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Moussaoui Jury Begins Deliberations

By Jeralyn, Section Terror Trials
Posted on Mon Apr 24, 2006 at 01:27:59 PM EST
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The jury began deliberating whether Zacarias Moussaoui should get the death penalty or life in prison without parole at 2:26 pm today. After the prosecution's argument asking for death,

Defense lawyer Gerald Zerkin countered that Moussaoui's contempt for the victims and the trial "is proof that he wants you to sentence him to death. He is baiting you into it. He came to America to die in jihad and you are his last chance."

Zerkin said the jury can instead "confine him to a miserable existence until he dies and give him not the death of a jihadist ... but the long slow death of a common criminal."

Zerkin also asked jurors to keep an eye on history, noting that even in the Nuremberg trials after World War II, only 11 death sentences were handed out for "the worst atrocities in the history of man."

He said Moussaoui is "a veritable caricature of an al-Qaida terrorist" and "the only al-Qaida operative inept enough to be captured before 9/11." "This is about history, it is about how our justice system responded to the worst terrorist attack on our soil," Zerkin said.

The judge gave extra praise to defense counsel:

U.S. District Judge Leonie Brinkema commended both sides for their handling of the difficult case and singled out the burden of the defense lawyers in having to represent someone who rejected them at every turn. "There never has been a defendant as difficult as this one," she said, "who did everything he could to undermine your efforts."

Moussaoui's reaction during closing arguments today:

During a recess in closing arguments, Moussaoui said: "Our children will carry on the fight."

As he left the courtroom, he raised his hands in the air, smiling, and clapped as if he'd finished watching a performance.

You can view the verdict form here.
(pdf). The mitigating factors begin on page 6.

After considering all possible aggravating and mitigating factors, the jury, assuming it finds there was at least one statutory aggravating factor, will decide:

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, by unanimous vote, determine that a sentence of death shall be imposed.

Or it will decide:

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, do not unanimously find that a sentence of death shall be imposed on the defendant.

The jury has been instructed that if it does not impose a death sentence, Moussaoui will receive a sentence of life without the possibility of parole.

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    Moussaoui Jury Begins Deliberations | 3 comments (3 topical)
    Re: Moussaoui Jury Begins Deliberations (none / 0) (#1)
    by Scrutinizer on Mon Apr 24, 2006 at 01:50:27 PM EST
    "Please sentence my client to life in prison so that he with suffer a long, lingering death." LOL! That's gotta be the strangest argument I've heard.

    Re: Moussaoui Jury Begins Deliberations (none / 0) (#2)
    by scribe on Mon Apr 24, 2006 at 02:02:57 PM EST
    Scrutinzer: Yes, it is a strange argument, but it is appropriate. I had the privilege of a law school class taught by a distinguished federal appeals court judge. The discussions often ranged far afield from the syllabus, but one exchange (of many) sticks out in my memory. Judge: "in defending a capital case, all else stands aside for one thing - keep him out of the chair. It doesn't matter if he's convicted; if you keep him out of the chair, you've succeeded. If he's truly innocent and you've kept him out of the chair, the rest can be dealt with later. But keep him out of the chair." Given that this judge, unlike many of today's, had actually done criminal defense work (among other things), I placed and place a lot of value on his statements. Oh, and if they manage to keep Moussaoui out of the chair, think of the propaganda victories they'll deny W and Abu Gonzales and all the Torture Boys in the admin.

    Re: Moussaoui Jury Begins Deliberations (none / 0) (#3)
    by Talkleft Visitor on Mon Apr 24, 2006 at 03:31:53 PM EST
    "Please sentence my client to life in prison so that he with suffer a long, lingering death." LOL! That's gotta be the strangest argument I've heard.
    How do you punish a man who worships death and matyrism? Who wants to glorify himself before his god?
    "give him not the death of a jihadist ... but the long slow death of a common criminal."
    The punishment should fit the crime, aye? And for such an egregious, overwhelming crime, we want the punishment to be similarly heavy-handed. This isn't about "sparing" a terrorist in the vain hope that it will reduce terrorism, so don't even raise that straw man. This is about locking a man in his own personal hell: A nameless, faceless criminal, no more feared or talked about in his waning years than the convenience store killer the next cell over. He sought uniqueness; we shall give him anonymity.

    Moussaoui Jury Begins Deliberations | 3 comments (3 topical)