- The Washington Times - Tuesday, January 9, 2007

MILAN, Italy — A lawyer for a CIA agent accused in the 2003 kidnapping of an Egyptian cleric in Milan withdrew from the case shortly after a court opened hearings yesterday on whether to indict him and 25 other Americans.

Five Italian secret service officials also are facing indictment in the case that highlights the CIA’s purported extraordinary rendition program, in which terrorism suspects are transferred to third countries where critics say they may face torture.

Shortly after the proceedings began, the attorney for Robert Seldon Lady withdrew from the case, saying the former CIA station chief did not want to cooperate.

“Robert Seldon Lady says that this case should have had a political solution and not a judicial solution,” attorney Daria Pesce said. “The Italian government could have decided it was a state secret — remember, this was a terror suspect. It would have been possible if the Italian government had had the courage to reach an agreement with the U.S. government.”

Prosecutors say the operation was a breach of Italian sovereignty that compromised their own anti-terrorism efforts.

None of the defendants attended the closed session, which lasted about three hours and ended without a decision. The next hearing was scheduled for Jan. 29.

Mr. Lady was the only American who had hired a lawyer rather than have a court-appointed one. He was still in Italy when the case broke, and owns a home in Italy that was searched by police.

Miss Pesce, who met with Mr. Lady four or five times in the United States, mostly recently in September, said the court had already appointed a new lawyer for him.

All but one of the Americans have been identified by the prosecution as CIA agents, including former station chiefs in Rome and Milan, and the 26th as a U.S. Air Force officer stationed at the time at Aviano Air Base near Venice. The Italians include the former head of Italian military intelligence, Nicolo Pollari.

In Italy, defendants are not required to attend preliminary hearings, or even trials. Prosecutor Armando Spataro has asked Romano Prodi’s center-left government to seek the extradition of the American suspects, but there has been no response. The previous prime minister, conservative Silvio Berlusconi, who was a close ally of President Bush, refused.

Mr. Pollari’s defense lawyers said yesterday they intend in the next session to try to add both Mr. Prodi and Mr. Berlusconi to the witness stand, as well as their respective defense ministers.

Even if the request were made — a move bound to irritate U.S.-Italian relations — it was unlikely that the CIA agents would be turned over for trial abroad.

The CIA has refused to comment on the case.

Mr. Spataro has entered into evidence a handwritten letter by Osama Moustafa Hassan Nasr, describing his abduction from a Milan street on Feb. 17, 2003, and his journey, blindfolded and bound, to Egypt, where he said he had been left in an underground cell, repeatedly tortured and threatened with rape.

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