Terror suspect Najibullah Zazi, 24, of Aurora, appeared in federal court Friday before U.S. Magistrate Judge Craig Shaffer. Zazi's second hearing in as many days was to address two charges, one in Colorado relating to lying to federal authorities, the other the conspiracy charge out of New York.
During the hearing, Assistant U.S. Attorney Tim Neff said evidence collected showed Zazi had gathered the necessary materials and was perfecting his bomb before driving to New York on Sept. 9, The Denver Post reports.
"(The evidence) suggested the defendant was intent on making a bomb and being in New York on 9/11 for the purpose of using such an item," Neff said.
Zazi originally became the center of the terror investigation after being stopped near New York City in a rental car on Sept. 10. Investigators say they found bomb-making instructions on the hard drive of his laptop computer in his rental car.
Zazi was tipped off that he was being watched and returned to Colorado where he was soon meeting with federal authorities. On Sept. 19 he was arrested for lying to investigators.
The new indictment, handed down by the Department of Justice Thursday, outlines the conspiracy to use weapons of mass destruction charge. The DoJ says Zazi, "knowingly and intentionally conspired with others to use one or more weapons of mass destruction, specifically explosive bombs and other similar explosive devices, against persons or property within the United States."
The federal government claims Zazi was committed to detonating an explosive device up until his arrest. The government says they have direct evidence that in Aurora Zazi actually purchased the component parts of improvised explosive devices and took "substantial" steps to carry out the plan. Furthermore, the indictment states Zazi even practiced making the devices at an Aurora hotel before traveling to New York.
During Friday's hearing, Shaffer dismissed the Colorado count relating to lying to investigators.
Zazi told Shaffer he was happy with this representation and would not need a public defender in New York.
When asked if he understood the charge in New York, Zazi responded, "Yes, your honor."
Shaffer was considering Friday whether to authorize federal authorities to transfer Zazi to New York City, where he was indicted.
As the proceedings continued, the defense objected to Zazi's detention.
Neff countered, citing several factors to be considered when deciding on the detention of Zazi.
Neff discussed the nature and circumstances of the offense saying, "The government proposes the defendant is a significant flight risk."
Neff also pointed to Zazi's recent travels and the fact that his wife lives in Pakistan. He added that now that Zazi has been terminated from his job as a Denver International Airport limo driver he has few ties to the community. He also noted that he has only lived in the state since January of 2009.
"The defendant does not have substantial ties to this community," Neff said.
Zazi's attorney, Arthur Folsom, responded to Neff's arguments by pointing to Zazi's cooperation with federal agents.
"It's worth pointing out that the defendant initially cooperated with the FBI," he said.
An expressionless Zazi stared directly ahead during the hearing with his hands handcuffed. He wore a white t-shirt, khaki pants and blue shoes.
Ultimately Shaffer ruled to continue Zazi's detention and sign a transfer order to move Zazi to New York.
"I find in favor of detention," Shaffer said.
Zazi's father, 53-year-old Mohammed Wali Zazi, was in court on Thursday. He also faces a charge of lying to a federal investigator, but was released from custody with the condition he be kept under electronic monitoring. He is due in court again on Oct. 9.
Najibullah Zazi and Folsom have maintained Zazi's innocence since his name surfaced as a target of the FBI and Joint Terrorism Task Force investigation. Zazi also told 9NEWS in his first interview on Sept. 15 he is "not a terrorist" and has not associated with any one associated with al-Qaeda.
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