The prosecution said that Hesham Mohammed Asim kept in touch with Anwar and was convinced to kill foreigners after months of corresponding with Anwar via e-mail. According to the judge, Anwar incited him to kill foreigners, which in the end resulted in the killing of a French engineer on the 6th of October at OMV Oil Company where he was working as a guard.

The court charged Hesham Mohamed Asim, Anwar Al-Awlaki and his cousin Osman Al-Awlaki, with "forming an armed gang to commit criminal acts targeting foreign and security officers.

In addition, the prosecution indirectly accused Anwar Awlaqi of being an Al-Qaeda member; therefore, opening doors for trialing him as an Al-Qaeda suspect in later hearings.

This is the first time that the Yemeni government hints that Anwar is an Al Qaeda operative.

Osman Awlaki, Anwar's cousin, was also charged of incitement to kill foreigners.

When questioned by Judge Mohsen Alwan, the first defendant Hesham Mohammed Asim denied all charges against him and claimed he was tortured during interrogation. The judge adjourned the trial for one week.

After the incident, the French Foreign Ministry called French families living in Yemen to leave the country due to the deteriorating security situation.