DENVER – U.S. Justice Department prosecutors on Monday appealed the granting of bail to Uzbek terrorism suspect Jamshid Muhtorov, and his release was postponed Monday to later this week in order to give the court more time to be sure that his home is an acceptable place for him to stay while he awaits trial on a terrorism charge.
U.S. District Court of Colorado Judge John Kane on Friday ordered Muhtorov released from custody while he awaits trial, and set a hearing for today to determine what Muhtorov’s terms and conditions of release would be.
Muhtorov was arrested and charged in 2012 on suspicion that he provided material support to a terrorist group, the Islamic Jihad Union, but has never faced trial and remains jailed after more than five years.
A co-conspirator of his in the case, Bakhtiyor Jameav, is set to face trial early next year, and the two are expected to testify in one another’s defense, so the cases have continually been pushed back.
Judge Kane stayed the final order for Muhtorov to be released on bail until Thursday, as he wanted more time for case workers to be sure Muhtorov’s home would be ready for him to stay at during his “home incarceration.”
As terms of his release, Muhtorov will have to wear a GPS tracking device while out on bail, but will be allowed to attend a mosque once a week for prayer services with other Muslims.
The terms also mandate he stay at his family home with his wife and three children, whom Judge Kane cited as being one of the reasons Muhtorov should be released pending his trial. His wife attended Monday’s court hearing; the two smiled at one another in court.
But the Justice Department filed a notice of appeal Monday as well with the 10th Circuit Court of Appeals saying they will appeal Kane’s Friday ruling to let him out on bail, which was granted later Monday.
It's unclear if the appeal will be heard before Thursday's release date, however.
Both sides tentatively agreed at Monday's hearing that Muhtorov's trial would be reset for next March, after Jameav's trial is completed. It had originally been set for July 31.