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Bin Laden Driver Sentenced To 5 1/2 Years In Jail

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Bin Laden Driver Sentenced To 5 1/2 Years In Jail

GUANTANAMO BAY NAVAL BASE, Cuba (CBS News) ― A military jury gave Osama bin Laden's driver a stunningly lenient sentence on Thursday, making him eligible for release in just five months despite the prosecutors' request for a sentence tough enough to frighten terrorists around the globe.

Salim Hamdan's sentence of 5 1/2 years, including five years and a month already served at Guantanamo Bay, fell far short of the 30 years to life that prosecutors wanted. It now goes for mandatory review to a Pentagon official who can shorten the sentence but not extend it.

It remains unclear what will happen to Hamdan once his sentence is served, since the U.S. military has said it won't release anyone who still represents a threat. The judge, Navy Capt. Keith Allred, said Hamdan would likely be eligible for the same administrative review process as other prisoners.

Hamdan thanked the jurors for the sentence and repeated his apology for having served bin Laden.

"I would like to apologize one more time to all the members and I would like to thank you for what you have done for me," Hamdan told the panel of six U.S. military officers, hand-picked by the Pentagon for the first U.S. war crimes trial in a half century.

The military has not said where Hamdan will serve his sentence, but the commander of the detention center, Navy Rear Adm. David Thomas, said last week that convicted prisoners will be held apart from the general detainee population at the isolated U.S. military base in southeast Cuba.

"I hope the day comes that you return to your wife and daughters and your country, and you're able to be a provider, a father, and a husband in the best sense of all those terms," the judge told Hamdan.

Hamdan, dressed in a charcoal sports coat and white robe, responded: "God willing."

The jury convicted Hamdan, a Yemeni man with a fourth-grade education, of aiding terrorism by chauffeuring bin Laden around Afghanistan at the time of the 2001 attacks. But Hamdan said he merely had a "relationship of respect" with bin Laden, as would any other employee.

"It's true there are work opportunities in Yemen, but not at the level I needed after I got married and not to the level of ambitions that I had in my future," he said, reading in Arabic from a prepared statement.

Hamdan expressed regret over the "innocent people" who died, according to a Pentagon transcript. His apology couldn't be heard by reporters because the sound was turned off during part of the proceedings to protect classified information.

"I personally present my apologies to them if anything that I did has caused them pain," Hamdan said.

The five-man, one-woman jury found Hamdan guilty of aiding terrorism but acquitted him of conspiracy Wednesday at the first U.S. war crimes trial since World War II.

Allred told jurors they could impose any sentence from life in prison to no punishment. He instructed jurors to take into account the nearly seven years Hamdan has spent in confinement and that he is the sole supporter of his wife and two children.

Allred, who has described Hamdan as a "small player," previously ruled he should receive five years of credit for time served at Guantanamo Bay since the Pentagon decided to charge him.

Prosecutor John Murphy had urged the jury to make an example of Hamdan with a penalty of 30 years to life.

"You have found him guilty of offenses that have made our world extremely unsafe and dangerous," Murphy said. "The government asks you to deliver a sentence that will absolutely keep our society safe from him."

Defense attorneys had urged leniency, reminding jurors that Hamdan was not convicted of any role al Qaeda's attacks. A psychiatrist hired by the defense told jurors that Hamdan has the potential to be rehabilitated.

"It is important the world recognize that this is justice and not revenge," said Charles Swift, one of Hamdan's civilian attorneys.

Defense lawyers say Hamdan's rights were denied by an unfair process, hastily patched together after Supreme Court rulings that previous tribunal systems violated U.S. and international law.

"The problem is the law was specifically written after the fact to target Mr. Hamdan," Swift said.

Under the military commission, Hamdan did not have all the rights normally accorded either by U.S. civilian or military courts. The judge allowed secret testimony and hearsay evidence. Hamdan was not judged by a jury of his peers and he received no Miranda warning about his rights.

Hamdan's attorneys said interrogations at the center of the government's case were tainted by coercive tactics, including sleep deprivation and solitary confinement.

All that is in contrast to the courts-martial used to prosecute American troops in Iraq and Vietnam, which accorded defendants more rights.

But deputy White House spokesman Tony Fratto disputed allegations of injustice.

"We're pleased that Salim Hamdan received a fair trial," he said in a statement.

At the Pentagon, spokesman Bryan Whitman said Hamdan was "zealously represented by his defense team. The jury made their decision based on the law and the facts presented in court. We respect that decision."

Fratto said prosecutors will now press ahead with other war crimes trials. Prosecutors intend to try about 80 Guantanamo detainees, including 19 already charged.

"Although Hamdan's trial will be seen as a landmark case in the tribunals," said CBS News foreign affairs analyst Pamela Falk, "the next trial, that of Khalid Sheikh Mohammad - called the mastermind of the Sept. 11 attacks - will be the real bellwether, because it is a case that will raise the issue of harsh interrogations and because it is a death penalty case."

The military has not said where Hamdan would serve a sentence, but the commander of the detention center, Navy Rear Adm. David Thomas, said last week that convicted prisoners will be held apart from the general detainee population at the isolated U.S. military base in southeast Cuba.

(© 2009 CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed. The Associated Press contributed to this report.)

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