Tahawwur Hussain Rana, who is married and raised three children, is alleged to have provided a cover for the scout who checked out locations for the deadly rampage and acted as a messenger for the Pakistani terrorist group allegedly behind the 2008 attack.
The federal trial will pit childhood friends against each other. The government's star witness, David Coleman Headley, who met Rana when the two attended a Pakistani military school in their youth, pleaded guilty to scouting targets for the Mumbai assault and agreed to cooperate with authorities to avoid the death penalty.
Prosecutors have also charged six others, including five with ties to terrorist groups such as Pakistan-based Lashkar-e-Taiba. All of them are fugitives, leaving Rana the lone defendant to go trial in federal court for the bloody attack on India's largest city in which about 170 died, including six U.S. citizens, and hundreds of others were wounded.
"It's obviously important," James Kreindler, a New York attorney who represents Mumbai victims in a pending civil lawsuit against Pakistan and Lashkar, said of the criminal trial set to begin May 16 with jury selection. "Any person who loses a family member to an act of mass murder wants to see the guilty convicted and punished. From our point of view, this should only be the beginning."
Federal authorities also charged Rana and Headley in a plot — never carried out — to bomb a newspaper office in Copenhagen, Denmark. According to the charges, the plot followed calls by al-Qaida for attacks on Danish interests to avenge the publication of unflattering cartoons of the Prophet Muhammad, which had inflamed much of the Muslim world. An influential leader of the Islamic Struggle Movement, another terrorist group, is also charged in connection with the plot. He was in regular contact with al-Qaida, the indictment alleged.
The relationship between Rana — who denies all involvement — and Headley will be a central issue in a trial that will feature secretly recorded calls and emails, in addition to critical testimony from Headley about the plots.
While the government has cast Rana as key to Headley's efforts to scout targets in both Mumbai and Denmark, his attorneys have argued that their client was duped into helping an old friend.
Indeed, Rana, who has been married 21 years and is described by his attorneys as a respected entrepreneur, has no criminal background. In court, he displays a calm and engaged manner, greeting attorneys with a nod and smiling at the occasional light remark during the otherwise serious proceedings.
In contrast, Headley, the son of a Pakistani diplomat and an American socialite, has had a troubled and controversial past. He was convicted decades ago of smuggling heroin from Pakistan, then turned informant for the U.S. Drug Enforcement Administration. By 2002, he had trained at Lashkar camps in Pakistan, authorities have charged.
Prosecutors allege that more than two years before the Mumbai attack, Headley enlisted Rana's assistance after Headley had been assigned by Lashkar contacts to conduct surveillance for potential targets in India. Headley had changed his name from Daood Gilani so as not to draw attention in his travels overseas.
Rana, a former military doctor in Pakistan, had by now started several businesses in the Chicago area, including one on the busy Pakistani and Indian strip of Devon Avenue.
Rana is charged with letting Headley use his business — First World Immigration Services Inc. on Devon Avenue — as a cover when Headley traveled to India to scout for sites to attack. Headley made five separate trips, taking photographs and videos to help a team of gunmen who would carry out assaults on hotels, a Jewish center and other locations.
Rana also is accused of passing messages between Headley and a co-conspirator who was added to the indictment last month.
Ten assailants — all young — came ashore in Mumbai in November 2008 and went on a rampage that lasted three days.
A month or two later, Headley allegedly advised Rana of the plot to attack the Copenhagen newspaper, according to the charges. Again, he obtained Rana's approval to pose as a representative of Rana's business and supplied him with business cards, authorities charged.
During the planning, Headley gave Rana a copy of the video in which al-Qaida called for attacks in retaliation for the cartoons of Muhammad, the indictment alleged.
Headley scouted the Copenhagen office of the newspaper, Jyllands-Posten, but the plot never materialized.