Defense Files Objection to Reconsideration of Moussaoui Ruling

Attorneys for Zacarias Moussaoui filed this objection (pdf) today to the Government's request (discussed here and here) that Judge Brinkema reconsider her ruling to exclude aviation evidence and witnesses from the death penalty trial of Zacarias Moussaoui. They say the Government has inaccurately minimized TSA lawyer Carla Martin's involvement with the case.

It is worth noting that Ms. Martin, at least, has worked with the prosecution team itself, as well as with the aviation witnesses in reference to this particular case. That is more evidence of direct involvement with the misconduct at issue here than the Government will adduce about Mr. Moussaoui's involvement with the hijackers, yet it considers that connection sufficient to actually execute him.

The Judge at Tuesday's hearing had this to say about Ms. Martin (Transcript, p. 202):

Here is my problem: This woman is involved in a significant portion of your case. She is included on some of your pleadings to this Court. She is cc'd on some of the letters that you-all were sending to the defense team. And my problem is that her involvement in that portion of this case in my view so taints anything that she might have touched, how could any rational trier of fact rely upon any representation made by her?

As to Ms. Martin's agenda, and my earlier speculation that it relates to the 9/11 civil litigation involving American and United Airlines, and that Ms. Martin's actions were not aimed at helping the Government convict Moussaoui but in avoiding a liability judgment in the 9/11 civil case, check out this letter attached to today's defense pleading. It is from the plaintiff's lawyers in the 9/11 civil litigation to the Judge presiding in that case, and raises very similar concerns.

Update: The AP finally reports on the connection. Two days after TalkLeft.

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    Re: Defense Files Objection to Reconsideration of (none / 0) (#1)
    by nolo on Thu Mar 16, 2006 at 07:05:05 PM EST
    Bob Clifford is a Big Cheese in the plaintiffs' aviation bar. In case anyone was wondering who the players are.

    Re: Defense Files Objection to Reconsideration of (none / 0) (#2)
    by caramel on Fri Mar 17, 2006 at 07:33:28 AM EST
    The motion is very compelling, let's hope Judge Brinkema won't change her mind. It would be a terrible decision for the justice system.

    Re: Defense Files Objection to Reconsideration of (none / 0) (#3)
    by roger on Fri Mar 17, 2006 at 07:47:31 AM EST
    She should be disbarred immediately