(Recasts, adds comments, background) By Jane Sutton MIAMI, Feb 28 (Reuters) - Former "enemy combatant" Jose Padilla is mentally competent to stand trial on terrorism charges, a U.S. judge ruled on Wednesday without addressing allegations that the al Qaeda suspect was mistreated in military custody. The 36-year-old American citizen is scheduled to go to trial on April 16 on charges that he aided Islamist extremists and conspired with them to murder, kidnap and maim people overseas. His lawyers argued that 3-1/2 years of secret detention and interrogation by the U.S. military had left Padilla too mentally impaired to help his lawyers defend him in court. But U.S. District Court Judge Marcia Cooke said Padilla had paid attention during court hearings, had discussed some of the legal maneuvering with doctors who examined him and had been able to give his attorneys at least some information about his detention at a military brig. "This defendant clearly has the capacity to assist his attorneys," Cooke said. Padilla stared straight ahead and showed no emotion as he heard the ruling from Cooke, who had earlier described him as "polite to a fault." The judge did not address whether Padilla's detention or treatment during interrogation constituted "outrageous conduct" that would merit dismissal of the charges, as argued by his lawyers. "That discussion is for another day," she said. Defense attorneys said the former Chicago gang member and ex-con had not provided even a scrap of information they could use to prepare for trial. They said his time in the brig had left him so traumatized that he twitched, broke into a sweat and froze up whenever they questioned him."Because of that he is not going to be able to get a fair trial and we are not going to be able to competently represent him," said defense attorney Anthony Natale. Two doctors who examined Padilla for the defense found him mentally incompetent due to post-traumatic stress disorder, while a Bureau of Prisons doctor deemed him anti-social but fit for trial. Natale said the prison doctor's conclusion was based on information carefully selected by the government, which has fought to keep secret the details of Padilla's time in the brig. The judge noted Padilla had refused to cooperate fully with any of the doctors who examined him but told them enough about his case to make clear that "He knew what was going on." "The defendant's situation is unique. He understands this," Cooke said. Assistant U.S. Attorney John Shipley said Padilla refuses to co-operate with his lawyers because al Qaeda operatives are trained to conceal information and make false claims of abuse. "It's a volitional decision, it is a choice," Shipley said. Padilla has been in federal custody since May 2002, when he was arrested in Chicago upon his return from Egypt and Pakistan. President George W. Bush ordered him held in military custody and his administration accused Padilla of plotting to set off a radioactive bomb in the United States. Padilla was never charged with that and while a challenge to Bush's authority to hold him without charge was pending in the Supreme Court, Padilla was indicted in Florida and transferred to civilian custody last year.
