Prosecutors pondered today whether to abandon their quest for the death penalty in the US government's only case connected to the September 11 hijackings, after a federal judge banned crucial testimony.
Shortly after US District Judge Leonie Brinkema delivered the sharp blow yesterday to the case against September 11 conspirator Zacarias Moussaoui, prosecutors asked for a trial delay.
"We don't know whether it is worth us proceeding at all, candidly ... and that's why we need to assess it, because without some relief, frankly I think that there's no point for us to go forward," prosecutor Robert Spencer said in a conference call with Brinkema and a defense lawyer. The call was transcribed and released as part of the court record.
Brinkema agreed to delay the trial until Monday. Prosecutors were still discussing their options today, Justice Department officials said.
Spencer said the prosecutors were weighing whether they could appeal to a higher court or ask Brinkema to reconsider her opinion.
It was not clear if the government can appeal the case to the U.S. Court of Appeals, since the trial has already begun.
"We don't think the government has any appellate rights," defense attorney Edward MacMahon told Brinkema in the call.
Brinkema threw out aviation-related witnesses and evidence -- about half the government's case -- after the revelation that a Transportation Security Administration lawyer, Carla Martin, had violated a court order by improperly sharing trial information and attempting to coach witnesses.
"I think this is an appropriate response by the court to what were a series of egregious errors," Brinkema said. "A trial, particularly a death case, simply can't go forward with this many violations of standard, well-established principles of law."
Moussaoui, an admitted al Qaeda member who pleaded guilty to conspiracy in connection with the Sept. 11 attacks, is on trial to determine if he will be executed. Otherwise he will be sentenced to life in prison.
The defense had asked Brinkema to dismiss the death penalty option for Moussaoui since Martin had tainted the witnesses.
Aviation-related testimony was expected to deal with how much information the Federal Aviation Administration had about possible threats to airlines and also discuss pre-Sept. 11 security measures.
The prosecution had argued the witnesses were vital to their effort to prove that if Moussaoui had not lied to the FBI when he was arrested three weeks before Sept. 11, the FAA would been able to thwart the attacks.