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One count may be dropped in shoe bomb case

Richard Reid

BOSTON, Massachusetts (CNN) -- A federal judge appeared to be in favor Monday of dropping one of the nine charges against Richard Reid, the man accused of trying to ignite explosives in his shoes on a trans-Atlantic flight shortly before Christmas.

Responding to a motion by Reid's lawyers, Judge William Young took the question under advisement.

Young did tell prosecutors, however, it appeared to him that count nine -- "attempted wrecking of a mass transportation vehicle" -- was similar to count seven, which deals with the attempted destruction of an aircraft.

"Where are you going here?" Young asked prosecutors. "Elect one or the other. It's the same crime."

Reid's attorney, Owen Walker, argued the court should drop count nine because a plane does not qualify as a mass transportation vehicle.

EXTRA INFORMATION • Read the charges: U.S. vs. Reid (FindLaw) (PDF) • Motion to dismiss count nine (March 16) • Government's opposition (March 29) • Defendant's reply (April 16) • Patriot Act of 2001      LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

He said Congress meant buses or light rail trains when it passed the law, part of an antiterrorism package put together in the wake of the September 11 attacks.

But government prosecutors said lawmakers wanted a broad definition and a plane could certainly be counted as a mass transportation vehicle.

Reid, who appeared in court in shackles and wearing a beige jail uniform, did not speak during the 45-minute hearing.

According to authorities, Reid tried to ignite explosives in his shoes while on board American Airlines Flight 63 from Paris to Miami on December 22.

Flight attendants and passengers stopped him, wrestling him to the floor. The plane was escorted to Boston by F-16 fighter jets and Reid was taken into custody.

Reid pleaded not guilty on all counts. He could face up to five life sentences if convicted of all charges.

-- CNN Correspondent Jeanne Meserve contributed to this report.