U.S. Seeks Reversal of Moussaoui Ruling

[ShockediSay]

http://www.abcnews.go.com/US/wireStory?id=1730063


By MATTHEW BARAKAT and MICHAEL J. SNIFFEN

ALEXANDRIA, Va. Mar 15, 2006 (AP)— Prosecutors asked a judge Wednesday to reconsider her decision to toss out half of the government's case against confessed terrorist Zacarias Moussaoui. They acknowledged that altering the judge's ruling is their only hope of salvaging the death-penalty case.

In a motion filed with U.S. District Judge Leonie Brinkeman, prosecutors said the aviation security evidence she barred because a government lawyer coached the witnesses "goes to the very core of our theory of the case."


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Once again, our government wants to ignore judicial rule of law, so they can go ahead and kill the ONE guy they caught, after the fact of 9/11. And how do they do this? Just like warrantless wiretaps - go back after the fact and say it's OK you broke the law - you're our protectors (they are anything but).

[wtmusic]

1. The judiciary is the last little string with which we hold on

to democracy. And Brinkeman will probably get death threats because of this.

[TaleWgnDg]

3. Why?

Why should this federal trial court judge receive death threats as you allege? Are you aware that the judge's ruling/order is FAVORABLE to the criminal defendant, Moussaoui?

Her ruling/order, which the prosecution is requesting to be reversed, throws out much of the prosecution's sentencing case against Moussaoui. Read more about it here at http://jurist.law.pitt.edu/paperchase/2006/03/moussaoui-prosecutors-ask-judge-to.php Check out the hyperlinks too.

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[wtmusic]

4. Yes, I'm aware

She'll probably get death threats like O'Connor and Ginsburg did when they made "liberal" decisions--from conservative wingnuts who are easily confused between the principles of democracy and those of autocracy.

[pnwmom]

8. The death threats to the judge would be coming not from those

supporting the defendant, but from those who want him to receive the death penalty.

[TaleWgnDg]

2. She will refuse -- the federal district court trial judge will refuse --

then the prosecution will most probably appeal to the 4th Circuit Court of Appeals which is our nation's most conservative federal appellate court! BTW, I cannot fathom the outrageous arrogance of these federal prosecutors who COACHED witnesses?! And these are the witnesses that are at the essence of the Moussaoui case! How STUPID can the prosecution get? How the hell can a trial judge allow testimony from witnesses who were "coached" in a death penalty case? Gee, do you think that the U.S. constitution allows witnesses to be "coached" by the prosecution, particularly when the death penalty is at issue?

[wtmusic]

5. "Coaching" is a fine line

Certainly the prosecution had interviewed the witnesses, and just asking witnesses certain questions can be considered coaching.

[TaleWgnDg]

6. That may be true as to a broad definition of witness "coaching"

.

That may be true as to a broad definition of witness "coaching" . . . however, here, in the case at issue, Moussaoui, it seems to be more narrowly defined, as well as a potential criminal violation, and in defiance of a court order. See, e.g., JURIST NEWS report here and the Washington Post report here.

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[sendero]

10. They need to give the lawyer...

... who compromised this case the "career death" penalty, i.e. disbarment.

[TaleWgnDg]

12. For more on this . . .

.

TSA lawyer in Moussaoui case placed on leave for misconduct

JURIST NEWS, by Joshua Pantesco, Thursday, March 16, 2006, at 4:07 PM ET

(JURIST) Carla Martin, the Transportation Security Administration lawyer who improperly coached witnesses against defendant Zacarias Moussaoui in his September 11 sentencing trial, was placed on paid administrative leave Thursday. According to trial judge Leonie Brinkema, Martin egregiously violated federal rules when she sent witnesses e-mails about their upcoming testimony that disclosed parts of the government's case contrary to a sequestration order , coached them on how to react to defense cross-examination, and lied to defense lawyers to interfere with interviewing potential witnesses. Martin's ethical violations could lead to civil or criminal contempt charges, accompanied by penalties which could include fines, disbarment, or even imprisonment.

As for Moussaoui, who pleaded guilty to conspiracy charges that he was involved in other al Qaeda plans to commit terrorist acts with hijacked planes, Martin's misconduct means that the prosecution will have to seek the death penalty against him without the aid of aviation-related evidence, which Brinkema has prohibited the government from presenting . One witness, however, has claimed she was not tainted by Martin's emails , and the prosecution has requested that Brinkema reconsider her ruling arguing it is "unprecedented and overbroad." AP has more.

. . . more at . . . http://jurist.law.pitt.edu/paperchase/2006/03/tsa-lawyer-in-moussaoui-case-placed-on.php

(removed all hyperlinks to source materials; go to Jurist url to access hyperlinks -- TaleWgnDg)

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[Demit]

7. Hello, ABC, the judge's name is Brinkema, not Brinkeman.

[Disturbed]

9. The Bush Regime loves the Death Penalty.

They will break any Law to kill people.

It isn't justice unless a person is executed in their view.

[CJCRANE]

11. Plus they want to shut this guy up for good..

don't want him to spill the beans on what really happened before 9/11.