Mohamed Abdullah Warsame has been locked up in solitary confinement since December 8, 2003, when FBI agents showed up at his Minneapolis apartment. In the ensuing years, Warsame’s attorneys have repeatedly sought his release while awaiting trial on terrorism charges, but to no avail.

The latest hearing on the matter was held this afternoon before U.S. District Judge John Tunheim at the federal courthouse in Minneapolis. The prosecution and defense quickly summarized their arguments, and Judge Tunheim stated that he would take the matter under advisement. “I will say I am very concerned about the length of time that Mr. Warsame has been detained before trial,” he allowed.

The hearing appeared to be finished, but then Warsame suddenly stood up, verbally protesting his continued incarceration. Federal security guards quickly restrained the defendant, but Tunheim agreed to hear from Warsame if he returned to his seat.

“Sir, I’m suffering,” said the Canadian citizen and native of Somalia. “This is unfair, sir. I have been here [a] long time.”

Warsame then directed his wrath at the federal prosecutors pursuing the case. “There’s prosecutorial misconduct going on,” he charged. “They’re against me.”

Finally Warsame tried a direct emotional appeal. “I love this state,” he said. “I am a fan of the Twins and the Vikings.”

Judge Tunheim expressed sympathy with the defendant but said he needed time to consider the legal issues. He promised to handle the matter as quickly as possible. The defendant was then led out of the courtroom in handcuffs.

Warsame is charged with providing material support to al Qaeda and lying to the FBI. If convicted he faces up to 30 years in prison. The extraordinary delay in the trial has been caused by an appeal currently pending before the 8th Circuit Court of Appeals on whether statements Warsame made to FBI agents in 2003 can be used against him.

The motion for conditional release was filed in March. It’s the fifth such attempt to get Warsame out of prison while awaiting trial. The motion states that Warsame would agree to house arrest, electronic monitoring or any other conditions the government wishes to impose.

“This endless incarceration without conviction must end,” attorney David Thomas wrote in the motion. “It is already without precedent in United States history, and it should end now.”

Federal prosecutors have argued that Warsame must remain in custody because he is a flight risk and a threat to the public. In a brief filed last year they argued that terrorism cases are complicated and often entail significant delays.

“Lengthy periods of pretrial detention, while certainly unfortunate and regrettable, are often necessary,” wrote the prosecutors. “For example, Zaccarias Moussaoui was detained from August 2001 through his trial and sentencing in May 2006 — a period of fifty-seven months.”

The prosecution portrays Warsame as an unrepentant terrorist who abandoned his family to support the Taliban and al Qaeda in Afghanistan.

“In support of al Qaeda, Warsame endured the rigors of two training camps, was physically trained, and completed courses in weapons, martial arts, and tactics,” they allege in court documents. “Having risked his life on behalf of al Qaeda, Warsame retained his relationship with the terrorist group after returning home.”

But defense attorneys insist Warsame is simply a devoted Muslim who traveled to Afghanistan in 2000 seeking spiritual enlightenment. At the time of his arrest, Warsame was a student at Minneapolis Community and Technical College.

Following today’s hearing, Thomas huddled with members of Warsame’s family. “Is he alright?” one man asked the defense attorney. “No, he’s not alright,” Thomas responded.

Judge Tunheim did not specify exactly when he would rule on the matter. The case is scheduled for another hearing on May 20.