Prosecutor Says 'No Point' in Continuing Moussaoui Trial

Prosecution's Case Gutted After Judge Bars Federal Aviation Witnesses

By Jerry Markon, Timothy Dwyer and William Branigin
Washington Post Staff Writers
Wednesday, March 15, 2006; 12:42 PM

A federal prosecutor in the death penalty trial of Zacarias Moussaoui told the judge in the case that he saw "no point" in going ahead with the proceedings under a ruling that barred key government witnesses from testifying.

Assistant U.S. attorney Robert A. Spencer, one of the prosecutors trying to persuade a jury that Moussaoui deserves the death penalty for his role in the Sept. 11, 2001, terrorist attacks, made the comment in a conference call yesterday among U.S. District Judge Leonie M. Brinkema and lawyers for the prosecution and defense after Brinkema prohibited testimony and evidence from half a dozen federal aviation witnesses. Brinkema issued the ruling after a day-long hearing convinced her that misconduct by a federal lawyer had so tainted the proceeding that all evidence concerning aviation security must be stricken.

The decision gutted the case that prosecutors were building in their attempt to have Moussaoui executed for the attacks on the World Trade Center and Pentagon. Moussaoui, 37, a French citizen of Moroccan descent, pleaded guilty last April to six conspiracy counts related to the Sept. 11 attacks. If the death penalty trial does not go forward or if the jury ultimately decides in favor of the defense, Moussaoui would be sentenced to life in prison without parole.

The prosecution is considering an appeal of Brinkema's decision to bar the key witnesses, but it was not immediately clear whether such an appeal could be filed while the trial is underway. In the meantime, Brinkema has postponed resumption of the trial until Monday.

"We don't know whether it is worth us proceeding at all, candidly, under the ruling you made today," Spencer said in the conference call, the Associated Press reported. "Because without some relief, frankly, I think that there's no point for us to go forward."

Spencer added that resuming the trial under current conditions would "waste the jury's time and the court's time," AP reported. http://www.washingtonpost.com/wp-dyn/content/article/2006/03/15/AR2006031501121_pf.html