Prosecution May Call New Aviation Witnesses

Government attorneys attempting to prove that confessed al-Qaeda operative Zacarias Moussaoui was connected to the events of 9/11 were handed a victory Friday by federal judge Leonie Brinkema, who ruled that the prosecution may present new witnesses to testify on aviation security matters.

"The government's proposed alternative remedy of allowing it to call untainted aviation witnesses or otherwise produce evidence not tainted by Ms. Martin has merit," Brinkema wrote.

Ms. Martin is Carla Martin, the TSA attorney who last weekend sent an email to seven witnesses outlying problems in the prosecution's opening statements in the penalty trial. Throughout the week, Brinkema has strongly chastised the attorney, threatening her with charges of contempt and witness tampering.

Martin's attorney, Roscoe Howard, says his client has been "viciously vilified" by the judge, and prosecutors. Howard added he is preparing a response that "will show a very different, full picture of her intentions, her conduct and her tireless dedication to a fair trial."

Although Judge Brinkema initially ruled that no aviation security evidence could be presented by prosecutors in the wake of the email flap, prosecutors were able to convince Brinkema to allow some evidence of possible defensive aviation security measures the government might have taken, had they been alerted prior to the September 11, 2001 attacks on the World Trade Center and the Pentagon.

"We're pleased to be able to move forward with this important case on behalf of the thousands of victims and their families," said Justice Department spokesperson Tasia Scolinos to the Associated Press.

Brinkema's move came as a surprise to defense lawyers, who earlier stated the judge had been justified in ruling evidence presented by prosecutors on aviation security had been irrevocably tainted by Martin's emails.

Moussaoui, a French citizen, is to date the only person charged in the US in the 9/11 attacks. While he has pleaded guilty to being an al-Qaeda operative, Moussaoui maintains he had nothing to do with 9/11 -- that he had been training for a later mission instead.

Prosecutors are seeking the death penalty for Moussaoui, by attempting to link him directly to the attacks. If the prosecution can't prove its case, Moussaoui will serve a life sentence in federal prison for his ties to al-Qaeda.

FMI: www.doj.gov