Americans Held in Tehran Get Court Date

Two American citizens who have spent 19 months in detention in Iran, accused of espionage and illegal entry, will appear in court for a third time in May, according to their lawyer.

Joshua F. Fattal and Shane M. Bauer, both 28, will attend a court session on May 11, their lawyer, Masoud Shafiee, said on Tuesday. On two previous occasions, judges have delayed a verdict in the case, citing the absence of a third American, Sarah E. Shourd, 32, who was released on bail last September for medical reasons and returned to the United States. The three were arrested near the border with Iraqi Kurdistan in June 2009.

While Ms. Shourd has been summoned in a letter from Iran's Foreign Ministry, it is unlikely that she will return to face trial in May. "When there are several accused persons, a judge cannot postpone the case just because one of them is not present. The judge must issue separate verdicts for Shane and Josh," Mr. Shafiee said in a telephone interview. "Sarah's verdict can be issued in absentia, or her case alone can be delayed."

Mr. Fattal and Mr. Bauer have been held in Tehran's notorious Evin prison for the past 19 months a period significantly longer than the one-year minimum sentence for the crimes they are accused of committing. Mr. Shafiee said that he had not been allowed to meet with his clients before their previous court appearances, despite assurances from the presiding judge that he would be able to.

All three Americans have denied that they knowingly entered Iranian territory or that they were involved in espionage.

The two previous hearings, in November 2010 and in February, were held behind closed doors. While Iranian law states that court sessions in such cases should be held publicly, judges are able to make exceptions in sensitive cases.

Ms. Shourd, in an interview in November, said that she, Mr. Bauer, her fiance, and their friend Mr. Fattal were hiking on an unmarked dirt road and inadvertently crossed into Iran when a guard gestured to them.

"He pointed to the ground and said Iran and pointed to the trail we had been on before he waved to us, then said Iraq, said Ms. Shourd, who lives in Oakland, Calif. "We did not actually enter Iran until he gestured to us. We were confused and worried and wanted to go back."

Iranian officials have in the past acknowledged that the border region with Iraqi Kurdistan lacks adequate markings.

NEW YORK TIMES