Moussaoui's fate may hinge on next ruling
(AP)
Updated: 2006-03-17 15:24

Prosecutors and defense attorneys agree the fate of al-Qaida conspirator Zacarias Moussaoui could hinge on whether a federal judge sticks to her ruling that the government contaminated half its case by coaching witnesses and lying to the defense.

In this artist's rendering, U.S. District Judge Leonie Brinkema listens to testimony from attorney Carla Martin, regarding the coaching of witnesses, as Zacarius Moussaoui sits in federal court in Alexandria, Va., Tuesday, March 14, 2006. [AP]

Defense lawyers argued Thursday that U.S. District Judge Leonie Brinkema was fully justified in concluding that evidence about U.S. aviation security was tainted beyond repair by the misconduct of a federal lawyer and cannot be used in Moussaoui's sentencing trial.

Moussaoui's lawyers said there was no reason for her to agree to a request by prosecutors on Wednesday that she revoke her order or at least impose less severe penalties on the government.

Prosecutors have said it would be waste of time to proceed with the trial to determine whether Moussaoui is executed or imprisoned for life unless they are allowed to present some aviation evidence. If the trial ended, he would get the life sentence.

There was no indication when Brinkema would respond.

Brinkema has sent the jury home until Monday while she decides what to do.

Earlier this week, Brinkema found that Transportation Security Administration lawyer Carla J. Martin violated trial rules when she sent trial transcripts to seven aviation witnesses, coached them on how to deflect defense attacks and lied to defense lawyers to prevent them from interviewing witnesses they wanted to call.

Federal rules of evidence prohibit witnesses from hearing or reading trial testimony so they can't alter their testimony based on what they learn.

As a result, Brinkema decided Tuesday the government cannot present any testimony about aviation security steps it might have taken to counter the threat posed by Moussaoui and his al-Qaida co-conspirators, who were training to hijack aircraft and fly them into U.S. buildings. The plans culminated in the Sept. 11, 2001, attacks on New York's World Trade Center and the Pentagon.

Prosecutors say they need this testimony to make their case. They argue that if Moussaoui had revealed his al-Qaida membership and his terrorist plans when arrested in August 2001, the FBI could have identified some of the hijackers and aviation officials could have taken security steps to prevent at least one of the nearly 3,000 deaths on 9/11.

The defense argues the 5th Amendment gave Moussaoui the right not to incriminate himself. They say prosecutors must show that his lies prevented federal officials from taking steps they would have taken if he had exercised his constitutional right to remain silent under questioning.

The only person charged in this country in the Sept. 11 attacks, Moussaoui pleaded guilty in April to conspiring with al-Qaida. But he says he had nothing to do with 9/11 and was training for a possible later attack.

To obtain a death penalty, prosecutors must prove that Moussaoui's actions 锟斤拷 his lies, in this case 锟斤拷 led directly to at least one death on Sept. 11, 2001.

Prosecutors argue the federal aviation officials who dealt with Martin should be allowed to testify because six of the seven swore that her exhortations would not affect their testimony.

At the very least, prosecutors asked the judge to allow a new witness 锟斤拷 not exposed to Martin 锟斤拷 to testify in place of the barred witnesses.

But defense lawyers said a substitution would be unfair since federal law requires prosecutors to disclose all their witnesses three days before trial so the defense can prepare. Defense lawyers added that substitute witness would almost surely also be tainted 锟斤拷 not by Martin but by exposure to news accounts of trial testimony.

The defense also argued that the full extent of Martin's misconduct is not known. Martin, who has been placed on administrative leave by TSA, declined to testify at a special hearing Tuesday.

Martin's lawyer, Roscoe Howard, said Thursday she had been "viciously vilified by assertions from the prosecution" and is preparing a response he said "will show a very different, full picture of her intentions, her conduct and her tireless dedication to a fair trial."