MSNBC: Judge says Moussaoui can't be be given the Death Penaly

Government can't seek the death penalty against the Zacarias Moussaoui, aka the 20th Hi-jacker

Did they say why not?

Let the man Speak!!!!!

can be used by the prosecutors....this is payback for feds not allowing court ordered interagation of gitmo detainees that she ordered for the defense....this is a battle of state vs fed...you go girl!!!

From AP: U.S. District Judge Leonie Brinkema handed down the sanctions in response to the government's refusal to obey her orders granting Moussaoui access to three al-Qaida prisoners that he claimed would testify he was not involved in the Sept. 11 attacks. She rejected the more severe option of dismissing all charges, as the government, Moussaoui and his court-appointed lawyers had asked.

The defendant, a French citizen, has denied he was involved in the Sept. 11 planning and contended al-Qaida witnesses could back him up. The judge said in her ruling that Moussaoui deserved the chance to present that testimony. "That the United States has deprived Moussaoui of any opportunity to present critical testimony from the detainees at issue in defense of his life requires, as a sanction, the elimination of the death penalty as a possible sentence," she said. "The defendant remains exposed to possible sentences of life imprisonment."

Brinkema said she barred any Sept. 11 evidence against the defendant because "it would simply be unfair to require Moussaoui to defend against such prejudicial accusations while being denied the ability to present testimony from witnesses who could assist him in contradicting those accusations."

Brinkema concluded that Moussaoui's constitutional right to potentially favorable witnesses took precedence over the government's need to protect classified information that could be revealed in testimony by the captives. Prosecutors had argued that national security would be gravely harmed if any details were revealed about the sensitive interrogations of the prisoners, who are held in undisclosed locations outside the United States.


The Bush administration could decide to move Moussaoui's case to a military tribunal, where national security would likely trump a defendant's access to witnesses. However, that decision would likely be made only after the 4th U.S. Circuit Court of Appeals (news - web sites), in Richmond, Va. ruled on the witness-access issue. The side that loses in the appellate court could ask the Supreme Court to intervene. Brinkema postponed the effect of her ruling so the government could appeal.

If so, and he were to win access, would he be questioning them (before trial) under private, unsupervised access?

This is an impossible position to be in; where's Solomon when you need?

Moussaoui is still representing himself, but is "assisted" by professional attorneys.

If I understand it correctly, Judge Brinkema was considering dismissing the case. The prosecution had filed a brief stating it had no objections to that. I read that the prosecutors wanted it dismissed because in that case, the Appeals Court, one of the most conservative in the nation, would surely have overturned the judge, and then the case would have proceeded with Moussaoui NOT gaining access to his witnesses.

Now the case is not dismissed, and the only thing to appeal is whether or not DP applies. The issue of the witnesses can't be appealed until the trial is over. At least, that's how I understand it.

The death penalty isn't as good as life in prison for this guy, anyway. I've always maintained that the best punishment would be for murderers to all be at Parchman prison, in Mississippi. The heat is ridiculous there. Murderers should live in the same conditions as most death row inmates do currently: locked down for 23 hours a day, and one hour out each day. A few showers a week and meals in the cell. No tv or radio, and no books. Nothing but the bare necessities for survival: Food, water, bed, sink, toilet.

in so we can find out what really went on. I'm afraid that if they can't kill him legally he will be off-ed to keep him quiet.

Do you know something about Moussaoui we don't?

Is that what you're saying? You believe treating people like animals is conducive to creating a more peaceful society? How we treat murderers has nothing to do with them, it has everything to do with us.

The NPR report that I heard this afternoon said that if the appeal did not work the DOJ could go to military tribunal. Whatever we think about Moussaui (sp?), that would be a hideous precedent to allow those liberty-abolishing neo-cons at Justice. Then it could be anyone, you or I.

Over two years later, and so, we have not managed to apprehend and bring to trial even one of the support team for 9-11? Indeed, if the feds keep screwing off, they may end up with a damn mistrial? You'd think they could have made a slamdunk against this raving loonie.

Sigh.


the fbi was very busy with the tommy chong matter

LOL