Soldier faces
federal court

Naeem Williams will be tried
along with his wife, Delilah,
for his daughter's death

Army soldier Naeem Williams will be prosecuted jointly in federal court with his wife for the beating death of his 5-year-old daughter last month.

An Aug. 8 criminal complaint unsealed yesterday charged Williams, 25, with first-degree murder for causing the death of Talia Emoni Williams "as part of a pattern and practice of assault and torture against a child."

If convicted, Williams, stationed at Schofield Barracks, and his civilian wife, Delilah Williams, 21, face life imprisonment or death.

The Williamses are believed to be the first to be charged under a recently amended federal statute that makes it first-degree murder to kill a child "as part of a pattern or practice of assault or torture," U.S. Attorney Ed Kubo said.

Naeem Williams appeared in U.S. District Court yesterday, barely spoke and acknowledged he understood the charges against him. After he waived his right to a detention hearing, U.S. Magistrate Kevin Chang ordered Williams held without bail and set a preliminary hearing for Aug. 24.

He was removed Monday from the Pearl Harbor brig, where he has been held for the past three weeks, and transferred to the federal detention center.

The Army had charged Williams on July 27 with murder, conspiracy and other charges in his daughter's death on July 16. Army officials said he faced a maximum of life imprisonment if convicted.

But Kubo announced yesterday that after discussions with the Army, they decided to try both defendants before the same court.

"That way, one jury would hear all the evidence surrounding the death of this child and judge the guilt or innocence of both defendants together," Kubo said.

The U.S. Department of Justice has concurrent jurisdiction over any military service member charged with crimes that occur on a military installation or federal property, he said.

Kubo said the Army wanted to retain jurisdiction over Williams, but "in the end, their concerns were satisfied that they would still be able to serve the interests of the Army by being a member of the prosecution team."

Stefanie Gardin, spokeswoman for the 25th Infantry Division (Light) and U.S. Army Hawaii, said the Army "has fully cooperated with the U.S. attorney for Hawaii and the Department of Justice and will continue to support any requirements they may have."

After the investigation is complete, Kubo will decide whether to recommend to U.S. Attorney General Alberto Gonzales that the death penalty be sought in this case, Kubo said.

Outside the courthouse, attorney David Klein, appointed by the court Monday to represent Williams, said he is concerned that his client has now been charged with a capital offense.

"Living in Hawaii, where we don't have the death penalty, raises a concern with the federal government coming in and imposing their will upon us," Klein said.

Williams has admitted to beating his daughter at their Wheeler Army Airfield home with his fists or a belt almost every day since March to discipline her, including twice on the day she died because she had soiled herself.

The federal public defender's office has retained Judy Clarke, a nationally recognized attorney certified in death penalty cases, to assist in Delilah Williams' defense. Clarke represented Theodore Kaczynski, the Unabomber, and Susan Smith of South Carolina, who killed her two sons by strapping them in their car seats and rolling the car into a lake.