After a prosecutor completed his closing argument at the end of Negasi Zuberi’s federal trial on kidnapping charges, Zuberi’s defense lawyer stood to inform the judge that Zuberi now wished to testify.
Defense attorney Amy E. Potter argued Friday that case law allowed the judge to grant the request, even so late in the case and after both sides had rested. She cited a four-factor test to consider, including the character of the proposed testimony.
So U.S. District Judge Michael J. McShane asked Zuberi what he wanted to say on the witness stand.
Zuberi, 30, said he would testify about the two alleged victims “and what happened. My version of the story, who I am as a person and things like that.”
He has pleaded not guilty to two counts of kidnapping, one count of transportation for criminal sexual activity, two counts of being a felon in possession of guns and ammunition and two counts of being a felon with ammunition.
Zuberi is accused of abducting a 21-year-old woman from Seattle late on July 14, 2023, sexually assaulting her as he drove her 450 miles to his Klamath Falls rental home and locking her in a cinder block cell in the garage early the next morning. She testified that she punched out the mesh on a locked door of the cell, squeezed through an opening, escaped out the garage and flagged down a motorist for help.
Zuberi is also accused of kidnapping and sexually assaulting another 21-year-old woman two months earlier after meeting her outside a Klamath Falls bar and holding her against her will for up to 13 hours in his car in his garage.
Zuberi said he initially decided against testifying a day before, on Thursday, because his lawyers “persuaded me not to.”
“I would like to testify if you would please, allow me to,” he told McShane.
The government did not take a position on Zuberi’s request.
McShane took a five-minute break and then announced that he wouldn’t let Zuberi take the stand this late in the trial.
McShane had advised Zuberi on Thursday that he had a right to testify. At that time, Zuberi clearly said he didn’t wish to take the stand, the judge noted Friday.
“Mr. Zuberi has now changed his mind, but he’s changed his mind too late,” McShane said. “I think this is, in fact, a ploy to disrupt the case in some appellate manner.”
McShane said he has granted previous requests from Zuberi — for a change in lawyers and to be moved to the federal prison in Sheridan and then back to Jackson County Jail. As for testifying, Zuberi could have contacted the court about changing his mind on Thursday afternoon after the jury was sent home early or Friday before jury instructions and closing arguments began, McShane said.
Instead, Zuberi chose to listen to the government’s closing arguments and then announced he wanted to testify, McShane said.
The testimony would have a “disruptive effect” on the case, McShane ruled, requiring prosecutors to potentially call back witnesses to rebut Zuberi’s statements and issue a second closing argument.
“That’s just not the way we conduct trials,” McShane said. “There’s a reason why we have careful colloquies to make sure the waiver is being made intelligently, knowingly and voluntarily. I realize he’s had a change of heart. That decision has come too late.”
The four factors a judge must weigh — timeliness, disruptive effect, reasonableness and character of the proposed testimony — all weigh against allowing Zuberi to take the stand, McShane ruled.
— Maxine Bernstein covers federal court and criminal justice. Reach her at 503-221-8212, [email protected], follow her on X @maxoregonian, or on LinkedIn.
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