Judge Issues Compromise Order on Moussaoui Aviation Evidence
Judge Lonnie Brinkema has modified her previous order banning aviation evidence and witnesses in the death penalty trial of Zacarias Moussaoui.
Judge Leonie Brinkema in a written order said prosecutors could present exhibits and a witness or witnesses if they are untainted by contact with Transportation Security Administration lawyer Carla J. Martin, cited by Brinkema for misconduct earlier this week when the judge decided to exclude all aviation security evidence. "The government's proposed alternative remedy of allowing it to call untainted aviation witnesses or otherwise produce evidence not tainted by Ms. Martin has merit," Brinkema wrote.
The order is here (pdf). In it the Judge writes:
A government aviation witness may testify as to what the United States government "could" have done to prevent the attacks, had the defendant disclosed in August 2001 the facts that he admitted in pleading guilty. The witness, or witnesses, may not, however, testify as to what the United States government
"would" have done with this information, as such testimony would be unduly speculative and misleading to the jury.
We're back to square one. This case should be dismissed based upon the cumulative misconduct of the Government.
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