• E-mail
• Print
• Comment
• Font Size
• Digg
• del.icio.us
• Discuss article

EDITORIAL: Trial Sabotage: Lawyer's Contact With Witnesses May Weaken Case Against Moussaoui

Posted on: Thursday, 16 March 2006, 09:00 CST

By The Monitor, McAllen, Texas

Mar. 16--The discovery -- revealed by the prosecution, to its credit -- that a government lawyer sent e-mails of advice, along with portions of trial transcripts from the previous week, to witnesses scheduled to testify in the penalty phase of accused "20th hijacker" Zacarias Moussaoui could destroy the chance of having the death penalty imposed on Mr. Moussaoui.

What was she thinking?

Carla J. Martin, an experienced government lawyer who has worked for the Federal Aviation Administration and the Transportation Security Agency, has been attending the Moussaoui trial, apparently serving as a liaison with witnesses with aviation and security expertise. She violated an explicit court order by sending e-mails containing trial transcripts and advice on how to testify to seven scheduled witnesses, all current or former federal aviation employees.

In most criminal trials witnesses are not allowed to be in the courtroom or to see transcripts of testimony from other witnesses for fear the knowledge will taint their testimony or allow witnesses to coordinate a common version of the facts rather than each one testifying independently. In this case, U.S. District Judge Leonie M. Brinkema had issued a stern order. She said that, "In all my years on the bench I've never seen a more egregious violation of the court's rules on witnesses."

Richard Jenkins, who teaches law at Western State University College of Law in Fullerton, Calif., agreed that if the accounts in the media were accurate, Ms. Martin's behavior was "not only egregious but highly unethical."

All this is important to the government because Mr. Moussaoui is the only person charged in a U.S. court for the terrorist attacks of 9/11.

Mr. Moussaoui has pleaded guilty to six conspiracy counts, three of which could carry the death penalty. He has admitted to being part of al-Qaida and that Osama bin Laden personally blessed his twisted dream of flying an airplane into the Pentagon. He took flight lessons in Minnesota and was arrested, questioned about terrorist activities and held on immigration charges in August 2001. A search of his belongings after the 9/11 attacks found box cutters and protective body gear, like what the hijackers used, and a notebook with the German phone number of the paymaster for the plot.

To justify the death penalty the government must show that Mr. Moussaoui was responsible for people dying. It argues that by lying while he was incarcerated and sending interrogators on wild goose chases, he allowed the plot to go forward and is therefore culpable for the deaths that occurred. The defense has argued that he was a low-level "soldier" who didn't know much and that even if he had told what he knew it's doubtful that the government would have stymied the plot.

Her e-mails suggest that Carla Martin thought the prosecution had not made a strong-enough case to secure a death penalty verdict and she wanted to make sure future witnesses did a better job. Ironically, she might have torpedoed any chance for a death sentence.

Judge Brinkema ruled Tuesday that the government could still seek the death penalty but cannot use the witnesses tainted by Ms. Martin's tampering. The prosecution has said those witnesses, federal aviation officials who were to testify as to what security measures they would have taken had they known of an active plot, constituted half its case for the death penalty.

In terms of public safety all this might make little difference. If Mr. Moussaoui escapes the death penalty he will get life without possibility of parole. But Ms. Martin's action has besmirched the reputation of the government, harmed the judicial system and made a satisfactory outcome of this case less likely.

-----

Copyright (c) 2006, The Monitor, McAllen, Texas

Distributed by Knight Ridder/Tribune Business News.

For information on republishing this content, contact us at (800) 661-2511 (U.S.), (213) 237-4914 (worldwide), fax (213) 237-6515, or e-mail reprints@krtinfo.com.

Source: The Monitor (McAllen, Texas)

More News in this Category