Wednesday, November 18, 2009

First U.S. Trial For 9/11 Case

In a report from MSNBC, Zacarias Moussaoui was finally sentenced for his part in the 9/11 tragedy in a New York courtroom.  This is the first sentencing trial conducted in this country over 9/11.  United States District Judge Leonie Brinkema, who presided over the trial, believes this trial proved that federal courts can handle terror cases.  She reached the conclusion, "...that the system does work."

Moussaoui was charged in December 2001 with conspiracy for his role.  The case was sent through years of pretrial hearings and appeals as judges tried to balance national security with Moussaoui's constitutional rights, and discretion as to what evidence should be allowed. Moussaoui did, however, plead guilty in 2005 to conspiracy with the 9/11 hijackers.  Under the rules for the federal death penalty cases, a separate sentencing trial was held in 2006 to determine whether Moussaoui would lose his life or spend the rest of his life in prison.

In the first phase of the trial, the jurors concluded the defendant's actions were eligible for the death penalty.  However, during this second phase of trial, they voted to spare his life, due to one juror opposing the death sentence in this particular case.

Moussaoui had been famous for his abusive tirades, whether it be in handwritten motions, or outbursts in his hearings.  The District Judge had threatened to lock him in a separate room watching by video if he tried any outrageous outbursts in the courtroom.  Moussaoui cooperated and sat quietly at his table, surrounded by deputy marshals.  He did, however, make a few one-liner comments, like, "Victory for Moussaoui.  God curse you all."  Only these comments were made to spectators as he left the courtroom after the jury departed for lunch or for the day.  Edward MacMahon, one of Moussaoui's lawyers, thought the trial "was a very dignified process."

Prosecutors in this sentencing trial were actually surprised they were not able to get the death penalty.  Although, according to the article, Moussaoui was more surprised than anyone.  He concluded that "after reviewing the jury verdict and reading how the jurors set aside their emotions and disgust for me, and focused on the law and evidence....I now see that it is possible that I can receive a fair trial."

The lead prosecutor in this case seems to have issues with where the rest of these trials will lead.  One being, not everyone will likely plead guilty as Moussaoui had, which gives rise to more complications during an actual trial.  Another concern in the article is with possible coerced confessions, water boarding, and even the fact that this case generated detailed appellate rulings that will guide lower courts.  So eventually, there may be arguments over legalities in these future cases.

Regardless of how "forgiving" this ruling may seem Moussaoui, I think he will have to be kept very isolated in prison due to the outrage by Americans over the 9/11 tragedy.  Also, it was said by the media, that these men involved, would rather die for their efforts, now Moussaoui is going to be able to sit and think for many years about the reality of what he has done.  Maybe it is not such a bad sentence after all.

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