Posted on 03/13/2006 10:30:42 AM PST by Wolfstar
ALEXANDRIA, Va. - An angry federal judge considered Monday whether to dismiss the government's death penalty case against confessed al-Qaida conspirator Zacarias Moussaoui after a federal attorney coached witnesses in violation of her rules.
"I do not want to act precipitously," U.S. District Judge Leonie Brinkema said in scheduling a special hearing on the case Tuesday, but she said that it was "very difficult for this case to go forward."
Brinkema said a lawyer for the Transportation Security Administration sent e-mail to seven Federal Aviation Administration officials outlining the prosecution's opening statements and providing commentary on government witnesses from the first day of testimony. That was in violation of her pretrial order barring witnesses from exposure to any opening statements or trial testimony.
"An attorney for the TSA ... egregiously breached that order," she told jurors before excusing them until Wednesday. Of the seven, three were to testify for the government and four were potential defense witnesses.
Government officials identified the attorney as Carla Martin.
Brinkema wanted to hear Tuesday from the seven and from the attorney who contacted them to help her decide whether to throw out the government's case. If she does, Moussaoui would escape the possibility of execution and be sentenced to life in prison without chance of parole.
She said the rule against witnesses hearing testimony in advance is "a very important protection of the truth-seeking process."
Moussaoui appeared bemused as the lawyers debated how to proceed. Leaving the courtroom, he said, "The show must go on."
The stunning development came at the opening of the fifth day of the trial after the government informed the judge and the defense over the weekend of the attorney's contact.
"This is the second significant error by the government affecting the constitutional rights of this defendant and more importantly the integrity of the criminal justice system of the United States in the context of a death case," Brinkema told lawyers outside the presence of the jury.
Defense attorney Edward MacMahon moved to have the judge dismiss the death penalty as a possible outcome, saying "this is not going to be a fair trial." In the alternative, he said, at least she should excuse the government's FAA witnesses from the case.
Prosecutor David Novak replied that removing the FAA witnesses would "exclude half the government's case." Novak suggested instead that the problem could be fixed by a vigorous cross-examination by the defense.
But Brinkema said she would need time to study what to do.
"In all the years I've been on the bench, I have never seen such an egregious violation of a rule on witnesses," she said.
For following the law? Truly a revolutionary concept.
Who else thinks this is a ruse to keep from having to face the outrage a death sentence might bring from the idiots who stand ready to bury us all but only lack the tools?
I have not weighed in on this yet, but I will now.
I thought from the outset that the death penalty should not have been in play here. Although conspiracy charges would bring it into play, this particular idiot had been cut out of the loop by Atta and it is obvious to all that he is not playing with a full deck here.
I don't particularly condone the death penalty in any case, to be clear, however the use of it in this case is not good jurist prudence, and is more a message.
I don't think this case makes a very good message conveyance, in any case. Life in prison sounds like the best result and something that can be easily justified.
You posted my thoughts and expressed them better than I believe I could have. The wrong people get punished here, if the death penalty is thrown out.
>>Defense attorney Edward MacMahon...<<
A minor point, I know.
Ed ... MacMahon.
The stupid attorney should be fired! It is unbelievable! Such an important case should be assigned to a competent attorney with a proven track record.
"Saw defendent...crossing the center line, had bloodshot eyes, strong smell of alcohol, unsteady on his feet, had trouble reciting the alphabet..."
From the very start of this train wreck of a trial, Brinkema has seemingly bent over backwards to make sure the trial would be a circus and to maximize Moussaui's chances of acquittal. Only Lance Ito approaches her level of incompetence on the bench.
I agree, I hope the Feds pick a particularly nasty prison.
YOu have to be kidding. He would be elected to Congress from that sewer.
I'm guessing Marion.
Uh, yea, it's Clinton's fault that a stupid Justice Department attorney f^&*ed up. I believe the Justice Department is part of the Bush administration.
I think it is quite effective as a deterrent, and is a way to pay back society.
They would make a great labor pool to build the planned moon base, for example...Dangerous work and there is no sense using volunteers when a huge source of free labor is available.
If that is the case punish the lawyer. But the lawyer's conduct should have no bearing whatsoever on the guilt or innocence or on the decision to execute the perp or to sentence him to life in prison.
It's time that criminal behavior was judged on its own and not discounted or excused because a police officer or attorney did something wrong.
What ~you~ said, Ax!
Rogue lawyers should be punished. They can be held in contempt or have their professional credentials challenged.
But punishing the public interest to discipline lawyers is I-N-S-A-N-E !
This is right up there with punitive damages coming out of the hide of taxpayers when some government employee has done a wrong.
This is part of the war on bourgeois America (~MY~ America), its religlion, its institution, and its values.
I never understood why this foreign national terrorist was being tried in a US court. Now the buzzard may go free on some technicality. Couldn't he just have some unfortunate fatal accident while in jail?
Huh? A witness can't be exposed to public testimony???? This judge is taking the fear of "tainting the witness" to an abject extreme.... who appointed this one?
Ahhh, yes, Lance Ito!
The Keating 5...OJ Simpson...on daytime television yet!
Weren't those the days?
CA....
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