Attorney: Grand Jury Delayed in Bomb Plot Case

The lawyer for a Manahattan man accused of assembling a homemade bomb said she and prosecutors have agreed to delay having a grand jury weigh in on the case.

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. WNYC has learned that the Manhattan DA's office will likely agree to the delay.

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 - if they feel that more investigation, a fuller presentation to the grand jury, or discussions with prosecutors could benefit their clients.

Pimentel is charged with bomb making with the intent of blowing up targets ranging from police cars to post offices. He remains behind bars without bail on charges including weapons possession and conspiracy as terror crimes.

Pimentel's is being charged under a New York state anti-terrorism law passed during Governor Pataki's tenure and it is only the second time the law has been applied.

In a break with past tradition the FBI declined to participate in the Pimental case. A Federal law enforcement source told WNYC the agency had concerns over the possibility the case was overly reliant on a confidential informant whose interaction with the suspect might be seen as entrapment.

The FBI made a similar determination earlier this year when DA Vance brought a state terror case against two men from Queens.

With reporting by Bob Hennelly