Prosecutors: TSA Lawyer Talked To FAA Witnesses Out Of Turn

ANN REAL TIME NEWS: 1715 EST -- Aero-News has learned a mistrial could be declared as early as tomorrow in the case of the only man to face a jury here in the US over the 9/11 terrorist attacks. The reason: A TSA lawyer apparently inappropriately shared information about the trial with FAA witnesses.

Prosecutors in the trial of French citizen Zacarious Moussaoui called to the attention of US District Judge Leonie Brinkema a series of emails and transcripts sent by TSA attorney Carla Martin to seven FAA employees --three listed as witnesses for the prosecution, and four for the defense.

A visibly upset Judge Brinkema told the court, "In all the years I've been on the bench, I've never seen such an egregious violation of the court's rule on witnesses," according to Reuters.

Judge Brinkema has halted the trial for two days, saying she wanted more time to consider her options in the case.

"The show must go on!" Moussaoui, who's been repeatedly admonished for his courtroom outbursts, yelled as Brinkema declared the two-day recess.

Moussaoui's guilt is not in question at this proceeding. The 37-year old self-proclaimed al Qaeda member has already said he conspired to fly an airplane into the White House. This week's case was to determine whether that admission means Moussaoui was directly connected to the events of 9/11 -- and, thus, is eligible for the death penalty.

In her emails to the seven FAA witnesses, Martin spells out problems with the prosecution's opening argument, saying there were huge gaps in the arguments presented -- gaps that the defense could "drive a truck through."

In light of the revelation, Defense Attorney Edward McMahon asked Brinkema to dismiss the prosecution's death penalty case outright.

"I am shocked," McMahon told Brinkema, according to Bloomberg. "When I got the letter this morning I didn't know what to say."

Dismissal is one of several options the judge is now considering. Another option would be to continue the case without the witnesses -- meaning the prosecution would lose about half of their witnesses in their case -- or, to allow defense lawyers additional leeway during their cross-examinations of those witnesses.

FMI: www.doj.gov