ov't won't appeal decision to ban witness in NY

The U.S. government proclaimed Sunday it would prosecute the first Guantanamo Bay detainee to face a civilian trial devoid of its star witness because appealing a judge's ruling exclusive of him could cause significant delay and problem other witnesses and victims.

In addition, the government said in a letter to U.S. District Judge Lewis A. Kaplan, there was sufficient evidence without the star witness to criminal Ahmed Khalfan Ghailani of conspiring in 1998 to blow up two U.S. embassies in Africa, killing 224 people, including a dozen Americans.

The choice by the government not to plea clears the way for the trial to resume Tuesday, when opening statements are predictable to begin after a jury is chosen from a pool of about 65 possible jurors in Manhattan.

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