"Never a Moment's Peace": 25 Years After 9/11, Trial of Alleged Mastermind Still Not Held, Families of Victims Still Grieving

The September 11, 2001 terrorist attacks were described by the U.S. government as "the most heinous crime ever committed on American soil." Yet, a quarter of a century later, the trial of the man accused of orchestrating the attacks has still not begun, and victims' families fear that time for justice is running out.

Tom Resta's brother John and his seven-months-pregnant wife Sylvia were among the nearly 3,000 people who died in the 9/11 attacks. On that day, hijacked commercial airliners crashed into New York City's World Trade Center and the Pentagon in Virginia; another plane, after passengers fought back, crashed into a field in Pennsylvania.

Just days before the attacks, the couple had been preparing a nursery for their unborn child, painting characters from the children's TV show "Blue's Clues" on the walls. They had long dreamed of having a child and deeply cherished the children of friends and family.

On the day of the attack, the couple, both stock traders, were working on the 92nd floor of the North Tower of the World Trade Center.

"Even after all these years, I still choke up when I talk about it," Resta said in tears during a BBC interview. For him, the memory of 9/11 remains "almost constantly" in his mind, even 25 years later.

Tom Resta has traveled to the Guantanamo Bay Naval Base four times to attend the complex pre-trial hearings of Khalid Sheikh Mohammed (KSM), the man accused of masterminding the 9/11 attacks, and his co-defendants. He describes the process as "tedious and drawn-out."

In the aftermath of 9/11, the U.S. launched its "War on Terror" and established a military prison at the naval base in southeastern Cuba. Mohammed has been held there for 20 years but has yet to be convicted.

Victims' families must go through a lottery system to gain access to the heavily guarded courtroom. Inside, thick glass separates the families and journalists from the defendants.

The pre-trial proceedings have been so prolonged that five different military judges have presided over the case.

Last month, as the 25th anniversary approached, the case saw a series of developments—some even calling it a breakthrough. The trial date for Mohammed has now been set for June 2028.

However, Resta is bracing for further delays. With so much time having passed, some of his relatives worry they may not live to see the trial begin.

"My dad turns 98 in November. I don't think he expects to see the trial. Many of my family members—my aunts, uncles—hope to see this trial happen. But especially my parents, I don't think they believe they'll live long enough," he said.

"I hope that when the trial finally starts, all the defendants are still alive. That's a major concern for us."

Other 9/11 victims' families share similar fears.

Earlier this year, Stephan Gerhardt made his sixth trip to Guantanamo. For him, seeing the man who killed his brother Ralph convicted is crucial—but so is being able to move on.

"I want to focus on memories," he said.

"I still have Ralph's car. I'm trying to restore it to the best condition possible... Recently, when we visited our parents, we found some things they'd been keeping for Ralph all these years. It's hard to describe the feeling—you think, 'Yes, it's just some old stuff, but it belonged to my brother.'"

Gerhardt's "biggest concern" is seeing Mohammed and the alleged co-conspirators convicted before they die.

"They're all getting older... I don't want them to die without being convicted, because that would be unjust to all the victims' families—we caught them, but we never tried them, never convicted them for the mass murder of our loved ones."

Mohammed is charged with conspiracy and murder, with the indictment listing 2,976 victims. He is accused of devising the plan to use trained pilots to crash commercial planes into buildings and presenting it to al-Qaeda leader Osama bin Laden.

He has previously claimed he planned the entire 9/11 operation "from beginning to end."

Yet, just days after the trial date was set for 2028, a military judge ruled that Mohammed's confessions to FBI agents at Guantanamo Bay could not be used as evidence.

Mohammed had previously been held in multiple secret CIA prisons, known as "black sites," for years. The judge described the CIA's treatment of Mohammed as involving "extreme physical and psychological abuse."

The judge ruled that Mohammed's confessions were not voluntary and therefore inadmissible in court.

Experts say the torture endured by Mohammed and his alleged co-conspirators is the primary reason the case has been repeatedly delayed for years.

Professor Kasey McCall-Smith of the University of Edinburgh's School of Law said, "Almost every dispute ultimately revolves around the torture issue."

She noted that the defendants were subjected to "years of abuse," including waterboarding and stress positions.

John Ryan, author of "America's Trial: Torture and the 9/11 Case on Guantanamo Bay," said last month's ruling means prosecutors have lost what they considered their "strongest evidence" against Mohammed—but it's unclear how much this will impact the case.

Ryan said prosecutors still have other evidence, including intercepted phone calls and secret recordings, but there's no guarantee these will be admissible. "Mohammed and the other defendants' defense teams will file motions to exclude these categories of evidence."

During the George W. Bush administration, the U.S. admitted using "enhanced interrogation techniques" to extract intelligence from suspects. The government claimed these methods saved lives and did not constitute torture.

President Barack Obama banned the use of such techniques on his second day in office.

Victims' families say the torture of the defendants has continually obstructed their access to justice.

Gerhardt said, "If we hadn't tortured them in the first place, the legal issues here would be much simpler—much, much simpler. They probably would have been executed by now."

"I can't control what the government did back then. We just have to live with the consequences."

In early 2025, both Gerhardt and Resta traveled to Guantanamo. At the time, Mohammed and two other co-defendants were set to enter into a controversial plea agreement with U.S. prosecutors, which would have spared them a trial that could result in the death penalty.

The BBC was also at the Guantanamo base and witnessed the plea deal being halted at the last minute.

The U.S. government argued that depriving the public and the victims of a public trial to determine the defendants' guilt and eligibility for the death penalty would cause "irreparable harm."

The legal validity of the plea agreement remains disputed to this day.

Some victims' families believe the agreement is the only viable path forward, while others criticize it as too lenient and lacking transparency.

Resta supports the agreement, saying his priority is ensuring the defendants are ultimately convicted.

"My view is that these people shouldn't be free on the streets, but for me, it's fine if they stay where they are now. I just want to see them convicted."

Brett Eagleson, whose father Bruce died in 9/11, wants a full trial instead of a plea deal.

"I don't particularly care whether these prisoners live or die in the end, but I believe in the justice system and that this process works. I believe truth emerges through trial, evidence disclosure, and a degree of public scrutiny."

Eagleson describes the situation at Guantanamo as "a mess" and has decided not to attend any further pre-trial hearings.

"Overall, I feel betrayed by the U.S. government and deeply frustrated. They've messed up every aspect of this trial."

Twenty-five years after 9/11, Eagleson says the event remains ever-present in his life.