Washington: The death penalty trial of a Mesa man who has admitted to a post-September 11, 2001 hate crime murder of Balbir Singh Sodhi, a gas station owner, will get underway during the second anniversary of the terrorist attacks.

A court delay also means the widow of Balbir Singh Sodhi may not be able to attend Frank Roque's death penalty trial because her visa extension will have expired.

Jury selection in the killing of Sodhi, 49, a Sikh gas station owner, was scheduled for July 22, but Judge Mark Aceto of Maricopa County Superior Court appointed Dr Jack Potts, a psychiatrist, to examine Roque and act as a court expert during the trial, the 'Arizona Republic' newspaper said.

Aceto said he is required to order the psychiatric exam because Roque's defence attorneys are using a defence of guilty but insane.

Prosecutor Vince Imbordino said he noticed the exam requirement while preparing for trial, but he also argued the exam is unnecessary because additional experts have examined Roque.

However, Aceto said, "because there is so much at stake here, we need to make sure it's done in a fair and proper manner."

Roque shot Sodhi, who was standing outside his Mesa gas station, five days after the September 11 attacks. Roque apparently mistook Sodhi, who was wearing a turban as required by his Sikh religion, for an Arab.

"We weren't expecting to delay the case for two years. That's a long time," said Harjit Singh Sodhi, the victim's brother. "The delays do not bring peace to us."

He said he it was very difficult to obtain the last visa extension, when he travelled to New Delhi, India, and met with the US Ambassador.

But the Maricopa County Attorney's Office has worked in the past to have Kaur's visa extended, Imbordino said, adding, "I think it should work out".

Guru Roop Kaur Khalsa of Phoenix's Guru Nak Dhara temple said she is worried about additional racial backlash incidents against Sikhs, who are often mistaken for Arabs, if the trial coincides with the terrorist attacks' anniversary.

Defence attorney Dan Patterson argues that Roque, 43, a machinist, is not a racist, but is schizophrenic and heard voices from God telling him to kill Arabs. He said Roque was not taking medicine to control his disease when he shot Sodhi.

If jurors find Roque was insane during the killing, he would be sentenced to the Arizona State Hospital and could be released when a review board determines he is no longer a threat to himself or others.

PTI