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Judge Unexpectedly Halts Moussaoui Trial (May dismiss the case)
AP via Yahoo News ^ | 3/13/06 | Michael J. Sniffen, AP writer

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.


TOPICS: Government; War on Terror
KEYWORDS: 911hijackers; brinkema; clintonjudge; moussaui; terrortrials; trial; tsa
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To: Wolfstar

If it was a DOJ lawyer that had done that, dismissal and barring double retrial might be appropriate. Since it was an agency attorney, that would probably not be justified.

(The attorney should be introduced to the concept of contempt of court, and the top lawyer at the agency should probably be dragged in and chewed out as to the need for competent, well trained attorneys in the agency.)

It would probably be appropriate to bar all agency lawyers from the trial.


81 posted on 03/13/2006 11:49:47 AM PST by PAR35
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To: HuntsvilleTxVeteran

Thanks for info on the judge. That's why I hope a FReeper who happens to be an attorney can help us out here. Were the judge's initial restrictions unreasonable, or did the TSA attorney screw the pooch?


82 posted on 03/13/2006 11:49:51 AM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: msnimje
The Judge will NOT dismiss the case, this is the penalty phase.

Understood. The article indicates she may dismiss the case, presumably meaning the death penalty phase of the case.

83 posted on 03/13/2006 11:51:09 AM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Axhandle
That lawyer acted irresponsibly and deceitfully and deserves our scorn.

I agree. One wonders, however, if the lawyer did this deliberately to sabotage the death penalty case.

84 posted on 03/13/2006 11:52:15 AM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Wolfstar

It stinks that this lawyer made a boneheaded move. I hope the judge issues sanctions against Carla Martin. If the prosecution had a problem with the judge's pre-trial order, the time to fight it was *before* the trial starts.

MJ


85 posted on 03/13/2006 11:53:00 AM PST by mjustice
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To: jschurchin
You would think the Justice Department would assign this case to a competent attorney.

The laywer who screwed up is from TSA, not Justice.

86 posted on 03/13/2006 11:53:17 AM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: txroadkill
Witness rules are pretty simple, and this lawyer has screwed the American People.

Absolutely. It's hard for me to imagine the lawyer did this accidentally.

87 posted on 03/13/2006 11:54:36 AM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Vortex
WTF does that mean?

The judge makes the decision to have witnesses sequestered (usually based on a request from either the prosecutor or the defense). The judge (referred to as "the court") makes the rules, but this rule is not uncommon and has been the case in most trials.

88 posted on 03/13/2006 11:55:14 AM PST by SittinYonder (That's how I saw it, and see it still.)
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To: bnelson44

Let him go, then see to it that he joins the ranks of the "desaparecidos."


89 posted on 03/13/2006 11:57:14 AM PST by Salvey (ancest)
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To: Williams

I didn't say it didn't matter that they broke the rules, I said that this rule violation hardly seems to compromise the integrity of the trial.

As to coaching, ethical or not, there isn't an atty alive who puts a witness on the stand cold. The ATTY himself may not tell the witness directly, use this word or that word... but they certainly will find a surrogate to do it for them if they feel the need.


90 posted on 03/13/2006 11:59:59 AM PST by HamiltonJay
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To: Wolfstar

If we're lucky, he'll be shot trying to escape.


91 posted on 03/13/2006 12:20:53 PM PST by mondonico (Peace through Superior Firepower)
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To: Roverman2K

...maybe the lawyer is a moonbat and did it intentionally, after all it is NYC.

OK stop picking your toes, you got mail. Sorry but you are one of those that can not make it there.


92 posted on 03/13/2006 12:25:43 PM PST by Ender@Game.now
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To: CFC__VRWC
One thing that's been unclear - did the witnessess the TSA attorney allegedly coached testify in the criminal trial, or only in the penalty phase? Because if they testified at trial, that might get the entire conviction tossed on appeal.

Excellent question. Unfortunately, like you, I can only go by what's in the media report(s).

93 posted on 03/13/2006 1:04:45 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: tx_eggman
Uday and Qusay were the model for how to handle these folks, this guy shouldn't have even shown up on radar ... and Saddam should have been dead before he made it out of his hole.

I could not agree with you more, especially about Saddam.

94 posted on 03/13/2006 1:05:48 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Williams
I am reacting as an attorney

Thank you. I was hoping to obtain the insights of a least one attorney on this thread.

Still, I am concerned if the article is correct and she has already disparaged the government to the jury.

I'm not an attorney, but this worried me, too.

I wonder if the attorney who sent this to the witnesses was not involved in the trial, and screwed up because they didn't realize the order existed.

I had not thought of this possibility. If this is the case, why would she involve herself in any way? This is a rhetorical question, obviously, but her actions seem so odd no matter how I look at the matter.

95 posted on 03/13/2006 1:10:28 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: dmz; Diddle E. Squat
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.

DMZ, before you go off on people, it might be helpful if you take a moment to absorb the facts in the article. The lawyer who screwed up is not from Justice, but from TSA.

It's not Clinton's fault, but neither is it Bush's fault. In fact, the only person at fault here is the attorney in question.

96 posted on 03/13/2006 1:14:37 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Gandalf_The_Gray
Is Moussaoui a citizen of the US? If not, how does he come by "constitutional rights"?

If I recall correctly, he is not a citizen. However, he is being tried in our civilian courts and is therefore being accorded the same rights as other defendants. (Unfortunately.)

97 posted on 03/13/2006 1:16:16 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Wolfstar
"Were the judge's initial restrictions unreasonable, or did the TSA attorney screw the pooch?

The TSA attorney screwed the pooch. As I posted in an earlier thread about this matter, not only were the judge's restrictions reasonable, the Rule on Witnesses is mandatory if one of the parties asks for it: See Federal Rule of Evidence 615 which reads

Rule 615. Exclusion of Witnesses

At the request of a party the court shall order witnesses excluded so that they cannot hear the testimony of other witnesses, and it may make the order of its own motion. This rule does not authorize exclusion of (1) a party who is a natural person, or (2) an officer or employee of a party which is not a natural person designated as its representative by its attorney, or (3) a person whose presence is shown by a party to be essential to the presentation of the party's cause, or (4) a person authorized by statute to be present.

There's just no excuse for what happened here, and we might literally all have to pay the cost of one government attorney's stupidity and/or arrogance for the rest of the defendant's natural life.

98 posted on 03/13/2006 1:18:27 PM PST by PUGACHEV
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To: Iwo Jima
It is an unforgiveable thing for a prosecutor to do.

According to the article, the lawyer who did it is from the TSA. It's unclear if the TSA lawyer was on the prosecution team. From the article:

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.

99 posted on 03/13/2006 1:18:38 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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To: Inwoodian
This must be a local or personal Rule of this judge.

Thanks. Every insight by an attorney posted on this thread is helpful -- to me, at least.

100 posted on 03/13/2006 1:20:07 PM PST by Wolfstar (There is no death, though eyes grow dim. There is no fear when I'm near to Him.)
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