US mulls ending quest for Moussaoui death penalty

By Deborah Charles

WASHINGTON (Reuters) – Prosecutors pondered on Wednesday
whether to abandon their quest for the death penalty in the
U.S. government’s only case connected to the September 11
hijackings, after a federal judge banned crucial testimony.

Shortly after U.S. District Judge Leonie Brinkema delivered
the sharp blow on Tuesday to the case against September 11
conspirator Zacarias Moussaoui, prosecutors asked for a trial
delay.

“We don’t know whether it is worth us proceeding at all,
candidly … and that’s why we need to assess it, because
without some relief, frankly I think that there’s no point for
us to go forward,” prosecutor Robert Spencer said in a
conference call on Tuesday evening with Brinkema and a defense
lawyer. The call was transcribed and released as part of the
court record.

Brinkema agreed to delay the trial until Monday.
Prosecutors were still discussing their options on Wednesday,
Justice Department officials said.

Spencer said the prosecutors were weighing whether they
could appeal to a higher court or ask Brinkema to reconsider
her opinion.

It was not clear if the government can appeal the case to
the U.S. Court of Appeals, since the trial has already begun.

“We don’t think the government has any appellate rights,”
defense attorney Edward MacMahon told Brinkema in the call.

Brinkema threw out aviation-related witnesses and evidence
– about half the government’s case — after the revelation
that a Transportation Security Administration lawyer, Carla
Martin, had violated a court order by improperly sharing trial
information and attempting to coach witnesses.

“I think this is an appropriate response by the court to
what were a series of egregious errors,” Brinkema said. “A
trial, particularly a death case, simply can’t go forward with
this many violations of standard, well-established principles
of law.”

Moussaoui, an admitted al Qaeda member who pleaded guilty
to conspiracy in connection with the September 11 attacks, is
on trial to determine if he will be executed. Otherwise he will
be sentenced to life in prison.

The defense had asked Brinkema to dismiss the death penalty
option for Moussaoui since Martin had tainted the witnesses.

Aviation-related testimony was expected to deal with how
much information the Federal Aviation Administration had about
possible threats to airlines and also discuss pre-September 11
security measures.

The prosecution had argued the witnesses were vital to
their effort to prove that if Moussaoui had not lied to the FBI
when he was arrested three weeks before September 11, the FAA
would been able to thwart the attacks.