|
Hidden evidence { June 12 2002 } Original Source Link: (May no longer be active)
http://www.washingtonpost.com/wp-dyn/articles/A37926-2002Jun12.htmlhttp://www.washingtonpost.com/wp-dyn/articles/A37926-2002Jun12.html
Moussaoui Denied Access to Some Data
Lawyers May See Information, Cannot Share
By Tom Jackman
Washington Post Staff Writer
Wednesday, June 12, 2002; 2:01 PM
A federal judge has denied Zacarias Moussaoui access to sensitive security information about airports and planes even though his court-appointed lawyers can see it – a ruling that indicates some of the defendant's potential difficulties in representing himself.
U.S. District Judge Leonie M. Brinkema granted a motion filed yesterday by federal prosecutors that said turning over materials on airport screening and airplane specifications "could have potentially catastrophic consequences for the protection of the traveling public."
Brinkema reviewed the materials and ruled that "certain of these documents contain information on security counter-measures which might assist a potential hijacker or terrorist in circumventing aviation security procedures."
Brinkema's order was signed and dated yesterday, but not made public until this morning.
The judge's ruling provides the first official indication to Moussaoui that if he is allowed to represent himself, he will face roadblocks he would not encounter if represented by lawyers. In April, Moussaoui declared his desire to fire his federal public defender and represent himself, and Brinkema has scheduled a hearing for Thursday on whether she will allow him to do that.
If the judge grants his request, he still would not have security clearance to see sensitive and secret material, while his lawyers do.
Moussaoui is charged with conspiring with Osama bin Laden and the 19 hijackers to carry out the Sept. 11 hijackings and crashes that killed more than 3,000 people. If convicted, Moussaoui, the only person in the United States charged in connection with the plot, faces the death penalty.
Assistant U.S. Attorney Robert A. Spencer said in court papers that prosecutors were prepared to hand over such documents as a Federal Aviation Administration security directive, screening procedures, a checkpoint operations guide, security camera video and photos from Dulles and Newark airports on Sept. 11 and technical plans for certain aircraft. But, he wrote, that Moussaoui should not be allowed to see them.
Already, Federal Public Defender Frank W. Dunham Jr. said today, "we've got a whole room full of this stuff."
But, he added, "I know of no way this man [Moussaoui] could truly represent himself without having access to this stuff."
Dunham noted that he has already filed a request for Moussaoui, now being held in the Alexandria city jail, to have access to sensitive material. "Don't give him a Faretta right [to represent himself] in name only," Dunham said. "Either give it to him and let him defend himself, or don't."
The judge's order allows the defense lawyers to see the "Sensitive Security Information," but prohibits them from disclosing it to Moussaoui in any way. If the defense plans to mention such material in any motions, Brinkema ordered the motions sealed, and if the defense wants to use any sensitive material at trial, they must give advance notice and file sealed briefs. She would hold a closed hearing without Moussaoui present.
Dunham said he was not surprised by the judge's ruling because of the national security implications. But the judge's decision on Moussaoui's representation becomes even more critical, Dunham noted. If she allows Moussaoui to represent himself and instructs the defense team to remain in the case as "stand-by counsel," a frequent choice by judges confronted with defendants determined to represent themselves, Dunham and his team will have access to reams of information that they cannot share with the man sitting next to them at the defense table.
© 2002 The Washington Post Company
|
|
