Pan Am Flight 103 bombing trial delayed after new evidence emerges

The criminal trial of a former Libyan intelligence official charged in the 1988 bombing of Pan Am Flight 103 was postponed by a federal judge Monday after defense attorneys said they received new evidence over the weekend from prosecutors.

Jury selection was set to begin Wednesday in Washington, D.C., in the trial of Abu Agila Mohammad Mas’ud Kheir Al-Marimi. It would have been the first U.S. trial stemming from the bombing that killed 270 people, most of them Americans.

U.S. District Judge Dabney Friedrich did not specify the nature of the novel evidence in his order.

Al-Marimi’s defense team said prosecutors handed them the evidence on Saturday, adding in their request to the judge that their “constitutional and ethical obligations require the defense to investigate this development.”

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This Dec. 12, 2022, image provided by the Alexandria Sheriff’s Office in Virginia shows Abu Agila Mohammad Mas’ud Kheir Al-Marimi, who is in custody at the Alexandria Adult Detention Center in Alexandria, Virginia. (Alexandria Sheriff’s Office via AP)

The judge granted Al-Marimi’s lawyers the delay and scheduled a status hearing on Sept. 1.

Al-Marimi is charged with making the bomb that downed the Pan Am flight, killing all 259 passengers and crew members. The plane came down over the small town of Lockerbie, Scotland, where it destroyed an entire city block and killed 11 people on the ground.

Citizens of 21 countries were among the victims, including 190 Americans and 43 people from the United Kingdom. Among those aboard were 35 Syracuse University students returning home from a semester abroad.

The bomb exploded less than 40 minutes into the flight, which had departed from London Heathrow Airport and was headed to John F. Kennedy International Airport in New York City.

The wreckage of Pan Am Flight 103 after it crashed onto the town of Lockerbie in Scotland, on Dec. 21, 1988. (Bryn Colton/Getty Images)

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Kara Weipz, board president of the nonprofit Victims of Pan Am Flight 103, told The Associated Press that her organization has not received any details about what caused the delay in Al-Marimi’s trial.

Weipz’s brother, Richard Monetti, was one of the Syracuse students who died on the flight.

Weipz said the families of the victims had already been packing to head to Washington for the trial.

“At the same time, for almost 38 years we’ve been seeking the truth of what happened,” Weipz said. “If that’s what this is, then that’s a good thing, and this delay is worth it… It’s important to hear all the facts.”

The Pan Am plane killed 11 people on the ground and destroyed an entire city block in Lockerbie. (Bryn Colton/Getty Images)

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Prosecutors say Al-Marimi carried out the bombing at the behest of Libyan dictator Muammar Qaddafi, who was ousted from power in 2011 and violently killed by rebels.

In 2000, two other Libyan agents were tried by a panel of Scottish judges on a U.S. military base in the Netherlands. One was convicted, while the other was acquitted.

For decades, the true identity of the bombmaker has been a mystery.

Al-Marimi, now in his mid-70s, faces two counts of destruction of an aircraft resulting in death. He could be sentenced to life in prison if convicted.

A courtroom sketch of Assistant U.S. Attorney Erik Kenerson, front left, watching as Whitney Minter, a public defender from the eastern division of Virginia, stands to represent Abu Agila Mohammad Mas’ud Kheir Al-Marimi during a Dec. 12, 2022, hearing in Washington, D.C. (Dana Verkouteren via AP)

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Prosecutors say Al-Marimi worked for Libya’s intelligence service from roughly 1973 until 2011, eventually attaining the rank of colonel.

Investigators allege he brought a suitcase containing a bomb to an airport in Malta and handed it off to co-conspirators for a flight to Frankfurt, Germany. The suitcase was then transferred to London, where it was loaded onto Flight 103.

The Associated Press contributed to this report.