Moussaoui judge to allow untainted aviation evidence

WASHINGTON – A federal judge on Friday revived the government’s death penalty case against Sept. 11, 2001, conspirator Zacarias Moussaoui, ruling that prosecutors can present untainted aviation security evidence to the jury that is considering whether Moussaoui should be executed.

The decision by U.S. District Judge Leonie Brinkema revises her earlier order banning all aviation evidence and means that Moussaoui’s death penalty trial will resume Monday in Alexandria, Va., Justice Department officials said Friday.

Brinkema on Tuesday had barred all aviation evidence along with the testimony of seven key witnesses because of the misconduct of Transportation Security Administration lawyer Carla Martin. Martin violated a court order by improperly communicating with the witnesses and sharing testimony with them.

The Tuesday ruling devastated the government’s case for the execution of the only person convicted in the United States on charges stemming from the Sept. 11 terrorist attacks. Prosecutors are arguing that if Moussaoui had not misled the FBI when he was arrested in August 2001 the attacks could have been stopped.