Prosecutors in the sentencing trial of confessed al-Qaeda terrorist Zacarias Moussaoui told the presiding judge that it was a waste of time to continue the trial since half of the government's key witnesses will not be able to testify.
U.S. District Court Judge Judy Brinkema ruled that all witnesses scheduled to testify on aviation issues could not appear in court after it was discovered the prosecution had coached the witnesses by giving them prior witness testimony in the case. The judge had expressly directed both sides not to give witnesses transcripts on prior testimony.
During a conference call between the judge and attorneys for both sides on Tuesday, Assistant U.S. Attorney Rob Spencer told Judge Brinkema, 'We don't know whether it is worth us proceeding at all, candidly, under the ruling you made today. Because without some relief, frankly, I think that there's no point for us to go forward.' Spencer added that proceeding now would 'waste the jury's time and the court's time.'
Prosecutors were debating whether or not to appeal Brinkema's ruling to the 4th U.S. Circuit Court of Appeals in Richmond although defense lawyers say they cannot do so. Even Judge Brinkema said she was unsure if her ruling could be appealed.
When Judge Brinkema discovered the prosecutor's misconduct, she said, 'I don't think in the annals of criminal law there has ever been a case with this many significant problems.' She declined to dismiss the death penalty option altogether.
Moussaoui is the only person arrested in connection with the September 11 terrorist attacks. He has already been found guilty by the court. The sentencing portion of his trial is to determine whether he goes to prison for the rest of his life or receives the death penalty. The death penalty seems less and less likely now that the prosecution has engaged in misconduct.
