Defence urges judge to hold firm on evidence ruling
US prosecutors and defence attorneys agree the fate of al Qaida conspirator Zacarias Moussaoui could hinge on whether a federal judge sticks to her ruling that the government contaminated half its case by coaching witnesses and lying to the defence.
Defence lawyers argued yesterday that US District Judge Leonie Brinkema was fully justified in concluding that evidence about US aviation security was tainted beyond repair by the misconduct of a federal lawyer and cannot be used in Moussaoui’s sentencing trial in Alexandria, Virginia.
Moussaoui’s lawyers said there was no reason for her to agree to a request by prosecutors on Wednesday that she revoke her order or at least impose less severe penalties on the government.
Prosecutors have said it would be waste of time to proceed with the trial to determine whether Moussaoui is executed or imprisoned for life unless they are allowed to present some aviation evidence.
If the trial ended, he would get the life sentence.
There was no indication when Brinkema would respond.
Brinkema has sent the jury home until Monday while she decides what to do.
