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ALEXANDRIA, Va. — The prosecution's carefully laid strategy to secure the death penalty against confessed terrorist Zacarias Moussaoui neared collapse Monday when an incensed federal judge halted his sentencing trial and ordered a hearing to investigate apparent witness tampering by government officials.
U.S. District Judge Leonie M. Brinkema took under advisement a defense request to drop the death penalty from the case, which would leave life in prison as the only possible sentence.
After four days of testimony in the government's showcase trial growing out of Sept. 11, its prosecution appeared to be unraveling.
"In all the years I have been on the bench," Brinkema told a hushed and crowded courtroom, "I have never seen such an egregious violation."
A judge for 12 years, she called a government lawyer's attempt to shape the testimony of seven key witnesses a "significant error … affecting the constitutional rights of this defendant and, more importantly, the integrity of the criminal justice system in this country."
Moussaoui unexpectedly pleaded guilty last year to capital murder for having a role in the Sept. 11 conspiracy; the government has made it a top priority to win the death penalty under the theory that — although he was in jail at the time of the attacks — he could have prevented them by telling the FBI about the plot.
Monday's developments marked another major embarrassment in the Justice Department's attempts to prosecute alleged terrorists.
Earlier terrorist convictions in Detroit were set aside because of prosecutorial misconduct. And the sentences imposed in terrorism cases in Buffalo, N.Y., are in jeopardy because of the Bush administration's controversial program of warrantless wiretaps. Prosecutions in Boise, Idaho; Portland, Ore.; and elsewhere have foundered as well.
At issue in the Moussaoui case is the pending testimony of seven Federal Aviation Administration officials who were prepped by a lawyer for the Transportation Safety Administration.
The witnesses are considered crucial to the government's effort to prove that had Moussaoui cooperated with the FBI upon his arrest in August 2001, critical information could have been relayed to the FAA to help stop the Sept. 11 hijackings.
Although some preparation of witnesses is common, Brinkema issued a special order Feb. 22 warning that in the Moussaoui case, witnesses must not be coached and should not be read or provided transcripts of opening statements or testimony of other witnesses.
The government notified the court Monday that Carla Martin, a senior TSA lawyer, had done just that by sending copies of court transcripts — as well as summaries of the testimony of FBI Supervisory Agent Michael Anticev, the government's first witness in the sentencing phase — around to the seven witnesses.
"We really are left speechless, frankly," prosecutor David J. Novak told the judge, conceding that Martin's actions were "wholly improper" and could seriously hamper the government's case.
"We're really not in a position to defend her conduct," Novak said.
Novak's boss, U.S. Atty. Paul J. McNulty in Alexandria, Va., wrote the judge saying: "We view Ms. Martin's conduct as reprehensible and we frankly cannot fathom why she engaged in such conduct."
Without elaborating, prosecutors said Martin no longer worked for the TSA.
Defense lawyer Edward B. MacMahon Jr. immediately asked that the death penalty be stricken as a possible punishment for Moussaoui, 37, leaving life in prison with no parole as the only other option.
"This is not going to be a fair trial anymore," he said, complaining the government was trying to shape witness testimony.
In Martin's e-mails to witnesses, she voiced concerns that prosecutors were overselling to the jury the FAA's ability to stop the hijackers at the airports and prevent them from boarding the four planes — even if Moussaoui had tipped off the government that the attacks were coming.
Her e-mails appeared aimed at protecting the interests of the FAA.
U.S. District Judge Leonie M. Brinkema took under advisement a defense request to drop the death penalty from the case, which would leave life in prison as the only possible sentence.
After four days of testimony in the government's showcase trial growing out of Sept. 11, its prosecution appeared to be unraveling.
"In all the years I have been on the bench," Brinkema told a hushed and crowded courtroom, "I have never seen such an egregious violation."
A judge for 12 years, she called a government lawyer's attempt to shape the testimony of seven key witnesses a "significant error … affecting the constitutional rights of this defendant and, more importantly, the integrity of the criminal justice system in this country."
Moussaoui unexpectedly pleaded guilty last year to capital murder for having a role in the Sept. 11 conspiracy; the government has made it a top priority to win the death penalty under the theory that — although he was in jail at the time of the attacks — he could have prevented them by telling the FBI about the plot.
Monday's developments marked another major embarrassment in the Justice Department's attempts to prosecute alleged terrorists.
Earlier terrorist convictions in Detroit were set aside because of prosecutorial misconduct. And the sentences imposed in terrorism cases in Buffalo, N.Y., are in jeopardy because of the Bush administration's controversial program of warrantless wiretaps. Prosecutions in Boise, Idaho; Portland, Ore.; and elsewhere have foundered as well.
At issue in the Moussaoui case is the pending testimony of seven Federal Aviation Administration officials who were prepped by a lawyer for the Transportation Safety Administration.
The witnesses are considered crucial to the government's effort to prove that had Moussaoui cooperated with the FBI upon his arrest in August 2001, critical information could have been relayed to the FAA to help stop the Sept. 11 hijackings.
Although some preparation of witnesses is common, Brinkema issued a special order Feb. 22 warning that in the Moussaoui case, witnesses must not be coached and should not be read or provided transcripts of opening statements or testimony of other witnesses.
The government notified the court Monday that Carla Martin, a senior TSA lawyer, had done just that by sending copies of court transcripts — as well as summaries of the testimony of FBI Supervisory Agent Michael Anticev, the government's first witness in the sentencing phase — around to the seven witnesses.
"We really are left speechless, frankly," prosecutor David J. Novak told the judge, conceding that Martin's actions were "wholly improper" and could seriously hamper the government's case.
"We're really not in a position to defend her conduct," Novak said.
Novak's boss, U.S. Atty. Paul J. McNulty in Alexandria, Va., wrote the judge saying: "We view Ms. Martin's conduct as reprehensible and we frankly cannot fathom why she engaged in such conduct."
Without elaborating, prosecutors said Martin no longer worked for the TSA.
Defense lawyer Edward B. MacMahon Jr. immediately asked that the death penalty be stricken as a possible punishment for Moussaoui, 37, leaving life in prison with no parole as the only other option.
"This is not going to be a fair trial anymore," he said, complaining the government was trying to shape witness testimony.
In Martin's e-mails to witnesses, she voiced concerns that prosecutors were overselling to the jury the FAA's ability to stop the hijackers at the airports and prevent them from boarding the four planes — even if Moussaoui had tipped off the government that the attacks were coming.
Her e-mails appeared aimed at protecting the interests of the FAA.
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