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July 6, 2009

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Recordings show doubt among NJ plot defendants

Thu, Dec 4, 2008 (5:33 p.m.)

Some of the five men accused of planning to kill soldiers on New Jersey's Fort Dix told an FBI informant that they lacked the bravery to mount an attack, the informant testified Thursday.

Defense attorneys for the men used secret recordings made by informant Besniak Bakalli to try to convince jurors that their clients were never seriously planning to attack the military installation.

A day earlier, prosecutors used recordings made by Bakalli to try to show jurors that the foreign-born Muslim men were resolute in their desire for jihad, or holy war, against Americans.

Bakalli has told jurors that some of the defendants talked about killing U.S. soldiers and at one point said they wanted to do so in the United States.

But on Thursday, defendant Dritan Duka was heard on a recording telling Bakalli that he would never do a suicide attack. He and his brother, Shain Duka, also talked about not having the nerve to kill soldiers in the United States or abroad.

Defense lawyers said Bakalli tried to goad the others to talk tougher when they made such statements.

On one transcript defense lawyer Rocco Cipparone showed jurors, Bakalli says, "If you guarantee me I go in heaven, I do it."

Then he asks, "Will you guarantee me that?"

Shain Duka replies, "No."

Bakalli testified matter-of-factly for the government for most of three days before cross-examination began Wednesday afternoon. But he was visibly frustrated at times when defense lawyers asked him yes-or-no questions then did not let him explain his answers.

The five men on trial _ Mohamad Shnewer, Serdar Tatar and brothers Dritan, Eljvir and Shain Duka _ were arrested in May 2007. Though no attack was carried out, they face charges including attempted murder and conspiracy to kill military personnel. The men face life in prison if convicted.

Bakalli is to return to the witness stand when the trial resumes Monday. Prosecutors say they have just two more witnesses after him. Then, defense lawyers can call witnesses.

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