Judge Mohsen Alwan called on prosecutors to "forcibly arrest" Anwar al-Awlaqi and a relative, Othman al-Awlaqi, whom a Sanaa court has charged with "incitement to kill foreigners and members of security services."

Public prosecutor Ali al-Samet told the court the pair had failed to appear for a second time on Saturday before the court that specialises in terrorism cases.

Anwar al-Awlaki and Othman al-Awlaqi, along with Yemeni Hisham Mohammed Assem, are charged with "forming an armed gang to carry out criminal acts and to target foreigners and security forces on behalf of Al-Qaeda."

The prosecutor in Yemen says Assem and Anwar al-Awlaki corresponded for months and al-Awlaki repeatedly "encouraged" Assem to kill Spagnolo.

Assem alleges he was tortured after his arrest, but still claims al Awlaki has nothing to do with the murder. He says he killed Spagnolo over a bad debt.

The U.S. ordered the targeted killing of Anwar al Awlaki , who is believed to be hiding in a province of Shabwa, last April.

On the cargo bomb plot: Yemen denies al-Awlaki has any connection to it. AQAP has issued statements claiming responsibility for the plot, as well as for the September 3 plane crash in Dubai, which authorities there insist