The episode at the war court alarmed death penalty lawyers, who argued that the judge had a duty to suspend the proceedings to protect the rights of the defendant.
For five days this spring, a defendant in the Sept. 11 terrorism case was unrepresented in court because his capital defense lawyer was out sick.
There had never been such an occurrence in the U.S. military case at Guantánamo Bay, Cuba, and it alarmed American death penalty lawyers. They argued that the judge had a duty to suspend the proceedings to protect the rights of the prisoner, who is accused of conspiring in the attacks.
To the defense lawyers, the episode underscored the inexperience of both the judge and the military justice system, which has not executed a prisoner since 1961. If the case is ever brought to trial and the men are sentenced to death, they said, the defendant’s week without a lawyer would be a reason to overturn the verdict or sentence.
The events unfolded at the military commission in the long-running case against four men accused of conspiring in the attacks that killed nearly 3,000 people on Sept. 11, 2001.
One of the defendants, Mustafa al-Hawsawi, was brought to court for the weeklong hearing in March, but his capital defense counsel, Walter Ruiz, had pneumonia and was unable to leave his hotel room on the base.
Other lawyers asked the judge, Lt. Col. Michael Schrama, to suspend the proceedings until Mr. Ruiz could return to court. But the judge pressed forward, saying the focus of the week was testimony against another defendant in the case. He said the lawyer could join the hearing later.