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Judge Leonie Brinkema deals blow in Moussaoui?s trial
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Judge Leonie Brinkema deals blow in Moussaoui?s trial
In a sharp blow to the US government?s only case connected to the September 11 hijackings, a federal judge on Tuesday said sentencing for Zacarias Moussaoui could go ahead but without critical aviation-related testimony and evidence.
US District Judge Leonie Brinkema had considered throwing out the death penalty case after discovering that a government lawyer had improperly shared information with witnesses.
After a day-long hearing, she decided to resume the trial that will determine if Moussaoui, who has pleaded guilty to conspiracy in connection with the hijacked airliner attacks, will be executed.
But Brinkema said the Federal Aviation Administration and Transportation Security Administration witnesses who had been contacted by government lawyer Carla Martin would not be able to testify and evidence from them would not be allowed.
?I am removing from this case any and all witnesses and evidence dealing with the aviation component,? Brinkema said.
?What we have in this case ... is that six witnesses ? two for the government and four potential defense witnesses, were tainted,? she said.
Aviation-related testimony was expected to deal with how much information the FAA had about possible threats to airlines and also discuss pre-September 11 security measures. The prosecution had argued the witnesses were vital, with the aviation portion of the government?s argument representing about half of the evidence of Moussaoui?s guilt.
The government is trying 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 through increased security measures on airplanes.
Brinkema?s ruling was greeted with dismay by relatives of people who died on September 11.
?I felt like my heart had been ripped out. I felt like my husband had been killed again,? said Rosemary Dillard, whose husband Eddie was killed when a plane smashed into the Pentagon. ?I felt like the government has let me down once again.?
Martin, a veteran attorney, e-mailed transcripts of the trial and tried to coach potential witnesses on how to respond to questions. She also told prosecutors that four of the potential witnesses who could be called by the defense had refused to talk to defense attorneys, even though the witnesses said that was not true.
?I don?t think in the annals of criminal law there has ever been a case with this many significant problems,? Brinkema said.
Defense attorneys had asked the judge to dismiss the death penalty option for Moussaoui since Martin violated Brinkema?s earlier court order prohibiting the sharing of testimony with prospective witnesses.
?This is Mr. Moussaoui?s trial and it?s one that needs to be fair from a constitutional standpoint, and it just flat out isn?t,? defense attorney Edward MacMahon said.
Brinkema questioned the six aviation witnesses to see if they were improperly coached. All said they had received e-mails, but did not plan to change their testimony as a result.
Martin appeared briefly in court but did not testify because she did not have a lawyer to represent her. ?I was unable to get counsel at all,? Martin said. ?This is an adversarial proceeding, but I am not represented.?
Brinkema advised Martin of her Miranda rights, which are read to crime suspects arrested in the United States, and warned her she might be held in civil or criminal contempt.
After a conference with lawyers from each side, Brinkema approved a postponement of the trial until Monday to give prosecutors time to consider whether to appeal Brinkema?s decision, the court said in a statement.
<B>Deborah CHARLES</B>
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