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New Evidence in Daniel Pearl Murder May Be Useless in a Trial

A new report released by the Pearl Project, based on the group’s three-and-a-half-year investigation into the 2002 murder of Wall Street Journal reporter Daniel Pearl, alleges that Pakistani authorities used perjured testimony and made other legal errors during the murder trial.

It also claims to have found new forensic evidence that 9/11 mastermind Khalid Sheikh Mohammed committed the actual beheading of Pearl:

Mr. Pearl was kidnapped in Karachi, Pakistan, in January 2002, and a videotape of his murder was delivered to U.S. officials in Pakistan in February 2002.

FBI agents and CIA officials used a technique called “vein-matching” to compare the killer’s hands, as seen in the video, with a photograph of Mr. Mohammed’s hands.

But a legal expert with personal knowledge of the case tells me that there are several reasons why this discovery probably won’t add any legal weight to the U.S.’s prosecution of KSM.

One reason is that the vein-matching technology the group cited may not be admissible in court. “While it may have some merit in an academic study, it’s not a technology that has been subject to court scrutiny under the rules of evidence dealing with expert testimony. So I would doubt seriously whether it would be admissible in a U.S. court,” Charles “Cully” Stimson, a Senior Legal Fellow at the Heritage Foundation, told me.

Another reason is because there’s already a staggering amount of evidence that KSM committed the murder — so the Pearl Project’s linkage is a bit superfluous.

“It’s not a whodunit. And it hasn’t been a whodunit for some time,” said Stimson, who formerly served as an adviser to the Secretary of Defense on detainee issues.

In addition to the evidence that’s already been publicized — such as KSM’s confession — Stimson says that “there’s other evidence that will come to life that has been in the government for some time now that will further link him to that gruesome murder.”

“For those of us who have been involved in detaining operations with these high-value detainees, we’ve known for a long time that KSM was the throat-cutter.”

But that, of course, does not diminish the great work the Pearl Project has done in publicizing this case. After all, it’s certainly preferable to have too much evidence against vile killers like KSM rather than too little.

The Pearl Project’s full report can be found here.



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