"What's been filed has shown, quite frankly, an utter lack of evidence of Mr. Khattala's involvement in the incident in Benghazi," said Michelle Peterson, an assistant federal public defender. "We are left to glean from press reports what the government's evidence is."
Abu Khattala appeared in court wearing a green prison jumpsuit and with a long, graying beard. He listened to the proceedings through headphones as an interpreter translated the conversation into Arabic. Peterson requested that while in jail he be served a halal diet and be provided a copy of the Quran.
The court appearance was the second in four days for Abu Khattala, who was captured more than two weeks ago by U.S. special forces and then transported to the United States aboard a Navy boat where federal agents interrogated him. He has pleaded not guilty to a charge of conspiring to provide support to terrorists, a crime punishable by up to life in prison, but the Justice Department has said it expects to bring additional charges soon that could reveal more information about the case.
Prosecutors disclosed some additional details of their case against Abu Khattala as the Libyan, believed to be about 43 years old, remains held without bond.
They alleged in a court filing that he was motivated to participate in the attacks by an extremist ideology and that, in the days leading up to the fiery assault, had spoken out against the presence of the American compound in Benghazi.
The government says Abu Khattala was a commander of Abu Obaida bin Jarrah Brigade, an extremist group that was absorbed into Ansar al-Sharia after the recent Libyan revolution. The State Department has designated Ansar al-Sharia as a foreign terrorist organization.
On the night of the attacks, the government says, about 20 militants — armed with Ak-47s and grenade launchers — breached the gate of the consulate compound and set buildings on fire. Once U.S. personnel evacuated the diplomatic mission, Khattala entered and "supervised the exploitation of material at the scene," prosecutors say.
The fire led to the deaths of Stevens and Information Management Officer Sean Patrick Smith. Other State Department personnel escaped to a nearby U.S. facility known as the annex.
Khattala then returned to a camp in Benghazi controlled by Ansar al-Sharia, where a large armed group began assembling for an attack on the annex, according to the court papers. The attack on that facility, including a precision mortar barrage, resulted in the deaths of security officers Tyrone Snowden Woods and Glen Anthony Doherty.
Assistant U.S. Attorney Michael DiLorenzo recited some of the basic allegations of the case, telling U.S. Magistrate Judge Deborah Robinson that there were no conditions under which Abu Khattala could be released that would ensure the safety of the community.
Associated Press writer Pete Yost contributed to this report.