Pearl case gets change of judge

Saeed: The prime suspect in the case

KARACHI, Pakistan (CNN) -- Defense attorneys have won a petition to change the judge in the trial against Ahmed Omar Saeed Sheikh and three others accused in the kidnapping and killing of U.S. journalist Daniel Pearl.

Defense lawyers said the judge is a witness in the case because he was present during an earlier court hearing when Saeed admitted he orchestrated the plot against Pearl, saying he had met the Wall Street Journal reporter and as far as he knew Pearl was dead.

Saeed later recanted the statement.

Prosecution attorneys said they would agree to a change in judges as long as it didn't delay Monday's scheduled start of the trial. A new judge is expected to be assigned to the case later Friday.

Because Saeed's statement was not made under oath, it will most likely not be used against him during the trial.

Saeed is believed to have orchestrated the kidnapping and killing of Pearl, and is charged with kidnapping for ransom, murder and acts of terrorism. If convicted, he could face the death penalty.

The other suspects in police custody are Sheikh Adil, Salman Saquib, and Saquib's brother, Fahad Naseem.

According to the prosecution, the charges are based on evidence in a videotape and circumstantial evidence, including the testimony of a taxi cab driver who dropped Pearl off at a restaurant on January 23.

There, the driver says he saw Saeed meet the journalist.

Security is tight around the jail

On February 21, the U.S. State Department confirmed Pearl was killed, based on a videotape showing his body, which has not yet been found.

Previously, chief prosecutor Raja Qureshi has said "the entire case will hinge on circumstantial evidence and expert testimony."

The prosecution expects Pearl's widow, Mariane Pearl, to be called as a witness to testify in the trial.

U.S. officials have said they would like to extradite Saeed from Pakistan to stand trial in the United States, but Pakistani officials say the case must first run its course in their nation.

He has been indicted by a federal grand jury in New Jersey, charged with one count of hostage-taking resulting in Pearl's death and one count of conspiracy to commit hostage-taking resulting in Pearl's death