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Thread: At Satellite Courthouses, 9/11 Relatives Will Watch Moussaoui's Sentencing

  1. #51
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    U.S. seeks to keep evidence from 9/11 families
    Prosecutors ask Moussaoui judge to reconsider order

    http://www.cnn.com/2006/LAW/04/26/mo...ion/index.html

    From Phil Hirschkorn
    Wednesday, April 26, 2006; Posted: 4:16 p.m. EDT (20:16 GMT)

    ALEXANDRIA, Virginia (CNN) -- Prosecutors asked a judge to rethink granting 9/11 families suing airlines access to evidence gathered for the criminal case against al Qaeda terrorist Zacarias Moussaoui.

    U.S. District Judge Leonie Brinkema's April 7 order requires prosecutors to provide copies of all unclassified aviation security documents to attorneys representing September 11 families in a civil lawsuit pending in New York.

    Prosecutors called the order "unprecedented" and urged Brinkema to withdraw it. The motion was filed by Chuck Rosenberg, the U.S. attorney for the Eastern District of Virginia.

    Brinkema's order would allow the families' attorneys access to "highly sensitive" law enforcement documents and could compromise the continuing investigation into the September 11, 2001, terrorist attacks. The inquiry is "the largest criminal investigation in our nation's history, which is still ongoing," the motion says.

    "This order will likely provoke negative consequences for numerous criminal cases in the future," prosecutors said. Rosenberg requested a May 19 hearing.

    American and United airlines each lost two passenger jets to al Qaeda hijackers on September 11, 2001.

    Among the 65 plaintiffs in the civil case is Mike Low, whose daughter, Sara, was a flight attendant on the first plane to strike the World Trade Center. He testified as a government witness in the criminal case.

    The plaintiffs sued the airlines for wrongful death in 2002, rather than accept compensation from a federal fund that gave $7 billion to families. Brinkema agreed with their attorneys that legislation creating the victims compensation fund protected the rights of nonparticipating families to bring a negligence claim.

    In their motion, prosecutors argued that the aviation security documents are specially selected materials provided to a small group of attorneys cleared to handle sensitive evidence in the Moussaoui case.

    "The government never contemplated this material would be disclosed more widely for use in private civil litigation," the motion says.

    Ron Motley, an attorney who successfully argued for access to the documents last month, said he would reply to the government's motion next week.

    "We have not asked the government to give the 9/11 victims one single thing they didn't provide to Moussaoui's lawyers," Motley said.

    The order would require the government to begin turning over copies of documents two weeks after a verdict is returned in Moussaoui's trial.

    The plaintiffs have struggled with the Transportation Security Administration to obtain pre-September 11 aviation security documents.

    "It is amazing what some agencies think is secret," Brinkema said before issuing her order last month. "As a culture, we need to be careful not to be so wrapped up in secrecy that we lose track of our core values and laws."

    The families' pursuit was triggered by the revelation early in the Moussaoui trial that TSA lawyer Carla Martin improperly coached witnesses. Martin, who had prepared aviation security documents and witnesses in the case, sent witnesses transcripts and commentary by e-mail, even though a court order required scheduled witnesses to ignore the proceedings.

    Martin's e-mail chain revealed she had been communicating with airline attorneys, and the families' attorneys suspected collusion.
    No One Knows Everything. Only Together May We Find The Truth JG


  2. #52
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    "could compromise the continuing investigation into the September 11, 2001, terrorist attacks"

    Who's?
    No One Knows Everything. Only Together May We Find The Truth JG


  3. #53
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    "The inquiry is "the largest criminal investigation in our nation's history, which is still ongoing."

    According to who? CERTAINLY not the Government. Ok, if the investigation is still ongoing, then why won't you accept the MOUNTAINS of evidence we have collected?
    No One Knows Everything. Only Together May We Find The Truth JG


  4. #54
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    Judge doesn't believe Moussaoui claims

    http://www.centredaily.com/mld/centr...n/14484077.htm

    MATTHEW BARAKAT
    Associated Press
    5/3/2006

    ALEXANDRIA, Va. - The judge presiding over Zacarias Moussaoui's sentencing told trial lawyers that she doesn't believe Moussaoui's claims on the witness stand that he knew advance details of the Sept. 11 plot.

    "I still think that Moussaoui was not accurate in a lot of what he said about how much he knew about what was going to happen with which particular buildings and when," U.S. District Judge Leonie Brinkema said during a closed hearing on April 21 outside the jury's presence. Transcripts of the hearing were released Tuesday.

    Moussaoui's bombshell testimony on March 27, in which he took the stand against the advice of his court-appointed lawyers and claimed a direct role in the 9/11 plot after years of denial, revived a moribund prosecution case. Defense attorneys have argued that Moussaoui lied on the stand either to inflate his role in history or antagonize the jury into making him a martyr through execution.

    Specifically, Moussaoui claimed that he and would-be shoe bomber Richard Reid were to have flown a fifth plane on 9/11 into the White House, and that he also knew the World Trade Center towers were targeted.

    Brinkema made her comment during a debate over jury instructions. She defended a technical ruling in favor of the defense as a way of "evening the playing field" in response to her concerns about Moussaoui's testimony.

    Even though jurors have no way of knowing about Brinkema's editorial comment presuming they obey rules against following news coverage, prosecutor David Novak objected to her remark.

    "With all due respect, that's the jury's decision to decide whether they found him to be credible or not," Novak told Brinkema.

    A separate transcript released Tuesday revealed that defense attorneys tried unsuccessfully to remove a juror from the panel after she expressed fears that the media would harass her after the trial concludes.

    The unidentified female juror said that a coworker had deduced she was on the panel even though the jury is anonymous. She also said during the April 17 hearing - before deliberations began - that she fears losing her privacy.

    Defense lawyers said she should be replaced because her fears might influence her decision, but Brinkema kept the juror on the panel after she said her concerns would not affect her decision.

    Meanwhile, the jury headed into a seventh day of deliberations Wednesday without reaching a verdict on whether to sentence the Sept. 11 conspirator to death or life in prison.

    The nine men and three women have so far deliberated more than 35 hours. The jury does not plan to deliberate on Thursday afternoon and Friday so that one juror can attend his parents' 50th wedding anniversary and another can attend a school ceremony for his daughter.

    Moussaoui is the only person charged in this country in the Sept. 11 attacks. The jury previously found Moussaoui eligible for execution after more than 16 hours of deliberations in late March and early April.

    Although he was in jail on immigration violations on Sept. 11, the jury ruled that lies he told federal agents the month before the attacks kept them from identifying and stopping some of the hijackers.
    No One Knows Everything. Only Together May We Find The Truth JG


  5. #55
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    Jury spares 9/11 plotter Moussaoui
    9/11 trial ends after wrenching images, heartbreaking testimony

    http://edition.cnn.com/2006/LAW/05/0...saoui.verdict/

    From Phil Hirschkorn
    Wednesday, May 3, 2006 Posted: 2039 GMT (0439 HKT)

    ALEXANDRIA, Virginia (CNN) -- Al Qaeda terrorist Zacarias Moussaoui should spend the rest of his life in prison for his role in the September 11, 2001, attacks on the United States, a federal jury decided Wednesday.

    The nine men and three women returned their verdict on the seventh day of deliberations after reliving the September 11 attacks through weeks of harrowing testimony and evidence.

    U.S. District Court Judge Leonie Brinkema will formally sentence Moussaoui Thursday at 10 a.m.

    Jurors sent a note Wednesday afternoon indicating they had reached a verdict. The jury had two choices -- death by injection or life in prison.

    During the trial's monthlong penalty phase, jurors heard the voices of the doomed office workers at New York's World Trade Center calling 911 for help and listened to the first public playing of the cockpit voice recorder of United Airlines Flight 93.

    They watched videos of victims leaping to their deaths from the flaming twin towers. They were shown images of charred remains found in the rubble of the trade center and at the Pentagon in northern Virginia, about 10 miles from the Alexandria courthouse where the trial was held.

    And they twice heard from an unrepentant Moussaoui, who said he is willing to kill Americans "any time, anywhere." (Full story)

    First 9/11 conviction in U.S.
    Moussaoui, 37, a Frenchman of Moroccan heritage, is the first person convicted in the United States for his role in the attacks. Nearly 3,000 people died when hijacked passenger jets crashed into the trade center, Pentagon and a Pennsylvania field.

    Although he was behind bars on September 11, Moussaoui pleaded guilty last year to terrorism conspiracy.

    Three of the six conspiracy counts made him eligible for the death penalty: committing acts of terrorism transcending national boundaries, destroying aircraft and using planes as weapons of mass destruction.

    The purpose of the eight-week trial was to determine Moussaoui's punishment. Jurors first found that Moussaoui's lies to federal investigators a month before the attacks furthered al Qaeda's plot and directly resulted in at least some 9/11 deaths, making the defendant eligible for execution. (Full story)

    In the trial's second phase, jurors weighed factors such as the heinousness of the crime and its impact on the victims' families against Moussaoui's background and mental health.

    About 30 family members of 9/11 victims, along with attack survivors and emergency responders, described how their lives have been changed. One after the other, widows and widowers, fathers and mothers, brothers, sisters and friends shared heart-wrenching stories of loss.

    Perhaps the trial's most dramatic moment came when prosecutors played the cockpit voice recorder from Flight 93. It made clear passengers' efforts to retake control of the aircraft before the hijackers crashed it outside Shanksville, Pennsylvania. (Full story)

    Defense focuses on mental illness
    Defense attorneys focused on Moussaoui's mental health, calling experts who diagnosed him as a delusional paranoid schizophrenic. The jury heard that Moussaoui's troubled family history includes two sisters and an abusive father who suffer from mental illness. (Full story)

    Moussaoui's friends from France and England, where he earned a business school degree in the early 1990s, described a young man with a big smile who enjoyed life. But Moussaoui underwent a transformation, falling under the spell of Muslim radicals who targeted recent converts such as him at a mosque in London's Brixton section, according to the defense.

    "You could see the disdain on his face, " said mosque chairman Abdul Haqq Baker in a videotape played for the jury. "He was very keen to implement whatever drive was given to him for jihad."

    On the stand, Moussaoui said he knew in advance of the plan to hijack passenger jets and fly them into the World Trade Center. He said he was supposed to hijack a fifth plane and fly it into the White House with Richard Reid, known as the shoe bomber.

    Reid is serving a life sentence for attempting to set off a bomb hidden in his sneakers on a flight from Paris, France, to Miami, Florida, that was safely diverted to Boston, Massachusetts.

    A statement from Reid, backed up by the FBI, contradicted Moussaoui's testimony that the two men were supposed to hijack a plane together. (Full story)

    Moussaoui shows no remorse
    On the witness stand, Moussaoui displayed a complete lack of remorse for the 9/11 deaths, saying he was sorry only that the attacks weren't more lethal.

    "I just wish it could have gone on the 12th, the 13th, the 14th, the 15th, the 16th, the 17th. We can go on and on," Moussaoui said. "Like they say, no pain, no gain."

    His attorneys asked the jury not to give him the death penalty and make him an al Qaeda martyr.

    September 11 family members rotated through the main courtroom observing the trial in six seats reserved for them three rows behind Moussaoui.

    More family members watched the trial on a closed-circuit broadcast available elsewhere in the Alexandria courthouse and in federal courthouses in Manhattan and Long Island, New York; Newark, New Jersey; Philadelphia, Pennsylvania; and Boston.

    "I am convinced he's not crazy in the legal sense, in that he can, and does, distinguish right from wrong," said Hamilton Peterson, who attended the trial. His father and stepmother died aboard Flight 93.

    "I do think he is sick in the evil sense," Peterson added. "He absolutely gets it, specifically, the 9/11 conspiracy he was a part of and his desire for American blood."
    No One Knows Everything. Only Together May We Find The Truth JG


  6. #56
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    Moussaoui Verdict

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    No One Knows Everything. Only Together May We Find The Truth JG


  7. #57
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    Moussaoui goes to prison after last taunt
    A member of the press gives the thumbs down as he leaves U.S. District Court in Alexandria, Va., Tuesday, May 2, 2006, after the jury in the sentencing trial of Zacarias Moussaoui failed to reach a verdict after their sixth day of deliberations. (AP Photo/Caleb Jones)

    http://www.boston.com/news/nation/ar...p1=MEWell_Pos5

    By Michael J. Sniffen and Matthew Barakat, Associated Press Writers | May 3, 2006

    ALEXANDRIA, Va. --Al-Qaida conspirator Zacarias Moussaoui escaped the death penalty Wednesday as a jury decided he deserved life in prison instead for his role in the bloodiest terrorist attack in U.S. history. "America, you lost," Moussaoui taunted.

    After seven days of deliberation, the nine men and three women rebuffed the government's appeal for death for the only person charged in this country in the four suicide jetliner hijackings that killed nearly 3,000 people on Sept. 11, 2001.

    Three jurors said Moussaoui had only limited knowledge of the Sept. 11 plot, and three described his role in the attacks as minor, if he had any role at all.

    Moussaoui, as he was led from the courtroom after the 15-minute hearing, said: "America, you lost. ... I won." He clapped his hands as he was escorted away.

    Carie Lemack, whose mother, Judy Larocque, died on hijacked American Airlines Flight 11, which crashed into the World Trade Center, said her mom didn't believe in the death penalty and would have been glad Moussaoui was sentenced to life. "This man was an al-Qaida wannabe who could never put together the 9/11 attacks," Lemack said. "He's a wannabe who deserves to rot in jail."

    But Patricia Reilly, who lost her sister Lorraine Lee in the New York attacks, was deflated. "I guess in this country you can kill 3,000 people and not pay with your life," she said. "I feel very much let down by this country."

    From the White House, President Bush said the verdict "represents the end of this case but not an end to the fight against terror." He said Moussaoui got a fair trial and the jury spared his life, "which is something that he evidently wasn't willing to do for innocent American citizens."

    The verdict came after four years of legal maneuvering and a six-week trial that put jurors on an emotional roller coaster and gave the 37-year-old Frenchman of Moroccan descent a platform to needle Americans and mock the pain of the victims' families.

    Judge Leonie Brinkema was to hand down the life sentence Thursday morning, bound by the jury's verdict. Offering assurance to the losing side, she told prosecutors: "The government always wins when justice is done." Moussaoui smiled at that.

    It was a stinging defeat for the Justice Department and Deputy Attorney General Paul McNulty, a former federal prosecutor in Alexandria who was overseeing the case. He said afterward, "The jury has spoken and we respect and accept that verdict."

    Moussaoui is expected to spend the rest of his life at the federal maximum-security prison in Florence, Colo.

    In Paris, his mother, Aicha El Wafi, told France-Info radio: "I feel nothing. I am dead, because my son was wrongly convicted."

    The jury did not reach the unanimity required for a death sentence against the man who claimed a direct role in the Sept. 11 attacks even though he was in jail at the time on immigration charges.

    During the trial, no one contested the contention that Moussaoui came to the United States intending to do harm and that he received flight training toward that goal. But his lawyers contended he was an al-Qaida outcast who was not trusted with the knowledge of the Sept. 11 plot.

    Outside the courthouse, defense attorney Gerald Zerkin said of the jurors: "It was obvious that they thought his role in 9/11 was not very great and that played a significant role in their decision."

    The jurors agreed unanimously Moussaoui "knowingly created a grave risk of death" for more than the intended victims of Sept. 11 and committed his acts with "substantial planning" -- accepting two of the aggravating factors necessary for a death sentence.

    But they did not give sufficient weight to those findings to reach a death sentence, balancing them against mitigating factors offered by the defense. No jurors, however, accepted defense arguments that Moussaoui was mentally ill or that he wished to be executed to achieve the radical Islamic vision of martyrdom.

    When the verdict was announced, Moussaoui showed no visible reaction and sat slouched in his chair, refusing to stand with his defense team. He had declined to cooperate with his court-appointed lawyers throughout the trial.

    When the jurors came into the room, a couple of them looked directly at Moussaoui but most did not, looking at the judge instead. They all wore sober expressions. One dark-haired young man shook his head no before the verdict was read.

    When the judge asked the jurors if their verdict was the same on all three counts, the forewoman, a high school math teacher, was joined by several other jurors in answering, "Yes."

    The verdict was received with silence in the packed courtroom, where one row was lined with victims' families.

    The jurors were divided on the 23 mitigating factors in the case: None was moved by the fact that top al-Qaida operatives in U.S. custody are not facing death penalty prosecutions, but three cited racism that Moussaoui faced as a child of Moroccan descent.

    The closest the jurors came to unanimity in finding mitigating factors was on two questions involving his troubled childhood. On the first count of conspiracy to commit international terrorism, nine cited his unstable early childhood including stays in orphanages and a lack of emotional and financial support, and nine also cited physical and emotional abuse by his father.

    But on the two other counts -- plotting to destroy aircraft and to use weapons of mass destruction -- those two family factors received less support: eight and seven and seven and six, respectively. Those were the only differences in the verdicts on the three counts.

    In their successful defense of Moussaoui, his lawyers revealed new levels of pre-attack bungling of intelligence by the FBI and other government agencies. By the trial's end, the defense team was portraying its uncooperative client as a delusional schizophrenic. They argued he took the witness stand to confess a role in Sept. 11 that he never had -- all to achieve martyrdom through execution or for recognition in history.

    They overcame the impact of two dramatic appearances by Moussaoui himself -- first to renounce his four years of denying any involvement in the attacks and then to gloat over the pain of those who lost loved ones.

    Using evidence gathered in the largest investigation in U.S. history, prosecutors achieved a preliminary victory last month when the jury ruled Moussaoui's lies to federal agents a month before the attacks made him eligible for the death penalty because they kept agents from discovering some of the hijackers.

    But even with heart-rending testimony from nearly four dozen victims and their relatives -- testimony that forced some jurors to wipe their eyes -- the jury was not convinced that Moussaoui, who was in jail on Sept. 11, deserved to die.

    The case broke new ground in the understanding of Sept. 11 -- releasing to the public the first transcript and playing in court the cockpit tape of United 93's last half hour. The tape captured the sounds of terrorists hijacking the aircraft over Pennsylvania and passengers trying to retake the jet until it crashed in a field.
    No One Knows Everything. Only Together May We Find The Truth JG


  8. #58
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    Moussaoui: "I Lied About 9/11."

    http://abclocal.go.com/wpvi/story?se...rld&id=4153666

    ALEXANDRIA, Va. (AP) - May 8, 2006 - Convicted Sept. 11 conspirator Zacarias Moussaoui says he lied on the witness stand about being involved in the plot and wants to withdraw his guilty plea because he now believes he can get a fair trial.

    In a motion filed Friday but released Monday, Moussaoui said he testified March 27 he was supposed to hijack a fifth plane on Sept. 11, 2001, and fly it into the White House "even though I knew that was a complete fabrication."

    A federal court jury spared the 37-year-old Frenchman the death penalty last Wednesday. On Thursday, U.S. District Judge Leonie Brinkema gave him six life sentences, to run as two consecutive life terms, in the federal supermax prison at Florence, Colo. At sentencing, she told Moussaoui: "You do not have a right to appeal your convictions, as was explained to you when you plead guilty" in April 2005. "You waived that right."

    She said he could appeal his sentence but added, "I believe it would be an act of futility."

    Moussaoui's court-appointed lawyers told the court they filed the motion even though a federal rule "prohibits a defendant from withdrawing a guilty plea after imposition of sentence." They did so anyway because of their "problematic relationship with Moussaoui" and the fact that new lawyers have yet to be appointed to replace them.
    No One Knows Everything. Only Together May We Find The Truth JG


  9. #59
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    Moussaoui Asks to Withdraw Guilty Plea
    AP


    Convicted Sept. 11 conspirator Zacarias Moussaoui says he lied on the witness stand about being involved in the plot and wants to withdraw his guilty plea because he now believes he can get a fair trial from an American jury.

    U.S. District Judge Leonie Brinkema denied Moussaoui's request Monday afternoon, saying the motion was "too late."

    In a motion filed Friday but released Monday, Moussaoui said he testified on March 27 that he was supposed to hijack a fifth plane on Sept. 11, 2001, and fly it into the White House "even though I knew that was a complete fabrication."

    A federal court jury spared the 37-year-old Frenchman the death penalty last Wednesday. On Thursday, Brinkema gave him six life sentences, to run as two consecutive life terms, in the federal supermax prison at Florence, Colo.

    Explaining his latest reversal, Moussaoui said in an affidavit: "I was extremely surprised" by the life sentence.

    "I had thought I would be sentenced to death based on the emotions and anger toward me for the deaths on Sept. 11, but after reviewing the jury verdict and reading how the jurors set aside their emotions and disgust for me and focused on the law and the evidence ... I now see that it is possible that I can receive a fair trial even with Americans as jurors."

    At sentencing, Brinkema told Moussaoui, "You do not have a right to appeal your convictions, as was explained to you" when he pleaded guilty in April 2005. "You waived that right," she said.

    Brinkema said Moussaoui could appeal his sentence but added, "I believe it would be an act of futility."Moussaoui's court-appointed lawyers told the court that they filed the motion even though a federal rule "prohibits a defendant from withdrawing a guilty plea after imposition of sentence." They did so anyway, they said, because of their "problematic relationship with Moussaoui" and the fact that new lawyers have yet to be appointed to replace them.

    The defense lawyers were not immediately available for comment Monday. Brinkema said they would be replaced after they filed any appeal Moussaoui might want.

    The motion said Moussaoui told his lawyers Friday that he wanted to withdraw his guilty plea because when he entered it his "understanding of the American legal system was completely flawed."

    In an attached three-page affidavit, Moussaoui cited his new opinion of American jurors and wrote that he now believes he has a fair chance "to prove that I did not have any knowledge of and was not a member of the plot to hijack planes and crash them into buildings on Sept. 11, 2001."

    "I wish to withdraw my guilty plea and ask the court for a new trial to prove my innocence of the Sept. 11 plot," Moussaoui wrote. "I have never met (lead 9/11 hijacker) Mohammed Atta and, while I may have seen a few of the other hijackers ... (in Afghanistan), I never knew them or anything about their operation."

    Explaining his twists and turns, Moussaoui said, "Solitary confinement made me hostile toward everyone, and I began taking extreme positions to fight the system."

    Moussaoui said that, coupled with his inability to get a Muslim lawyer, led him to distrust his lawyers when they told him he could be convicted of being an al-Qaida member but acquitted of involvement in 9/11.

    Moussaoui wrote that he pleaded guilty because he mistakenly thought the Supreme Court would immediately review his objection to being denied the opportunity to call captured enemy combatant witnesses to buttress his claim of not being involved in the 9/11 plot.

    An appeals court agreed with the government that national security would be at risk if captured operatives like 9/11 mastermind Khalid Shaikh Mohammed testified or were even questioned by Moussaoui's lawyers. Instead, statements taken from their interrogations were read to the jury.

    Shaikh Mohammed's statements said Moussaoui was never considered for the 9/11 plot, only a later attack.

    Moussaoui shocked the courtroom at his sentencing trial when he recanted his four-year-old claim of having nothing to do with 9/11. When he pleaded guilty in 2005, he had explained that he was to hijack a 747 jetliner and fly it into the White House at some later date if the United States refused to release a radical Egyptian sheik who is serving a life term for terrorist acts in New York.

    But when he testified, Moussaoui claimed that the 747 was to be a fifth plane hijacked on Sept. 11 and that Richard Reid, now imprisoned for a December 2001 shoe bombing attempt aboard a trans-Atlantic flight, was to be on his hijacking team.

    That testimony revived the government's flagging case in the first part of the sentencing trial.

    On April 3, the jury found Moussaoui eligible for the death penalty. It apparently accepted prosecutors' arguments that by withholding information from federal agents who arrested him on Aug. 16, 2001, he bore responsibility for at least one death on 9/11 by preventing the agents from identifying and stopping some hijackers.

    Nevertheless, the same jury was unable to unanimously find that Moussaoui, who was in jail on 9/11, deserved execution. Three jurors wrote on the verdict form that they doubted he knew much about the 9/11 plot.

    After Moussaoui's testimony, his lawyers made clear in court that they thought he was lying to achieve martyrdom through execution. Prosecutors even stipulated that the government doubted Moussaoui's claim that Reid was part of his team. And the judge told lawyers, out of the jury's hearing, that she doubted his testimony about how much he knew about the 9/11 plot.


  10. #60
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    "Um, yeah... I don't want to go to prison for the rest of my life, sitting in a hole with no sound. I'd like to withdraw my plea. Ok, well... see you guys later."
    No One Knows Everything. Only Together May We Find The Truth JG


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