq a decade ago and later wound up in Lebanon chose Monday to have his case decided by a military judge instead of a jury. Hassoun's military defense attorney Capt. Brittaney Bennett walks with him. (AP Photo/The Daily News, John Althouse)