| Witness coached by prosecution in moussaoui trial { March 13 2006 } Original Source Link: (May no longer be active) http://news.ft.com/cms/s/bda04402-b2ae-11da-ab3e-0000779e2340.htmlhttp://news.ft.com/cms/s/bda04402-b2ae-11da-ab3e-0000779e2340.html
Witness coaching disrupts Moussaoui trial By Demetri Sevastopulo in Washington Published: March 13 2006 16:31 | Last updated: March 13 2006 18:39
The sentencing trial of Zacarias Moussaoui, a self-confessed al-Qaeda operative, descended into chaos on Monday after it emerged that a government lawyer had jeopardised the government’s case for the death penalty by coaching witnesses.
US district judge Leonie Brinkema adjourned the trial of Mr Moussaoui – the only person who has been criminally charged in the US with involvement in the September 2001 attacks – until Wednesday, while she considers whether to rule out the death penalty.
During a special hearing on Tuesday, Judge Brinkema will hear from seven potential witnesses and the attorney who contacted them to help her decide whether to throw out the government’s case.
Mr Moussaoui was last year convicted of conspiring with the plotters of the 9/11 attacks. He had previously pleaded guilty to conspiring with al-Qaeda to fly hijacked aircraft into US buildings.
Over the weekend, government prosecutors told Judge Brinkema and the defence lawyers that that one of their lawyers from the Transportation Security Administration (TSA) had coached four Federal Aviation Authority (FAA) witnesses in advance of their testimony, breaking the rule set by Judge Brinkema that witnesses should not hear trial testimony in advance.
“In all the years I’ve been on the bench, I have never seen such an egregious violation of a rule on witnesses,” Judge Brinkema said on Monday, on the fifth day of the sentencing trial.
“This is the second significant error by the government affecting the constitutional rights of the defendant and the criminal justice system in this country in the context of a death case,” Judge Brinkema said.
After the revelation, Edward MacMahon, a lawyer representing Mr Moussaoui, said the trial would not be fair, and asked for the death penalty to be removed as an option, or that the FAA witnesses be prevented from testifying.
David Novak, a government prosecutor, admitted that the TSA lawyer’s actions were “horrendously wrong” but he argued that preventing their testimony would “exclude half the government’s case”.
Mr MacMahon said the FAA lawyer had warned the FAA witnesses to be very careful in discussing the previous admission by the Federal Bureau of Investigation that they were aware before the 9/11 attacks that al-Qaeda operatives in the Philippines were planning to fly an aircraft into the CIA headquarters in Virginia.
Prosecutors say the US could have foiled the September 2001 attacks if Mr Moussaoui had confessed his intention to fly an aircraft into a US building.
Additional reporting by agencies
|
|