3.14.2006
Judge Halts Moussaoui Trial (WashingtonPost.com)
Government Violation of Court May Rule Out Death Penalty
By Jerry Markon and Timothy Dwyer
Washington Post Staff Writer
Monday, March 13, 2006; 1:27 PM
A federal judge today halted the death penalty trial of Sept. 11 conspirator Zacarias Moussaoui and indicated she might throw out the death penalty entirely after prosecutors disclosed that a government attorney had violated the court's rules about discussing witness testimony.
U.S. District Judge Leonie M. Brinkema called it "the most egregious violation of the court's rules on witnesses'' she had seen "in all the years I've been on the bench."
Her comments came after prosecutors said a Transportation Security Administration attorney had discussed the testimony of about seven witnesses with them before they took the stand and also arranged for them to read a transcript of the government's opening statement in the case. Both actions were banned by the judge in a pre-trial order. Brinkema initially said the attorney worked for the Federal Aviation Administration but officials later clarified she works for TSA.
Defense attorneys immediately urged Brinkema to throw out the death penalty as a possible punishment for Moussaoui and sentence him to life in prison. Moussaoui pleaded guilty last April to conspiring with al Qaeda in the Sept. 11, 2001, terrorist attacks. He is the only person convicted in the United States on charges stemming from Sept. 11. Since last week, a jury has been hearing testimony about whether he should be sentenced to death.
"This is not going to be a fair trial anymore, your honor, because of what a lawyer did in an absolute abrogation of your rules,'' said defense lawyer Edward B. MacMahon Jr. "Showing transcripts to one of the key government witnesses was an obvious attempt to shape their testimony.''
(More ... Judge Halts Moussaoui Trial) ¶ 07:51
By Jerry Markon and Timothy Dwyer
Washington Post Staff Writer
Monday, March 13, 2006; 1:27 PM
A federal judge today halted the death penalty trial of Sept. 11 conspirator Zacarias Moussaoui and indicated she might throw out the death penalty entirely after prosecutors disclosed that a government attorney had violated the court's rules about discussing witness testimony.
U.S. District Judge Leonie M. Brinkema called it "the most egregious violation of the court's rules on witnesses'' she had seen "in all the years I've been on the bench."
Her comments came after prosecutors said a Transportation Security Administration attorney had discussed the testimony of about seven witnesses with them before they took the stand and also arranged for them to read a transcript of the government's opening statement in the case. Both actions were banned by the judge in a pre-trial order. Brinkema initially said the attorney worked for the Federal Aviation Administration but officials later clarified she works for TSA.
Defense attorneys immediately urged Brinkema to throw out the death penalty as a possible punishment for Moussaoui and sentence him to life in prison. Moussaoui pleaded guilty last April to conspiring with al Qaeda in the Sept. 11, 2001, terrorist attacks. He is the only person convicted in the United States on charges stemming from Sept. 11. Since last week, a jury has been hearing testimony about whether he should be sentenced to death.
"This is not going to be a fair trial anymore, your honor, because of what a lawyer did in an absolute abrogation of your rules,'' said defense lawyer Edward B. MacMahon Jr. "Showing transcripts to one of the key government witnesses was an obvious attempt to shape their testimony.''
(More ... Judge Halts Moussaoui Trial) ¶ 07:51
