Washington ( CNN ) -- Two videos and an audiotape of a terrorism interrogation that were found by the CIA in 2007 show September 11 suspect Ramzi Bin al-Shibh , a knowledgeable U.S. source told CNN on Tuesday . On the tapes , Bin al-Shibh is seen sitting at a desk answering questions , according to the source , who said the tapes do not show any use of `` enhanced interrogation '' techniques such as waterboarding . The tapes were recorded in Morocco and found under a desk at the CIA Counterterrorism Center in Langley , Virginia , in 2007 , according to the U.S. source . An October 2007 letter from federal prosecutors to U.S. District Judge Leonie Brinkema confirmed the existence of the tapes . However , the letter did not reveal the identity of the person being interrogated . The Associated Press first reported that Bin al-Shibh was the subject in the tapes . Bin al-Shibh was captured in Pakistan in 2002 . The exact date of his interrogation on the video is unclear , but it is believed to have occurred within months of his capture . Bin al-Shibh 's lawyer , Thomas Durkin , said Tuesday that he was unaware until now that the tapes involved his client . `` I was rather dumbfounded to think that we had litigated as long as we had in Guantanamo without knowing there were tapes of Mr. Bin al-Shibh , '' Durkin told CNN . Such a lack of disclosure by prosecutors in a death penalty case is `` shocking , '' he said . Bin al-Shibh is one of five September 11 suspects , including Khalid Sheikh Mohammed , who originally were scheduled to be tried in New York in connection with the 2001 terror attacks on the United States . According to Durkin , the status of the case is unclear because the Justice Department and the Obama administration have yet to decide where the trial will occur , after protests arose over holding it in New York City . The U.S. source noted that Bin al-Shibh has been considered mentally unstable , and Durkin said the interrogation tapes would set a `` baseline '' for his client 's mental state at the time . CNN terrorism analyst Peter Bergen said Bin al-Shibh helped plan the September 11 attacks that destroyed the World Trade Center , damaged the Pentagon and killed almost 3,000 people . `` He applied for an American visa , '' Bergen said Monday . `` He wanted to be one of the hijackers . He was turned down . He 's a Yemeni . He then basically assumed a quite important role in coordinating all the acts of the hijackers . He was a liaison between the hijackers in the United States and Osama bin Laden in Afghanistan . '' The tapes are believed to be the only ones left that show a `` black site '' interrogation in a third country . The CIA announced in 2007 that other tapes showing enhanced interrogations of suspects Abu Zubaydah and Abd al-Rahim al-Nashiri were destroyed . CNN 's Dugald McConnell contributed to this story .
NEW : Source says terror suspect has been considered mentally unstable . Tapes found in 2007 show Ramzi Bin al-Shibh being questioned . Suspect 's lawyer says he did n't know the tapes existed . Bin al-Shibh is one of five 9/11 suspects facing trial .