Judge Warns Against Prejudicial Testimony (in Moussaoui trial)

Judge Warns Against Prejudicial Testimony

Monday April 10, 2006 3:46 PM

By MATTHEW BARAKAT

Associated Press Writer

ALEXANDRIA, Va. (AP) - A judge warned prosecutors Monday against relying too heavily
on emotional eyewitness accounts from families of Sept. 11 victims to influence the jury
in the death penalty trial of al-Qaida conspirator Zacarias Moussaoui.

The word of caution by U.S. District Judge Leonie Brinkema came after complaints
from the defense lawyers that a stream of victim-impact testimony last week would be overly
prejudicial to the jury that must decide if Moussaoui is to be executed.

On Monday, prosecutors told the judge they would display fewer family photos and would try
to keep testimony from each witness under 30 minutes.

Brinkema acknowledged that there is no way to avoid emotional testimony in this case,
but reminded them that overly prejudicial testimony can be grounds for overturning a death
sentence on appeal.