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Moussaoui death penalty ruled out

A US federal judge has ruled that prosecutors may not seek the death penalty for the only person in the US charged over the 11 September attacks.

District Judge Leonie Brinkema did not agree to drop all charges against Zacarias Moussaoui - but she barred prosecutors from arguing that he had been involved in the attacks.

The prosecution of Mr Moussaoui has been dogged by a row over his request to interview other al-Qaeda suspects being held in US custody, who he says would prove his innocence.

The government has refused to allow him access to the detainees on grounds of national security, a fact that the judge said could prejudice his trial.

Mr Moussaoui, a 35-year-old French citizen of Moroccan origin, was indicted 21 months ago on four counts of conspiracy to commit terrorism, which carry the death penalty.

He had been under arrest on immigration charges when hijackers crashed civilian airliners into the World Trade Center and other targets, killing more than 2,800 people.

Judge Brinkema said government prosecutors could not argue that the defendant was involved in, or had knowledge of, planning the attacks.

She postponed the effect of her ruling so the government could appeal.

The BBC's Jon Leyne in Washington says that even if Mr Moussaoui is cleared by the civilian court, he could still be turned over to a military one.

'Simply unfair'

Mr Moussaoui and his court-appointed defence team had been seeking the full dismissal of the charges.

Ironically, the government had also asked for their dismissal, believing that this would be the quickest route to intervention by an appellate court.

Mr Moussaoui had been seeking to interview three major al-Qaeda suspects who are being held by the US at undisclosed locations:

Khalid Shaikh Mohammed, alleged to be the 9/11 mastermind;
Ramzi Binalshibh, believed to be a key planner of the attacks;
Mustafa Ahmed al-Hawsawi, believed to be an al-Qaeda financier.

Judge Brinkema ruled on Thursday that the US authorities were denying the defendant the right to important witnesses.

"The United States may not maintain this capital prosecution while simultaneously refusing to produce witnesses who could, at a minimum, help the defendant avoid a sentence of death," she wrote.

"It would simply be unfair to require Moussaoui to defend himself against such prejudicial accusations while being denied the ability to present testimony from witnesses who could assist him in contradicting those accusations."

'20th hijacker'

Prosecutors have argued that Mr Moussaoui's actions mirror those of the 19 hijackers behind the 11 September attacks.

He went through flight instruction, is alleged to have received money from a terrorist suspect and is alleged to have been trained at an al-Qaeda camp.

However, the US authorities have not offered evidence of a direct link between Mr Moussaoui and the hijackings.

He has said in court that he provided a guest house for al-Qaeda members, but insisted that he was not involved in the attacks.

Mr Moussaoui told the court he was a member of al-Qaeda and had sworn a pledge of allegiance to Osama Bin Laden but he later withdrew the remarks.

No Death Penalty in Moussaoui Case, U.S. Judge Says

By James Vicini

WASHINGTON - A federal judge ruled on Thursday that prosecutors cannot seek the death penalty and cannot present any evidence Zacarias Moussaoui knew of or was involved in the Sept. 11, 2001, attacks because the U.S. government refused to allow him to question al Qaeda captives.

The sanctions by U.S. District Judge Leonie Brinkema effectively prevent the prosecutors from making the heart of their case against Moussaoui, the only person charged in the United States for the hijacked plane attacks that killed 3,000 people.

Brinkema refused to take the widely expected step of dismissing all charges against Moussaoui as the sanction for the government's refusal to give him and his lawyers access to top al Qaeda operatives who may provide helpful testimony.

"That the United States has deprived Moussaoui of any opportunity to present critical testimony from the detainees at issue in defense of his life requires, as a sanction, the elimination of the death penalty as a possible sentence," she wrote.

Moussaoui, a Frenchman of Moroccan descent who was being held in Minnesota on immigration charges when the attacks occurred, still could be sentenced to life in prison if convicted. He is now being held in a Virginia jail while awaiting trial.

Brinkema said prosecution of the case still can go forward with the sanctions she imposed.

Her decision was surprising, as Moussaoui and his lawyers had recommended dismissal, and even the prosecutors said they would not object to dismissal of the indictment as the surest way to get prompt review of the issues on appeal.

Moussaoui seeks to question Khalid Sheikh Mohammed, the accused mastermind of the attacks; Mustafa Ahmed al-Hawsawi, believed to be one of the financiers of the attacks, and Ramzi bin al-Shaibah, the man suspected of coordinating them.

All three were captured abroad and are being held by the United States at an undisclosed location overseas. Brinkema said the detainees could provide helpful testimony for Moussaoui.

Moussaoui denies being involved in the Sept. 11 attacks but has admitted being a member of Osama bin Laden's al Qaeda network, which the United States blames for the attacks.

Brinkema explained why the death penalty cannot be sought.

"Consistent with well-established principles of due process, the United States may not maintain this capital prosecution while simultaneously refusing to produce witnesses who could, at a minimum, help the defendant avoid a sentence of death," she wrote.

Brinkema also explained why prosecutors cannot present any evidence or argument that Moussaoui had been involved in or knew about the planning and execution of the attacks.

Brinkema said her ruling will not take effect until the U.S. government has had a chance to appeal.

U.S. Attorney Paul McNulty, who leads the prosecution team, said they were studying the ruling to determine how best to proceed.

But he said in a statement, "The interests of justice require that the government have the opportunity to prove the full scope of the conspiracy alleged in the indictment, which include the brutal attacks on September 11, 2001."

Edward MacMahon, one of the court-appointed defense lawyers, told reporters the ruling sought to balance the government's national security concerns against Moussaoui's fair trial rights.