Judge may end Moussaoui’s trial

'Egregious' coaching of witnesses may thwart push for death penalty

? The federal judge in the Zacarias Moussaoui case is considering ending the death-penalty prosecution of the al-Qaida conspirator after learning that a federal lawyer apparently coached witnesses on upcoming testimony.

U.S. District Judge Leonie Brinkema said Monday it was “very difficult for this case to go forward” after prosecutors revealed that a lawyer for the Transportation Security Administration had violated her order barring witnesses from any exposure to trial testimony.

Brinkema sent the jury home until Wednesday while she considers her options.

If she bars the government from pursuing the death penalty, the trial would be over and Moussaoui would automatically be sentenced to life in prison without possibility of release. The government likely would appeal that ruling.

A hearing is scheduled for today to determine the scope of the problem. The TSA lawyer, Carla Martin, and most of the seven witnesses – past or present employees of the Federal Aviation Administration who received e-mails from Martin – are expected to testify.

The judge said she had “never seen such an egregious violation of a rule on witnesses,” and prosecutor David Novak agreed that Martin’s actions were “horrendously wrong.”

Defense lawyer Edward MacMahon asked Brinkema to dismiss the government’s death-penalty case, saying, “This is not going to be a fair trial.”

At the very least, he said the government’s FAA witnesses should be excluded. But prosecutor Novak protested they represented “half the government’s case.”

Martin’s e-mails to the upcoming witnesses included excerpts of the government’s opening statement and Martin’s assessment that the opening statement “has created a credibility gap that the defense can drive a truck through.” She expressed concern that FAA witnesses would be made to look foolish on cross-examination and warned them to be prepared for certain topics.