Judge: Moussaoui death penalty trial still on

A federal judge on Tuesday said sentencing for September 11 conspirator Zacarias Moussaoui could go forward but without aviation testimony and evidence considered key to the U.S. government's case.

U.S. 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.

I must say that every time I hear reports from that trial I am gaining more and more respect for Judge Brinkema. This ruling of her sounds like quite a reasonable compromise - the government is given yet one more chance to proceed though given their previous blunders I doubt they deserve it. Not that there's much left of the case anyhow.

tags: incompetence  brinkema  moussaoui  law