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Updated 08/03/2009 05:28 PM

Terror suspects to seek freedom in court Tuesday

By: Johnny Chappell

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RALEIGH – 39-year-old Daniel Boyd, his two sons and four other men arrested last week on terrorism charges in North Carolina are expected in federal court Tuesday morning.

Authorities accused Boyd of leading the group in planning a "violent jihad" overseas.

The seven men will ask a judge to set them free before their trial begins later this year.

Former federal prosecutor Kieran Shanahan will be among those watching in Raleigh. Shanahan said that even though the constitution gives everyone the right to plead their case for bond, terrorism-related charges carry a much greater weight.

"It's going to be very difficult for any of these individuals to get out on bond," Shanahan said. "Because of the nature of the charges, specifically the charge of terrorism, there is a presumption that the defendants are a danger to the community. Therefore, the burden will be on these defendants to prove that they are not a danger to the community."

Shanahan said he does not expect any big surprises in the courtroom.

"If there are surprises, it's if live witnesses actually get called," Shanahan said. "They may call friends. I'd be shocked if they called any of the defendants, but you might see a defendant get on the stand."

The hearing is set to start at 9:30 Tuesday morning in the Terry Sanford Federal Building. Judge William Webb may decide to deal with the suspects individually or as a group.

Friends, neighbors and even a former attorney of one of the suspects have expressed their support to free the group before trial. If they are detained, the suspects will have the right to appeal the ruling, but any chances of their freedom seem slim giving the severity of the charges.

"There's a suggestion that our neighbors are a part of a terrorist organization and are out to do evil in the world," said Shanahan. "And that's frightening."

If the men are detained, they'll likely be held in North Carolina until their arraignments in New Bern in October.