Moussaoui judge allows testimony

? Prosecutors seeking to execute al-Qaida conspirator Zacarias Moussaoui partially revived their case Friday after a judge reversed course and agreed to admit some evidence about aviation security.

U.S. District Judge Leonie M. Brinkema relented from her earlier order barring all such testimony. She had issued that ruling Tuesday as punishment for the misconduct of Transportation Security Administration lawyer Carla J. Martin, who coached witnesses and lied to the defense.

“It would be unfortunate if this case could not go forward to some final resolution,” Brinkema told trial attorneys in a telephone conference Friday. Moussaoui is the only person charged in this country in connection with al-Qaida’s Sept. 11, 2001, attacks on the World Trade Center and the Pentagon.

Late Friday, Moussaoui’s lawyers asked Brinkema to further investigate Martin on Monday before allowing any aviation testimony. Prosecutors agreed, if Martin is willing to testify. Brinkema did not immediately respond.

Meanwhile, two lawyers coordinating private lawsuits for property damages from 9-11 alleged that Martin’s actions were prompted by airlines fearful the government’s arguments in Moussaoui’s case might undercut their defense against paying civil damages.

The trial, which started March 6 and was suspended for a week to deal with the misconduct, is to resume Monday with the jury back in court.

Brinkema accepted a compromise proposal by the government. It allows prosecutors to present limited testimony about what the government could have done to enhance aviation security before the 9-11 attacks if Moussaoui had not lied to FBI agents Aug. 16-17, 2001, about his al-Qaida membership and plans to crash a jetliner into the White House.

Prosecutors had told Brinkema their case would be gutted without at least some testimony on aviation security.