Dressed in beige, with his hands and ankles bound by handcuffs and a smile on his face, the Boulder attack suspect appeared Thursday in federal court, where  next steps in what could be a drawn-out case were discussed following the death of a 82-year-old woman who suffered injuries from the Molotov cocktails used in the attack. 

Mohamed Soliman could face additional charges stemming from the woman’s death if the prosecution decides to file a motion for a superseding indictment, which is used to include different charges, new charges or add new defendants to the original indictment.

The Colorado Springs-area resident recently pleaded not guilty to the 12 federal hate crime charges on June 27 for his alleged involvement in the attack. He is accused of throwing Molotov cocktails at a group of people in Boulder on June 1 protesting for the release of Israeli hostages still held by Hamas. Prosecutors listed 29 victims in the attack, including 13 who were physically injured.

The prosecution, represented Thursday by Assistant U.S. Attorney Laura Cramer-Babyez, would need to file the indictment through the federal courthouse in Denver if they decide to add or change charges following the woman’s death. The prosecution did not indicate which direction it would take, only telling federal Judge John Kane they will coordinate with the defense if they file a motion. 

The room at the Alfred A. Arraj United States Courthouse was mostly silent as most of the 30-minute hearing was spent scheduling  future proceedings that are tentative because the indictment and other motions could push them back. 

Kane told Soliman he has the right to a jury trial or to enter a plea deal with the prosecution, emphasizing his presumption of innocence will remain throughout as the case unfolds.

If a trial were to happen, Kane said he expects it to take more than 15 days. He said he’d prefer it to be four days a week because the jury, which would likely be composed of people from across Colorado, will have to travel to Denver each court day. 

While the court set a tentative trial date for Sept. 2, Kane said this will likely change. 

“I can’t imagine this case will be trialed within 70 days, especially if there’s a superseding indictment,” Kane said.

If there’s an amended indictment, the court will go through scheduling all over again, making Kane question if Thursday’s hearing was essentially a “academic exercise.” Despite this, the prosecution wished to proceed.

Kane also brought up a potential conflict of interest, notifying the court that Cramer-Babycz had represented him once in a very limited, technical filing on a case many years ago when she worked for the large firm Perkins Coie. 

“I’m notifying counsel in an excess of caution,” Kane said. He encouraged attorneys to determine if they believed that conflict required his recusal. If so, this would also require proceedings to be rescheduled. 

A single federal hate crime charge carries a possible sentence of 10 years in prison and a $250,000 fine. In addition to the 12 federal charges, Soliman also faces 118 charges, including attempted first-degree murder, from the 20th Judicial District Attorney’s office in the related state case.

Soliman is expected to appear in court again on Tuesday for a preliminary hearing for his state charges.