April 3


VIRGINIA:

In Court, 2 20th Hijackers Stand Up----Zacarias Moussaoui is on trial for
his role in 9/11, but officials now agree it's likely another detainee was
to play a part in the attacks.


On the 12th day of the Zacarias Moussaoui trial, at about 9:45 in the
morning, one of the most puzzling riddles of the Sept. 11 conspiracy
seemed at last to be laid to rest.

It was then that a top Al Qaeda figure being held in a secret location
overseas testified that the 20th hijacker, the man who never made it to
the airplanes, was a young Saudi man named Mohammad al-Qahtani, who as it
turns out was about as hapless a terrorist as Moussaoui.

He testified that Qahtani was to be the "last one" to join a 19-man
sleeper cell already in the U.S., and that he was designated to "complete
the group" of 5 terrorists for each of the four planes.

Mystery solved?

So it would seem, except for a few niggling doubts that have surfaced
during the 4-week trial. A day earlier, statements made by Sept. 11
mastermind Khalid Shaikh Mohammed were read to the jury: There was no 20th
hijacker because Al Qaeda could get only 19 into the U.S.

A year ago, Moussaoui claimed he was the mystery man when he signed his
guilty plea as the "20th hijacker." On the witness stand in his ongoing
sentencing trial, Moussaoui confessed he signed it that way just as "a bit
of fun, that's all."

These proceedings have been filled with plot twists. And yet government
and defense lawyers now agree that if a 20th hijacker had been intended to
join the others, it most likely was Qahtani.

Qahtani said so himself.

In statements made to interrogators at the prison for terrorism suspects
at Guantanamo Bay, Cuba, and read aloud to a hushed courtroom, he spun a
tale of how Osama bin Laden hand-selected him for "a special mission in
America" - that he was to serve as a "muscle" hijacker on one of the Sept.
11 planes.

But Qahtani, like Moussaoui, had U.S. visa problems and only got as far as
the customs checkpoint at the Orlando, Fla., airport, where he was turned
back. He went back to the United Arab Emirates about the same time that
Moussaoui was being arrested in Minnesota, a few weeks before the attacks
on New York and the Pentagon.

The jurors are in the midst of their deliberations, and the question of a
20th hijacker is one they are bound to confront. The nine men and three
women listened intently to Qahtani's testimony. They also were presented
fresh details about how Mohamed Atta, the man who would turn out to be the
lead Sept. 11 hijacker, was left cooling his heels at the Orlando airport,
forced to wait for Qahtani.

"Juries frequently confront contradictory information, especially in
criminal trials," said Carl Tobias, a law school professor at the
University of Richmond in Virginia. "Juries then must sort through all of
the evidence, sift and weigh it, resolve the contradictions as best they
can, and reach a determination."

Five hijackers were in each of the 3 planes that hit the World Trade
Center and the Pentagon. The 4th plane was commandeered by four hijackers.
It never made it to its destination - which Mohammed identified as the
U.S. Capitol, thus providing a credible answer to another unresolved
question: whether the Capitol or the White House was the intended target.

Instead, after a struggle with passengers, the plane with just four
hijackers spun out of control and smashed into a Pennsylvania field. Had
that 20th hijacker been on that plane, would it have reached the Capitol?

These questions are slowly coming into focus during Moussaoui's trial,
where he faces death or life in prison with no parole.

To demonstrate that Moussaoui was not responsible for the Sept. 11
attacks, much of the testimony defense lawyers sought was from detainees
held in foreign locations. Government officials, saying that they wished
to avoid a potential security nightmare, only permitted them to testify
through lengthy written statements read to the jury.

Khalid Shaikh Mohammed is believed to be the Al Qaeda leader who put
together the Sept. 11 plot. His testimony was read first, on March 27.

He said Qahtani "was sent alone to round out the number of hijackers for
the 9/11 attacks." But after he was stopped at the Orlando airport, Al
Qaeda leaders realized Qahtani was not a good choice because, according to
Mohammed, "he possessed no operational or basic knowledge that would
qualify him for such an operation."

He said Qahtani had problems communicating in code. He said he did not
understand requirements for a U.S. visa. He spoke no English. So even had
Qahtani made it into the U.S., it was likely he would have been cut from
the plot.

Qahtani is an "extremely simple man," Mohammed testified. He was "too much
of an unsophisticated 'bedouin' to function with ease in a modern, Western
society."

So Al Qaeda cut its losses. "The 9/11 operation was left with only 19
operatives," Mohammed said.

On March 28, testimony was read from Mustafa al-Hawsawi, the alleged Sept.
11 paymaster. He insisted that Qahtani, warts and all, was definitely No.
20.

Hawsawi said he purchased a one-way plane ticket for Qahtani to fly from
London to Florida, all along assuming Qahtani was well-suited for the task
at hand because he had extensive terrorist training in Afghanistan. He
added that Atta, the hijacking team leader who flew the first plane into
the World Trade Center, told him that he "needed al-Qahtani to 'complete
the group' and that al-Qahtani's job was to control the passengers."

The jury next heard from Qahtani. 25 years old in the summer of 2001, he
described meeting 3 times with Bin Laden and said he swore bayat -
allegiance - to the Al Qaeda leader.

Qahtani said Bin Laden viewed him as "someone who loved to serve his
religion." He said he believed he had been selected for a martyrdom
operation but knew no details. He said he tried to learn secret codes for
phone numbers and e-mail but "struggled with both."

He said he obtained a new Saudi passport and a U.S. visitor's visa, then
flew Virgin Atlantic to Orlando on Aug. 4, 2001, only to be denied entry.

He recalled how he could not explain why he had no return ticket and yet
had a visitor's visa for just six days. Nor could he explain why he had
$2,800 in cash, seemingly not enough to stay six days and still buy a
return ticket.

He said a friend was picking him up at the airport, then changed his story
and said no one was waiting for him.

According to government evidence in the Moussaoui trial, Atta had driven a
rented Mitsubishi Galant to the airport. Waiting for Qahtani to emerge,
Atta several times used a telephone calling card and spoke to Hawsawi in
the United Arab Emirates. Finally Atta gave up and left the airport.

In December 2001, Qahtani was captured in Afghanistan. He is being held at
the U.S. naval base at Guantanamo Bay. His testimony marked the first time
that he and the other detainees had been heard publicly since their
arrests.

A fall 2002 FBI field report from Guantanamo Bay, not provided to the
jury, discussed a prisoner later identified as Qahtani and said he had
been subjected to "intense isolation for over 3 months," kept in a cell
"always flooded with light."

"The detainee was evidencing behavior consistent with extreme
psychological trauma, talking to nonexistent people, reporting hearing
voices, crouching in a corner of the cell covered with a sheet for hours
on end," the FBI report said.

The Defense Department, however, said in a June 2005 report that Qahtani
had been given "humane treatment."

The military also noted that Qahtani repeatedly offered "various cover
stories" during interrogations, even suggesting he had tried to come to
the U.S. to buy a used car. Ultimately, however, the military said,
interrogators were able to "uncover the truth."

(source: Los Angeles Times)






NEVADA:

Daryl Mack scheduled to die week of May 15th


A judge has set the week of May 15th for the execution of death row inmate
Daryl Mack, convicted in the 1988 sexual assault and strangling of a Reno
woman.

While Washoe District Judge Robert Perry on Friday assigned the week,
state prison officials now must set the execution date.

In February, the Nevada Supreme Court erased a stay order that blocked the
scheduled December 1st lethal injection of Mack.

Justices dismissed a petition filed by Viola Mack, the condemned inmate's
mother, who claimed in a "next friend" petition that her son didn't get a
fair competency hearing.

Although Daryl Mack denies killing Betty Jane May, he has dropped his
appeals and told Perry that he wants to proceed with his execution.

Mack was serving a life sentence for the 1994 murder of Kim Parks in Reno
when he was linked through DNA evidence to May's death.

A judge found him guilty and a 3-judge panel sentenced him to death in May
2002.

(source: Associated Press)






NORTH CAROLINA:

Death sentence possible for man convicted of police killing


A man convicted of killing a Boiling Springs Lake police officer during a
traffic stop could get the death penalty when his trial enters its
sentencing phase this week.

Darrell W. Maness, 20, of Alamance County was convicted Friday of
1st-degree murder in the Jan. 18, 2005, shooting of Mitch Prince. He was
also found guilty of 7 other felonies by a jury that deliberated for about
2 hours.

Maness struggled with Prince after the officer stopped him for a traffic
violation near Sunny Point, taking his gun and shooting him twice in the
head, authorities said. He ran away and was found hiding under a mobile
home near Oak Island.

Maness' defense acknowledged that he shot Prince, but tried to argue for a
conviction on a 2nd-degree murder charge. The sole defense witness, a
psychiatrist, testified that Maness has attention deficit hyperactivity
disorder, had a nightmarish childhood and was addicted to marijuana.

But prosecutors focused on the brutality of the killing, calling
passengers in Maness' car who testified that Prince pleaded for his life
before he was shot at close range.

In a videotaped interview introduced as evidence during the trial, Maness
described how he was afraid of going back to jail for violating his
probation on a misdemeanor conviction. He said he panicked when Prince
stopped him and "wanted to get rid of him."

The sentencing phase of the trial was scheduled to begin Monday. Jurors
must decide whether to sentence Maness to execution or life in prison
without parole.

(source: Associated Press)




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