By J. Patrick Pepper
Press & Guide Newspapers
DEARBORN — The preliminary examination Friday for the man accused of making terrorist threats toward the Islamic Center of America was adjourned until next week.
Attorney Matthew Evans cited a lack of preparation in requesting the adjournment. Evans was thrust into the defender role just minutes before the request, after defendant Roger Stockham rejected his initial court-appointed attorney, Mark Haidar. The rescheduled exam is set for next Friday.
Stockham, a convert to Islam, said in court he wouldn't accept Haidar because — according to Stockham — Haidar is a Shi'ite Muslim who worships at the Islamic Center.
“I reject my appointed counsel. He is a Shi'ite and I am not. And he attends the mosque I am attempted of accusing (sic),” he said, before he was cut off by 19th District Judge Mark Somers.
Somers interjected, saying he wanted things to get off on the right foot and subsequently appointed Evans, who was already at the courthouse.
Haidar was not at the hearing. His stand-in, attorney Jeffrey Schwartz, said he was taken by surprise with the comments. He said Haidar is a Muslim, but was not sure if he was Shi'ite or if he worshipped at the Islamic Center.
“I don’t know what (Haidar) disclosed to him,” Schwartz said. “This kind of caught me by surprise, to be honest.”
Haidar could not immediately be reached for comment, but credible court sources said Stockham spoke fluent Arabic during their interview and quoted Qur’anic verses.
During the hearing, Schwartz said Haidar instructed him to request a mental competency exam based on his interview of Stockham and Stockham's history of mental illness.
Stockham has been in and out of correctional and mental institutions for the last three decades. In 2003, his most recent brush with the law. Stockham was sent to federal prison for saying he was going to kill President George W. Bush and making bomb threats at a Vermont Veterans Hospital. He was released in 2005. Despite the checkered past, his new attorney, Evans, was convinced Stockham is not mentally incompetent.
Before granting the adjournment, Somers cautioned that he didn’t want to come back in a week only to have a mental competency exam requested.
“I had an extensive conversation with Mr. Stockham and he fully understands what’s going on,” Evans reassured him. "He understands my role, he understands your role, he understands the prosecutor's role, and he understands the charges."
The man who tipped off police off and is the key witness in the case, Joe Nahhas, was on hand at the courthouse in the event the preliminary examination did take place. He was not bothered by the adjournment.
“I am here as required,” he said. “I will be here next Friday.”
Nahhas will need to be there if the case is going to be succesfully prosecuted. His testimony is the only difference between Stockham being charged with terrorist threats and simply having some illegal fireworks.
Stockham was in the bar Nahhas manages, J.S. Fields Pub & Grille in Detroit, on Jan. 24 and allegedly told Nahhas about his plans to "make history" with an explosion at a local mosque. J.S. Fields is about a half-mile east of the Islamic Center on Ford Road.
Stockham was arrested that evening in the mosque's parking lot carrying illegal fireworks. Police said Stockham drove to Michigan from his home in Imperial Beach, Calif., reportedly with a plan to set off the fireworks at the mosque, which connects to the Muslim American Youth Academy.
When he was arrested, Stockham was wearing a black ski mask and police discovered about a dozen M-80-style fireworks. He faces one count of threat of terrorism or false report and one count of explosive-possession of bombs with unlawful intent for possession of Class C fireworks. The charges are 20- and 15-year felonies, respectively.
Najar, the prosecutor, is confident the evidence will bear out the charges.
"Of course I'm confident," he said, to a pack of reporters after the hearing. "The detectives on this case from Dearborn — I've dealth with on many, many cases — they do an incredible job investigating cases. They put together the case in really good fashion. I have confidence in their investigation. I've read the investigation and for all those reasons I'm confident."