Attorney: Grand jury delayed in NYC bomb plot case

NEW YORK - December 4, 2011

Jose Pimentel had been scheduled to learn Monday whether he had been indicted, but defense lawyer Lori Cohen said a legal deadline would be waived for about a month.

"Both parties agree that this is not the case to rush into the grand jury on," she said in an email. The Manhattan district attorney's office declined to comment.

In the meantime, Pimentel will remain behind bars without bail on charges including weapons possession and conspiracy as terror crimes. The Dominican-born al-Qaida sympathizer maintained a website detailing his belief in jihad, or holy war, told an informant he wanted to build small bombs and use them against targets that also included soldiers returning home from abroad, and was arrested in the midst of making a pipe bomb, authorities said. It's unclear whether Pimentel now will have to appear for a court date Monday.

State law limits how long someone charged with a felony can be held without an indictment or hearing, but it's not uncommon for defense lawyers to agree to extend the timeframe - up to 144 hours - if they feel that more investigation, a fuller presentation to the grand jury or discussions with prosecutors could benefit their clients.

Cohen said she was continuing to gather information about the case, which is one of few brought under a state terrorism law, instead of federal laws. She already had agreed to extend the deadline last month.

Pimentel's previous lawyer had said the 27-year-old wasn't a true threat, noting that he made his extremist views public, rather than allegedly operating a secret terrorist cell.

But police and prosecutors say Pimentel was clearly dangerous. Pimentel, also known as Muhammad Yusuf, told police he was about an hour from finishing his bomb, work that was secretly recorded on audio and videotape in the informant's apartment, authorities said.

Two law enforcement officials have said the FBI, which is usually involved in terrorism cases, passed on this one because agents felt Pimentel didn't have the inclination or ability to act without the informant's involvement. The officials spoke on condition of anonymity because they weren't authorized to discuss the case.

New York Police Department Commissioner Raymond Kelly has said the NYPD kept federal authorities in the loop all along before circumstances forced investigators to take swift action using state charges.

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