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Yahoo! My Yahoo! Mail Yahoo! Search Search: Sign InNew User? Sign Up News Home - Help Navigation Primary Navigation Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Secondary Navigation Africa Europe Latin America Middle East North America Search Search: US weighing where to charge captured Somali pirate By MATT APUZZO,Associated Press Writer AP - Monday, April 13 WASHINGTON - The Justice Department was considering whether to prosecute a Somali pirate in Washington or New York, U.S. officials said following the rescue of a U.S. hostage and the apprehension of his only surviving captor. ADVERTISEMENT The decision will determine where the pirate will be flown in what is shaping up as the first U.S. piracy case in recent memory. Three pirates were killed Sunday in a military operation that rescued Capt. Richard Phillips, who had been held hostage aboard a lifeboat for days. A fourth pirate was in discussions with naval authorities about Phillips' fate when the rescue took place. Both piracy and hostage-taking carry life sentences under U.S. law. Two U.S. officials, speaking on condition of anonymity because they were not authorized to discuss the case, said the Justice Department is considering whether to leave the case in the hands of federal prosecutors in Washington or New York. "He's in military custody right now," FBI spokesman John Miller said. "That will change as this becomes more of a criminal issue than a military issue." Navy Vice Admiral Bill Gortney, commander of U.S. Naval Forces Central Command, said the disposition of the captured pirate had yet to be determined. "We have multiple avenues," Gortney said at a Pentagon news conference conducted by telephone. "We could possibly bring him back here to the United States and try him since this was an American flag vessel." He said prosecutors were also considering taking the pirate to Kenya, where the military has an agreement under which captured pirates will be tried. But that agreement has never been used following an attack on a U.S. ship. Washington federal courts normally handle cases involving crimes committed against U.S. citizens abroad. But the FBI office in New York takes the lead when crimes are committed against U.S. citizens in Africa. Both Miller and Justice Department spokesman Dean Boyd said no decisions have been made regarding charges against the surviving pirate. "The Justice Department will be reviewing the evidence and other issues to determine whether to seek prosecution in the United States," Boyd said. Attorney General Eric Holder will have the final say about where the pirate will be charged. Holder said last week that the U.S. hasn't seen a case of piracy against an American ship in hundreds of years. U.S. prosecutors do have jurisdiction to bring charges when a crime is committed against a U.S. citizen or on a U.S. ship. Phillips was taken hostage after his cargo ship was attacked by pirates. The crew thwarted the hijacking but the pirates fled with Phillips into a lifeboat. Officials said the pirate surrendered to U.S. forces. Details of the surrender were not immediately clear but, under international law, the Navy has the right to hold pirates captured at sea and does not need to negotiate extradition with another country. The U.S. does not have an extradition treaty with Somalia. The U.S. is treating the matter as a criminal case because officials have found no direct ties between East African pirates and terror groups. Because the U.S. is not at war with Somalia, piracy cases are governed by U.S. and international law. The FBI investigates crimes committed on the high seas but piracy cases are unusual. Assaults on cruise ships are the most common offenses investigated at sea. "If there were ever a U.S. victim of one of these attacks or a U.S. shipping line that were a victim, our Justice Department has said that it would favorably consider prosecuting such apprehended pirates," Stephen Mull, the acting undersecretary of state for international security and arms control, told Congress last month. ___ Associated Press writer Lara Jakes contributed to this report. Email Story IM Story Printable View Blog This Recommend this article 0 users recommend Sign in to recommend this article » Most Recommended Stories » Related Articles: World Russia's Lukoil to send team to Iraq for talksAFP - 1 hour 11 minutes ago Kidnapped US captain freed; snipers kill 3 piratesAP - 1 hour 12 minutes ago Remains of 5 killed in Iraq arrive in DoverAP - 1 hour 22 minutes ago Afghan villagers say air strike kills civiliansReuters - 1 hour 26 minutes ago US soldier faces court-martial in Iraq killingsAP - 1 hour 37 minutes ago Most Popular – World Viewed Mummies found in ancient Egypt burial chamber Harry Potter actor arrested over cannabis find Pirate hostage siege, Italian tug grabbed Bad mood, better recall, researchers find Swedish church unveils Lego Jesus statue for Easter View Complete List » Search: Home Singapore Asia Pacific World Business Entertainment Sports Technology Top Stories Most Popular Copyright © 2009 Yahoo! Southeast Asia Pte Ltd. (Co. Reg. 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