Hanaas Abdul Khaalis was ordered held yesterday for grand jury action in connection with incidents last month in which he allegedly led 11 other Hanafis Muslims in taking over three Washington structures and holding 126 persons hostage.
Judge H. Carl Moultrie I of D.C. Superior Court found "probable cause" to send the case to grand jury for possible indictment after a 25-minute hearing in which former D.C. Superior Court Judge Harry T. Alexander, Khaalis's defense counsel, made numerous objections and filed two motions.
Alexander asked Moultrie for an order suppressing any evidence obtained by police in negotiations with Khaalis that ended the three stages, which began March 9 and ended in the early hours of March 11 with the freeing of the hostages and the surrender of the 12 Hanafis.
He also moved for an order permitting him to be present during the grand jury's deliberations on whether to return indictments against Khaalis. One person was killed during the takeover at the District Building. Government prosecutors have said they would seek murder indictments against all the Hanafis as well as indictments charging armed kidnaping and other offenses.
Alexander told Moultrie he understood that present law does not permit defense counsel to be present in grand jury proceedings. He said he hoped to change that law and he would take the case to the U.S. Supreme Court if necessary.
Moultrie took both motions under advisement.
He declined a request by Alexander that he consider releasing Khaalis. Like the other Hanafis who allegedly took part in the takeovers, he is being held in D.C. Jail. Unlike the others, he is being held in a pretrial detention status on the ground that he may present a danger to the commity if released. The others are being held in lieu of money bonds ranging from $50,000 to $75,000.
As part of the negotiations ending the siege, city and federal officials agreed that Khaalis would be released without money bond pending grand jury action. Chief Judge Harold H. Greene of Superior Court ordered Khaalis jailed March 31 after prosecutors charged him with "threatening to do bodily harm" in telephone conversations subsequent to the agreement that were intercepted with court-authorized wiretaps.
Alexander said yesterday he would appeal Greene's order to the D.C. Court of Appeals.