March 29



TEXAS:

Guilty plea expected today in '99 Atascosa cop ambush

7 years after a 911 call lured a trickle of law-enforcement officers into
an ambush, the man accused of helping plot the slaughter that killed 3 and
wounded 2 said Tuesday he'd plead guilty Wednesday to murder.

Kenneth Vodochodsky's plea, scheduled to be entered in Karnes County this
morning, would settle the last dispute from the Atascosa County tragedy,
often described as one of the worst massacres of law officers in Texas
history.

The deal also would close the case just as abruptly as it was reopened 2
years earlier when the state's highest criminal court declared that there
wasn't enough evidence to convict Vodochodsky and condemn him to death.

A rematch was scheduled for May, but this time prosecutors decided not to
seek the death penalty. The 25-year-old defendant would have rather risked
death.

"I sure don't want to spend the rest of my life in prison," Vodochodsky
said in Atascosa County Jail. "At least this way, I wouldn't."

Now, freedom might not be far off for Vodochodsky, assuming State District
Judge Stella Saxon approves the deal.

The plea bargain calls for a 30-year sentence but opens the door to
possible parole after 15 years. With credit for time served, Vodochodsky
already is almost halfway to the point where he becomes eligible for
release.

Vodochodsky's prosecution was especially emotionally charged and unusual,
even for a capital murder case. Two elements provided the extra heat: the
viciousness of the crime and the relatively slim evidence of Vodochodsky's
participation.

When the Texas Court of Criminal Appeals tossed out his death sentence in
2004, it found the evidence merely showed Vodochodsky had "the bad luck of
being the friend and roommate of a man determined to kill police officers
and himself."

That man was Jeremiah Engleton, whose life, by various accounts, was
spiraling downward when he was arrested for attacking his wife on Oct. 11,
1999. The next day, Engleton returned home and dialed 911.

Hiding in the dusk and armed with several weapons, he shot the officers as
they arrived, killing Atascosa County sheriff's Deputies Thomas Monse Jr.
and Mark Stephenson and Texas State Trooper Terry Miller.

Engleton wounded 2 others before turning a gun on himself as additional
officers closed in. With Engleton dead, Vodochodsky soon emerged as a
suspected accomplice.

Not only had he bailed Engleton out of jail, the 2 firearms enthusiasts
had then visited a gun store where Engleton stocked up on ammunition.
Furthermore, Vodochodsky left their mobile home only after Engleton placed
the 911 call.

Additional pieces of circumstantial evidence and testimony convinced
jurors at the 2001 trial that Vodochodsky not only helped Engleton
prepare, but also lingered long enough to help shoot the first 2 officers
to arrive. When the verdict was overturned, it was the 1st time that the
court threw out a death penalty conviction for lack of evidence.

But as the months passed, investigators found new witnesses. Each
potentially added to the pile of circumstantial evidence.

In the end, Vodochodsky said a plea looked like the safest way out.

In April, a clerk at the Pleasanton Texas Stop-N-Go told investigators in
a sworn statement that she had seen Vodochodsky stop to put gas in a
motorcycle the night of the shooting.

No motorcycle had been mentioned at the first trial, and Vodochodsky says
he doesn't even know how to ride one. But the clerk's testimony could have
helped prosecutors explain why no witnesses saw his car at the scene of
the shooting.

In June, a 50-year-old man gave investigators another sworn statement. He
said that hours before the shooting he met Engleton and Vodochodsky at a
convenience store.

Vodochodsky was silent, but Engleton said they were going to ambush some
pigs that kept coming onto his property. Engleton even invited the man to
join in the shooting, according to the affidavit.

Vodochodsky said that while both stories were false, they showed the
investigators' determination.

"They know these people are lying yet they're using them anyway," he said.
"They're going to do whatever they can to keep me locked up."

The final straw came with a 3rd witness, one of Engleton's former
classmates. She said Engleton told her he was planning with his best
friend to target some Atascosa County officers who were hassling him.

Vodochodsky saw the woman's statement on Friday for the 1st time. There's
no way her story could be true, he said, but on Monday, he signed the plea
agreement.

Ren Pea, the district attorney for the region that includes Atascosa and
Karnes counties, didn't return calls for comment.

Vodochodsky's attorney Alan Futrell described the plea as the best
possible ending.

"It's a good agreement because neither side is happy," he said.

"Neither side can say, 'We won.'"

For Vodochodsky, even his unprecedented victory at the appellate court
seems relatively hollow in hindsight.

Once his death sentence was overturned, and the district attorney decided
not to seek another one, the case drained of urgency.

Without a lethal injection hanging over his head, he feared that
activists, reporters and appellate judges would turn their attention to
death penalty cases.

And he'd be left with a long life behind bars.

"If the death penalty were still on the table," Vodochodsky said,

"I'd probably still go to trial."

(source: San Antonio Express-News)






USA:

Doctors and Executions


It may turn out, surprisingly, that the medical profession holds the key
to ending this country's longstanding and dishonorable link to other
nations that continue to shackle and kill some offenders. Capital
punishment is horrifying and ineffective, and it's also beneath the
international stature of the United States. Do we want to be at the same
moral latitude as Libya, Iran and Iraq?

Only 2 fully democratic and developed countries in the world -- the United
States and Japan -- still employ capital punishment.And executions are
distasteful in any number of ways, even to those who carry them out. A
recent New York Times article covered the emotional damage done to those
who participate and the importance of "moral disengagement" for them. The
prison system tries mightily to remove individual culpability from
correction officers who handle the killing, but it's to no ultimate
success.

Here's what that means: each aspect of an execution is handled by
different people. Does the correctional officer who straps down the
condemned man's left arm actually kill him? What about the officer who
shackles his feet for the walk to the gurney? Or the one who puts the
needles in his veins, or the ones who actually depress the syringes?

Which of these men actually kills the prisoner? Exactly -- it's impossible
to say. It also allows these participants in the deaths to rationalize
away their roles: "Hey, I only bought the chemicals; I didn't kill him."

In a cockeyed way, this makes sense in our system, in which "the people"
convict and then carry out the execution. If no one person can be pinned
down, then all of us are the executioners.

Well, I say, that's not acceptable -- I want no killing done in my name.

This is a system that allows the participants, from the correction officer
to the governor, to hide behind the procedure and disclaim the fact of
having executed the prisoner.

If capital punishment is good for our country, then why sanitize it to the
extent it has been? If Gov. Mike Easley really believes in this, let him
hand a loaded firearm to a lone shooter, who would put a bullet into the
back of the neck of a bound, kneeling man. That's the way China has done
it, and it was done in public, too. At least that system has the
appearance of deterring other capital crimes.

And there would be no question of what the prisoner was going through,
unlike the issues recently raised by the use of the lethal injection. With
cruder forms of execution -- gassing, shooting, electrocuting -- there is
little question of the mechanism and cause of death. But lethal injection
has raised some troubling issues, particularly on the question of whether
the condemned is suffering pain during the course of dying. This is where
the physicians might help spell the end of capital punishment.

In North Carolina, state law requires executions to be attended by
doctors, who certify the death. But in doing so, they violate ethical
guidelines of the profession.

In California, an execution was actually called off because the prison
system could not come up with any physicians -- anesthesiologists in this
case -- to monitor the death of Michael Morales.

The problem is whether the amounts and sequence of chemicals render the
prisoner truly senseless, so that he does not suffer severe pain during
the actual process of dying. Autopsies have found that in a number of
cases, the amounts of chemicals in the body were not sufficient to induce
this degree of unconsciousness and the prisoner, while motionless, would
be in great pain.

If the prison system were genuinely concerned with administering a
painless death -- the goal, after all, of lethal injection -- there is a
way to achieve it. A "bispectral index" monitor can be used to assess, by
analyzing an electroencephalogram, the depth of unconsciousness.

Increasingly common in surgery, the bispectral index could guide the
administration of the fatal chemicals to ensure that enough are used.

Of course the correctional system knows these monitors exist -- their use
was approved in 1996 -- but they do not employ them. And why not? I
suspect their use would begin to bridge in a perverse and uncomfortable
way the distance between the operating room and the death chamber and, in
turn, the gap between physician and executioner.

Doctors in California were absolutely right to refuse to participate, and
the same is true for doctors in North Carolina. They must work to increase
-- not shrink -- the gulf between them and capital punishment. With
physicians' refusals to have anything to do with executions, the death
penalty will become harder to carry out.

But more than that, those refusals will call further attention to the
future of capital punishment and encourage all the states, and the United
States, to join the majority of countries worldwide that ban execution as
a means of punishment.

(source: Point of View; Bob Kochersberger, who teaches journalism at N.C.
State University; News & Observer, March 28)

********************

Victims of death penalty 'closure'


The past few weeks have been rife with the prospect of closure denied.

The families of Slobodan Milosevic's tens of thousands of victims were
ostensibly denied closure when he died before the conclusion of his war
crimes tribunal. The decision over where to try exiled Liberian ruler
Charles Taylor turns largely on how to afford closure to his victims. And
the families of those killed in the Sept. 11, 2001, attacks despaired that
government misconduct had ended not only the prosecution, but also their
one chance at closure. "I felt like my heart had been ripped out," said
Rosemary Dillard, whose husband died in the attack on the Pentagon. "I
felt like my husband had been killed again."

The death penalty trial of Zacarias Moussaoui has been touted by the
government as a way to bring resolution to bereft families.

Hundreds watch the proceedings on remote, closed-circuit televisions.
Dozens will testify about their losses. This will be their "day in court."
Since as far back as 2002, when then-Attorney General John Ashcroft
announced he'd seek the death penalty for Moussaoui to "carry out
justice," it's been assumed that this outcome would bring closure. Just
as, in 2001, when Ashcroft decided that family members of the Oklahoma
City bombing victims could witness the execution of Timothy McVeigh on
closed-circuit television, he said it would "meet their need for closure."

Why? What's the empirical basis for the government assumption that all, or
even most, victims of terrible tragedy will find "closure" through
protracted trials and executions?

To the extent the data on the needs of victims suggests anything at all,
it says there is no magical solution, no one-size-fits-all mechanism to
afford closure to the victims and survivors of violent crime. That makes
the Justice Department's message that healing requires victim
participation in the Moussaoui trial and an eventual execution for the
offender even more disturbing; it offers the illusion of
government-approved "closure" to thousands of people who desperately seek
it, but may not ever find it here.

In a seminal 1985 law review article, law professor Lynne Henderson
examined the relationship between victims' rights and criminal justice
policy. Looking carefully at the psychological data on the needs of
victims, Henderson discovered a wide array of responses to tragedy --
responses that differ widely from victim to victim, and that change
significantly over a victim's lifetime.

More crucially, Henderson's research reveals "common assumptions about
crime victims -- that they are all 'outraged' and want revenge and tougher
law enforcement -- underlie much of the current victim's rights rhetoric.
But in light of the existing psychological evidence, these assumptions
fail to address the experience and real needs of past victims."

Criminal trials and the promise of an execution offer a seemingly
appealing tool for assigning blame and channeling rage. But many crime
victims have reported that the endless repetition of their tragic stories,
the formal legal rules, and the years and years between appeals only serve
to increase stress and delay healing.

This isn't to say that many victims of 9/11 don't want to see Moussaoui
executed. As the mother of one victim told ABC News, "I was looking to
this trial to see if we could eradicate one evil person, to remove one
force of evil from this beautiful world."

It is to say that in promoting the notion that only a death penalty can
afford closure, the prosecution is disregarding the wants and needs of
many others.

This is not the 1st time we have seen this phenomenon: The survivors of
the Oklahoma City bombings who didn't want to see McVeigh executed were
not permitted to offer victim impact statements. As Bruce Shapiro pointed
out in a 1997 essay in Salon, the terror trial that made "victim closure"
a national buzzword was structured such that "any victim or relative who
wanted to play a part in the sentencing phase of the trial first had to
pass a death-penalty loyalty test."

Many, many victims of violent tragedy object to this assumption that their
interest in justice is congruent with that of state prosecutors seeking
the death penalty. Just last month, Vicki Schieber, the mother of Shannon
Schieber, a Wharton Business School student murdered in 1998 by a serial
rapist, testified before the U.S. Senate's subcommittee on the
Constitution, civil rights and property rights. As she told the committee:
"The word closure is invoked so frequently in discussions of victims and
the death penalty that victims' family members jokingly refer to it as
'the c word.' But I can tell you with all seriousness that there is no
such thing as closure when a violent crime rips away the life of someone
dear to you."

Schieber testified that a single-minded government focus on executions
shifts the focus away from other, more meaningful legal reforms that might
better honor victims and support their families.

This jibes with Henderson's empirical data, which suggests that more than
anything -- maybe even executions -- the families of tragedy victims
ultimately need answers. They need to know "why."

Perhaps it's no accident, then, that so many of the 9/11 families who are
avidly following the Moussaoui trial say they are not doing so in the
hopes of a death sentence. Some don't want to give Moussaoui the martyr
status he craves. Many others just seem to be looking for answers.

As Blake Allison, whose wife was killed, told the Washington Post: "I felt
the government wasn't telling us all that it knew."

Fiona Havlish, who lost her husband, echoed that: "I think what all of us
are looking for is the truth, and the truth has not been forthcoming out
of Washington."

And if Henderson's data are right, and what most 9/11 victims need is
answers, you have to wonder whether the government is in fact victimizing
them twice with this crazy trial. Not only is the Bush administration
still withholding vital information that might afford them comfort. It's
also proving that government incompetence, bureaucracy and willful
blindness were as much the reason "why" as Zacarias Moussaoui.

(source: Opinion, Dahlia Lithwick, who covers legal affairs for Slate; Her
opinion appeared in the Washington Post)




CALIFORNIA:

Slaying may land 'Nut Case' killer on death row ---- Even defense admits
shooting of coach was worst of crimes


A jury convicted Demarcus Ralls last week of 4 murders in Oakland's "Nut
Case" crime spree, but prosecutors are banking on a 5th killing that was
never mentioned during Ralls' trial to help put him on death row.

An Alameda County prosecutor used the unusual tactic of telling jurors
about the killing of Joseph "Doc" Mabrey, who was slain shortly before
Ralls turned 18, during his opening statements Tuesday in the death
penalty phase of Ralls' murder trial.

"There is yet more blood on the defendant's hands," said Assistant
District Attorney Darryl Stallworth.

Ralls is the first of 6 members of the Nut Cases gang to be tried in a
crime spree that included 5 killings and 23 robberies during a 10-week
period that ended with their arrests in January 2003. The remaining
defendants, including 2 of Ralls' half-brothers and a cousin, are expected
to go on trial later this year.

Jurors last week convicted Ralls, 21, of four of those murders and more
than a dozen robberies and attempted robberies. All of those crimes were
committed after he turned 18.

Although Ralls was indicted in the Mabrey killing, prosecutors decided to
try that case separately because Ralls was 17 at the time and, under state
law, would not be eligible for the death penalty. But prosecutors can cite
such offenses -- even if they've never been proved in a trial -- when
asking a jury to sentence a defendant to death.

That is what Stallworth did Tuesday when he told jurors that Ralls and his
fellow gang members carefully planned the killing of the popular
36-year-old youth sports coach on Oct. 24, 2002.

Even Ralls' lawyer, who argued that her client was the victim of a
disadvantaged childhood and should be sentenced to life in prison without
parole, conceded to jurors that the Mabrey killing was the worst crime
committed by the defendant.

But defense lawyer Deborah Levy insisted, "He is not the monster you have
heard about. ... There is value to him."

Mabrey was separated from his wife and dating Aminah "Nay-Nay"
Dorsey-Colbert, who was married to Ralls' half-brother Greg Colbert. When
Greg Colbert was paroled in October 2002, Stallworth said, he ordered his
wife and Ralls to kill Mabrey.

Stallworth said Dorsey-Colbert used a ruse to lure Mabrey to his death.

"She called and said she had been beaten by Greg and that she needed
help," the prosecutor said.

She introduced Ralls as her younger brother and asked Mabrey to give him a
ride home, the prosecutor said. Ralls directed Mabrey to the 3200 block of
Storer Avenue, where Ralls shot Mabrey in the head, Stallworth said.

Mabrey "was only trying to help Aminah Dorsey-Colbert," Stallworth told
the jury as he displayed a smiling photo of the coach. "He paid for that
call for help with a bullet to his head."

Ralls, dressed in white shirt and dark pants, stared at the witness table,
often with his hands over his head, during much of the proceedings. The
jury is expected to hear a tape of his confession to police in the Mabrey
case this week.

Levy made no effort to excuse or justify Ralls' role in the killings but
argued that the jury did not know the real Demarcus Ralls.

After beginning her presentation by playing the Billy Joel song "And So It
Goes" -- which features the lyrics, "Every time I've held a rose, it seems
I only felt the thorns" -- Levy said the song defined her client's life.
She described how Ralls was born to an imprisoned, drug-addicted mother
and then bounced among his parents and several foster homes, never knowing
a stable home.

"Mr. Ralls was desperately seeking a place to belong," she said. "If
allowed to live out his life in prison ... he can be of use to his
family."

She said Ralls looked up to Colbert, and was drawn into the bloody crime
spree after killing Mabrey. Levy said Ralls had no criminal convictions
before the Mabrey killing.

"Once you kill someone, it changes you for life," Levy said.

(source: San Francisco Chronicle)






VIRGINIA:

Moussaoui death penalty trial races towards a climax


The death penalty trial of Zacarias Moussaoui is racing towards a climax,
after a stunning day of testimony in which the Al Qaeda operative said
Osama bin Laden ordered him to fly a 5th hijacked jet at the White House
on September 11, 2001.

Moussaoui testified on Monday that British "shoe-bomber" Richard Reid was
to join him in the hijacking, and said he had lied about his involvement
while in jail in August 2001, to allow the attacks to go ahead -
confirming the central plank of the prosecution's case for his execution.

Defence lawyer Gerald Zerkin asked Moussaoui: "Before your arrest, were
you scheduled to be a pilot in the operation on September 11?"

"Yes," said Moussaoui.

"I was supposed to pilot a plane to hit the White House," Moussaoui added
in his 1st public claim that he was part of the same plot as the other 19
hijackers which killed nearly 3,000 people.

Jurors watched transfixed as Moussaoui delivered his bombshell, as Zerkin
asked who told him to fly a plane into the presidential mansion. "Osama
bin Laden," the Frenchman replied calmly, in an appearance sharply at odds
with his ranting performances at previous hearings. Defence lawyers claim
Moussaoui knew nothing of the 9/11 plot, and was a regarded as a nuisance
by the "real terrorists" in Al Qaeda.

Asked if he had lied to investigators Moussaoui replied: "Yes, you could
say that."

"The reason you told lies was so you could allow the operation to go
forward," Prosecutor Robert Spencer demanded, underlying the surreal
nature of the proceeding by referring to him as "Mr Moussaoui" as if he
was just any other witness.

"That is correct," Moussaoui replied.MO< "The reason you wanted to fly a
plane into the White House was because you wanted to kill Americans?"
Spencer asked.

"That is correct," Moussaoui said, after declaring that all Americans were
his enemy.

Moussaoui's testimony came after Judge Leonie Brinkema told the jury, who
must decide whether Moussaoui caused the deaths of any of the September 11
victims, and so should be executed, they may have the case by the end of
the week.

"There is a possibility, given the rate at which the trial is moving, that
you might have this case for deliberation by Friday," she said.

In later testimony, the court heard that the mastermind of the September
11 attacks, Khaled Sheikh Mohamed denied Moussaoui was ever to be part of
the September 11 plot.

Sheikh Mohamed said the Frenchman, the only person charged in connection
with September 11 in the United States, was in training for a "2nd wave"
of attacks that was put on the "backburner", according to testimony from a
US interrogation of the Al Qaeda planner who is now in secret custody.
"Sheikh Mohamed said he intended Moussaoui to participate in a follow-on
attack in the United States," said the testimony.

Moussaoui had demanded the right to testify in the case for four years,
but his court-appointed defence team tried to get the judge to bar him,
minutes before he stepped to the stand.

They argued that since Moussaoui did not recognise US justice, his oath to
tell the truth would be meaningless. But Brinkema said he had an absolute
right under US justice to testify - and was competent to do so.

Early in his riveting testimony, Moussaoui told how Reid was to be part of
his team targeting the White House.

Reid was not in the United States on September 11. He was detained on an
American Airlines Paris-Miami flight on December 22, 2001 after he tried
to detonate a shoe bomb. He is now serving a life prison term.

Moussaoui said he did not know the exact date of the attacks.

"I knew that it was planned for after August because I had to finish my
training. I knew the operation was to take place at the end of the summer.
I didn't have a specific date."

Moussaoui said he also did not know all of the targets, only that they
included the World Trade Center and the White House.

Asked if he was proud to be part of the plot, Moussaoui told the court: "I
am grateful."

2 hijacked planes hit and destroyed the World Trade Center towers in New
York killing 2,749 people. A 3rd ploughed into the Defence Department
headquarters in Washington, killing 125 people, and 4th crashed into a
field in Pennsylvania after a passenger uprising. About 100 people were
killed there.

(source: Agence France Presse)

****************

FBI Agent Says Moussaoui Was Looking to Make a Deal


In testimony, he details a secret negotiation at a Virginia jail. He says
the terrorist offered to help prosecutors in order to avoid the death
penalty.

In another twist to an already bizarre case, the last witness in the
Zacarias Moussaoui trial Tuesday described a secret, late-night jailhouse
meeting in February where he said Moussaoui tried to strike a deal with
prosecutors to cooperate with the government in order to save his life.

FBI Special Agent James Fitzgerald, one of the lead agents in the case,
said Moussaoui summoned him and federal prosecutors to the Alexandria city
jail in an attempt to persuade them that he was worth more to them alive
than dead.

But the bargaining in the jail law library on Feb. 6, a month before
Moussaoui's trial began, broke down when prosecutors demanded that
Moussaoui provide "full and complete" cooperation and tell everything he
knew about Al Qaeda, not just his role in the Sept. 11 conspiracy.

Fitzgerald testified that Moussaoui came away from the clandestine meeting
empty-handed.

Though Moussaoui's lawyers have said he wants to die a martyr, he told the
FBI and prosecutors that death in a prison execution chamber was not a
fitting end for an avowed terrorist such as himself.

"He stated it was different to die in battle like an F-16 pilot,"
Fitzgerald said, "than to die in jail like in a toilet."

Fitzgerald was the concluding witness in a trial full of surprises.

A government aviation lawyer was accused of improperly tampering with
witnesses, prompting the judge to exclude all but one aviation expert from
testifying and nearly gutting the government's case.

Then Moussaoui returned the favor: Taking the stand in his own defense, he
said he was supposed to fly a fifth plane into the White House on Sept.
11, and admitted the government's chief allegation - that he had lied to
the FBI after his arrest in August 2001 so the terrorist plot could go
forward.

Today, lawyers for both sides are to make closing arguments. Jurors will
then begin deliberations.

Moussaoui pleaded guilty in April. The jury's first task in the sentencing
phase is to decide if prosecutors proved that Moussaoui, a 37-year-old
student pilot from France, is eligible for the death penalty.

The government contends he is because his failure to cooperate with the
FBI in the weeks leading up to the attacks prevented agents from stopping
the airplane hijackings.

If all 12 jurors side with prosecutors, the trial will move to a second
phase to decide whether Moussaoui will be executed or spend the rest of
his life in prison with no chance of parole. If jurors do not, the trial
will be over and Moussaoui will automatically be sentenced to life.

Earlier Tuesday, defense lawyers played videos of Bush administration
officials testifying before the Sept. 11 Commission in 2004, in which they
admitted numerous lapses in the federal law enforcement network during the
summer of 2001. The defense argues that government ineptness, not
Moussaoui's secrecy, prevented agents from uncovering the plot.

Moussaoui's lawyers also had summaries of testimony read to the jury from
several Al Qaeda leaders confined outside the country. They generally
described Moussaoui as an unreliable member of Al Qaeda, and contradicted
his claim that he was to fly a plane into the White House or to play any
other role on Sept. 11.

One spoke of an odd plot that Moussaoui was trying to develop in Malaysia
involving a truck bomb made from as much as 40 pounds of ammonium nitrate.

"Moussaoui was very troubled; he was not right in the head," said Encep
Nurjaman, a Southeast Asian operative better known as Hambali.

He said terrorists in Malaysia purchased four pounds of the fertilizer,
and were stuck with the bill when Moussaoui abruptly left Southeast Asia
and eventually made his way to the United States and flight school.

But Fitzgerald stole the day when he testified as the government's single
rebuttal witness. He described the jailhouse negotiations with Moussaoui
as a "low-key, quiet and civil meeting." Moussaoui opened the session by
saying he wanted to testify in his trial - but as a government witness.

At the time, and even up until he took the stand Monday, his
court-appointed lawyers had repeatedly pleaded with him not to testify.
They even urged the judge not to allow it.

Moussaoui, clearly worried that his lawyers would block his chance to
testify, was turning to the FBI and prosecutors for help. Fitzgerald said
Moussaoui pledged to tell them and the jury everything he had done to
advance the Sept. 11 plot.

It was at that meeting, Fitzgerald said, that Moussaoui first claimed that
he was to pilot a 5th plane on Sept. 11 and fly it into the White House.

But the agent said the terrorist had declined to answer follow-up
questions and flatly refused to give them broader information about the
inner workings of Al Qaeda.

With that, Fitzgerald said, the talks fell through.

(source: Los Angeles Times)

****************

Defense Tries to Undo Damage Moussaoui Did


Defense lawyers trying to prevent the government from executing Zacarias
Moussaoui for the Sept. 11, 2001, attacks ended their case on Tuesday with
last-minute efforts to undo the damage he had inflicted on himself with
testimony in which he calmly agreed to the charges against him.

The lawyers presented the accounts of senior Qaeda terrorists who gave
statements from captivity to deflate Mr. Moussaoui's surprise claim on
Monday that he was to have played a major role in the Sept. 11 attacks.
The Qaeda officials, whose testimony was recited in court, portrayed Mr.
Moussaoui as an unreliable and unstable colleague who was unconnected to
the Sept. 11 plot.

"He had dreams about flying a plane into the White House," a South Asian
terrorist known as Hambali, captured in 2003, was quoted as saying.
Hambali said Mr. Moussaoui was known to be "not right in the head and
having a bad character."

Besides the account of Hambali, the defense on Tuesday offered the
recollections of Mustafa al-Hawsawi, a financial and travel planner for Al
Qaeda who worked closely with the Sept. 11 hijackers; Mohammed al-Qahtani,
who is widely believed to be the real missing "20th hijacker"; and a Qaeda
operative known as Khallad, whom investigators have linked to the bombing
of two American embassies in Africa in 1998 and the attack on the
destroyer Cole in Yemen 2000, as well as to the Sept. 11 plot.

Mr. Al-Qahtani is imprisoned at Guantnamo Bay, Cuba; the others are being
held in the secret detention system of the Central Intelligence Agency,
which is believed to house about two dozen senior Qaeda officials.

All provided statements that Mr. Moussaoui was never meant to be part of
the Sept. 11 plot.

Mr. Moussaoui's court-appointed lawyers, who did not want him to testify,
put on less than 2 full days of testimony, far less than did prosecutors.
In a brief rebuttal, prosecutors produced evidence that Mr. Moussaoui had
offered to testify for them against himself if they would have agreed to
see that he spent his time before execution in a more comfortable jail
cell.

The suddenly accelerated pace of the trial means that the jury will begin
deliberating Wednesday afternoon.

After the jury departed for the day, Judge Leonie M. Brinkema turned away
a defense bid to strike the death penalty, saying, "This case changed
dramatically with Mr. Moussaoui's testimony Monday."

In his few hours on the witness stand that day, Mr. Moussaoui appeared to
undo much of the defense that his lawyers had built since the beginning of
the trial, which is solely to determine whether he will be put to death or
spend the rest of his life in jail. Mr. Moussaoui not only agreed with
prosecutors that he was in Al Qaeda, he also asserted that he knew most of
the hijackers and was to have flown a 5th plane on Sept. 11 into the White
House.

Prosecutors have argued that Mr. Moussaoui deserves to be executed because
when he was arrested on Aug. 16 on immigration violations, he lied to
investigators about his knowledge of Qaeda plans to fly planes into
buildings. Had Mr. Moussaoui told the truth, the prosecutors have said,
the Federal Bureau of Investigation and the Federal Aviation
Administration would have taken quick action to thwart the plot.

Defense lawyers have pressed the idea that any information Mr. Moussaoui
may have provided would have become part of the sea of unchecked leads in
the days before the attacks. In completing their case Tuesday, the lawyers
played a videotape for the jury of the testimony of Thomas J. Pickard, the
acting F.B.I. director at the time of the attacks, before the commission
investigating the attacks.

Mr. Pickard was asked what he would have done if he had known three facts
that became apparent to senior officials only after the attacks: that Mr.
Moussaoui was an Islamic extremist taking flying lessons; that two
identified Qaeda terrorists were probably in the country in August 2001;
and that an F.B.I. agent in Phoenix had drafted a memorandum saying that
he noticed an unusual number of young Middle Eastern men were enrolling in
American flight schools and might be planning some hijacking plot.

He replied that given the thousands of terrorism leads the bureau was
evaluating in the summer of 2001, "I don't know, with all the information
the F.B.I. collects, whether we would have had the ability to hone in
specifically on those three items."

In addition to the issue of what the F.B.I. may have done if Mr. Moussaoui
had not lied, a major question the jury will have to consider is his real
stature in Al Qaeda. Under a complicated federal death penalty law, the
jury will first have to consider whether Mr. Moussaoui is responsible for
any deaths on Sept. 11. Only if jurors are unanimous in deciding that he
was do they move to the next phase in which they consider whether he
should be executed.

The Sept. 11 commission did not offer firm conclusions about Mr.
Moussaoui's role, speculating that he might have been kept in reserve as a
substitute pilot. But the commission noted that Al Qaeda had invested
heavily in him, providing more than $30,000 for travel and pilot training.

Eleanor J. Hill, the staff director of the joint Congressional
investigation of 9/11, said that the planners told participants little in
advance about their respective roles, so it is possible that Mr. Moussaoui
did not know what his Qaeda superiors would ultimately have ordered him to
do.

Ms. Hill said Mr. Moussaoui's dramatic courtroom statements might well be
self-aggrandizing exaggerations or outright inventions.

"He clearly wants the world to know he wants to kill Americans," said Ms.
Hill, a Washington lawyer. "Why wouldn't he want to exaggerate and glorify
his potential role in an attack he considers a huge success? If he's just
a bystander, he doesn't get much of a place in history."

(source: New York Times)




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