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--- Begin Message ----Caveat Lector- http://www.nytimes.com/2006/04/17/us/nationalspecial3/17moussaoui.html?_r=1&; oref=slogin Reporter's Notebook Logic Turns Upside-Down During Moussaoui Trial By NEIL A. LEWIS Published: April 17, 2006ALEXANDRIA, Va., April 14 The trial of Zacarias Moussaoui has provided opportunities for followers in the courtroom to discuss which moment in the regularly odd proceeding is the oddest. The prize-winning occasion may have occurred when Mr. Moussaoui took the stand for the second time last week. Threats & Responses Go to Complete Coverage » He quickly became embroiled in an argument with Gerald T. Zerkin, one of his court-appointed lawyers, who, despite Mr. Moussaoui's skepticism, is trying to prevent the Justice Department from executing him. The bizarre moment: the chief prosecutor, Robert A. Spencer, who is without doubt trying to have Mr. Moussaoui executed, rose to Mr. Moussaoui's defense, objecting that Mr. Zerkin was badgering the witness. Of course, the upside-down nature of Mr. Moussaoui's status as a witness exists because Mr. Zerkin and his team are eager to demonstrate that Mr. Moussaoui is mentally unstable, and they are content to have an argument with him that may demonstrate that to the jury. Mr. Spencer, on the other hand, is reluctant to have the jury which will soon decide whether to order Mr. Moussaoui's execution be shown signs that Mr. Moussaoui may not think in a logical manner. Judge Leonie M. Brinkema has presided over the trial, now in its seventh week, with the tolerant air of a veteran high school teacher trying to maintain order in the pre-law club. She ruled against Mr. Spencer. Departing Potshots After each court session, Mr. Moussaoui engages in what has become a familiar ritual. As he leaves the courtroom escorted by marshals, he shouts some imprecation, often, "God curse you, America." Twice he sang "Burn in the U.S.A.," to the tune of the similar Bruce Springsteen song. Another time, he shouted that the trial was "a cyberlynching," using a phrase reminiscent of the famously evocative claim by Clarence Thomas in his 1991 Supreme Court confirmation hearing that he was being subjected to a "high-tech lynching." Shadow Testimony Because Mr. Moussaoui pleaded guilty last year to conspiracy charges in connection with the Sept. 11 attacks, the trial has been only to determine if he is to be sentenced to death or sent to prison for the rest of his life. Under the complicated federal death penalty law, the trial has been divided into two phases. In the first phase, the jury had to consider whether Mr. Moussaoui could be held responsible for some of the deaths of Sept. 11, 2001, even though he was in jail at the time, having been arrested three weeks earlier in Minnesota. It was a vexing issue, but the jury unanimously agreed with prosecutors that Mr. Moussaoui was responsible and thus eligible for the death penalty because he lied to investigators about his knowledge of Qaeda plans to fly planes into buildings. The jurors heard, and apparently discounted, the words of two senior Qaeda planners of the Sept. 11 attacks, who said that Mr. Moussaoui had not been part of the plot. Lawyers aiding the defense recited the statements of Khalid Shaikh Mohammed, the chief planner, and Mustafa Ahmed al-Hawsawi, a principal financier, in what resembled a literary reading at a bookstore. As the jury considered whether Mr. Moussaoui, the only person to be charged in an American courtroom with the Sept. 11 plot, was involved in it enough to serve as a proxy for the 19 hijackers who died that day, no one mentioned an obvious issue. What about the involvement of those who gave testimony about the plot who are in American custody? Why aren't they on trial? The answer, not shared with the jury, is that those Qaeda officials, who include another financier and the man who was supposed to be the 20th hijacker, are being held overseas in the Central Intelligence Agency's secret prison system and have been subjected to interrogation techniques that would make it difficult to bring them to trial. Courtroom Attire Mr. Moussaoui enters the courtroom for each session at the same time as Judge Brinkema enters from a different side door and spectators are ordered to stand. The drill seems designed to eliminate a situation that occurred earlier, when he entered the courtroom before the judge, took his seat and refused to stand. He sits on the side of the courtroom, sometimes seemingly muttering prayers, sometimes paying attention to the proceedings and often looking detached. He is always clad in a green jumpsuit with the word "Prisoner" on the back and a white knit cap. Sometimes he pushes the cap back to reveal a large and nasty bruise on his forehead, apparently from banging his head on the floor. Underneath the jumpsuit, he is fitted with a stun belt that is controlled by one of the marshals, who could use it should Mr. Moussaoui lunge at a trial participant. The belt's batteries are changed frequently. Jurors Are Dry-Eyed In the second phase of the trial, in which the jury is considering whether the heinousness of the crime warrants execution, the government has presented a parade of family members who have testified tearfully about their grief and the enduring impact of the crime on them. It was a well-planned selection of witnesses that included an assortment of races, accents and backgrounds united in grief. Wives testified movingly about lost husbands, husbands about lost wives, children about lost parents and firefighters about lost buddies. The jury heard some of the terrible circumstances thrown up that day, like the account of a man whose wife was in the World Trade Center for a meeting. Unbeknownst to him, his brother was also there, as a chef at Windows on the World, having agreed to substitute for a friend so he could take a relative to the doctor. The jurors have been constantly scanned for their reaction to the emotional testimony. But they have been remarkably stoic, only a couple seeming to show a bit of upset. More reporters and federal agents have been seen red-eyed than jurors. The Defendant's Future If the jury does not order Mr. Moussaoui's execution, he will be sentenced to life in prison, almost certainly at the maximum security prison in Florence, Colo. A witness testified that his life would be bleak and he would deteriorate under a regime of isolation. If he were sentenced to death, he would be executed by lethal injection at the federal government's execution chamber at a prison in Terre Haute, Ind. While several defendants have been sentenced to death under the revised federal death penalty law, only three have been executed. The first was Timothy J. McVeigh, the Oklahoma City bomber. Mr. Moussaoui was asked Thursday by Mr. Spencer if he knew who Mr. McVeigh was. "Yes, sir," he said. "Timothy, the greatest American." -__ ___ _ ___ __ ___ _ _ _ __ /-_|-0-\-V-/-\|-|-__|-|-|-/-_| \_-\--_/\-/|-\\-|-_||-V-V-\_-\ |__/_|--//-|_|\_|___|\_A_/|__/ SPY NEWS is OSINT newsletter and discussion list associated to Mario's Cyberspace Station - The Global Intelligence News Portal http://mprofaca.cro.net/ http://osint.mywebhut.com/ ######## CAUTION! ######### Since you are receiving and reading documents, news stories, comments and opinions not only from so called (or self-proclaimed) "reliable sources", but also a lot of possible misinformation collected by Spy News moderator and subscribers and posted to Spy News for OSINT purposes - it should be a serious reason (particularly to journalists and web publishers) to think twice before using it for their story writing, further publishing or forwarding throughout Cyberspace. 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