A federal judge today said sentencing for September 11 conspirator Zacarias Moussaoui could go forward but without aviation testimony and evidence considered key to the US government's case.
US District Judge Leonie Brinkema considered throwing out the death penalty case after discovering a government lawyer had improperly shared information with witnesses.
But after a daylong hearing, she decided to continue the trial that will determine if Moussaoui, who has pleaded guilty to conspiracy in connection with the hijacked airliner attacks, will be executed.
Brinkema, however, said the Federal Aviation Administration and Transportation Security Administration witnesses who had been contacted by government lawyer Carla Martin would not testify and evidence from them would not be allowed.
"I am removing from this case any and all witnesses and evidence dealing with the aviation component," Brinkema said.
The prosecution had argued the witnesses were key and the aviation portion of their argument represented about half their case.
The government was trying to prove that if Moussaoui had not lied to the FBI when he was arrested three weeks before September 11 the attacks would not have happened, in part because the FAA would have increased security measures on airplanes.
Martin e-mailed out transcripts of the trial and tried to coach potential witnesses, Brinkema said.
"I don't think in the annals of criminal law there has ever been a case with this many significant problems," she said.