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U.S. Opposes Delay in Moussaoui Trial Date

Aicha El-Ouafi, Zacarias Moussaoui’s mother, talks with the press outside the Federal Courthouse complex in Alexandria, Virginia

WASHINGTON, August 14 (IslamOnline & News Agencies) - The United States Monday, August 12, opposed any delay in the trial of Zacarias Moussaoui, the lone defendant charged in deadly September 11 attacks, saying “the public’s interest in a speedy trial could not be more compelling.”

Prosecutors responded to a request Friday, August 9, from the 34-year-old French national’s team of standby attorneys to postpone by two months the trial on six conspiracy charges, saying that under the current schedule, the trial and penalty phases could last through mid-December.

A delay would force the proceedings well into 2003 and violate a federal law requiring speedy trials, their written motion said, Agence France-Presse (AFP) reported.

“Here the public’s interest in a speedy trial could not be more compelling,” prosecutors said in the motion, unsealed by the U.S. District Court in nearby Alexandria, Virginia.

“As is clear from the indictment, the attacks of September 11 were more than just acts of mass murder. They were volleys in a declared war against the United States and were intended to terrorize the entire nation.

“Thus, the victims’ and the nation’s interest in a fair and speedy trial is beyond dispute.”

Postponing the trial by 60 days would place an “undue burden” on the victims, prosecutors led by Paul McNulty said.

Moussaoui, who has admitted to being a member of Al-Qaeda, the group the U.S. accuses for the attacks, has steadfastly denied any involvement in the hijackings, initially asked for an indefinite delay of his trial.

Approved by U.S. District Court Judge Leonie Brinkema to represent himself, he cited the volumes of material produced by the prosecution and the inhospitable living conditions of an artificially lit, isolated cell as impeding his ability to prepare an adequate defense.

In a motion released August 3, he complained he has less than two months before his trial and has “no access to the outside world; no phone, no letter, no visit... and now no information.”

His standby counsel, led by attorney Frank Dunham, said even trained attorneys could not prepare a legitimate case "by the scheduled trial date of September 30," according to documents filed Friday.

“It surely cannot be prepared in that time, if ever, by a single individual who is locked in a cell, with virtually no access to the outside world,” they said, requesting that the trial begin “no earlier than November 30, 2002.”

They cited the 1,189 computer disks, 1,262 audiocassettes and 755 pages of classified information received in connection with the case as of mid-July as reasons for the delay, as well as the time it would take to find and subpoena defense witnesses.

But prosecutors said, “The government has employed numerous means to ease the burden of trial preparation for standby counsel [and the defendant],” and said both Moussaoui and standby counsel has misrepresented the amount of information produced by the prosecution.

Moussaoui, detained in Minnesota in August on immigration violations, has been dubbed the “20th hijacker” although federal investigators have acknowledged there is little information to support that contention.

In a dramatic hearing last month, Moussaoui first announced his intention to plead guilty to four of the six charges against him - all of which could carry a death sentence. When he was told by the judge that pleading guilty would mean having to accept responsibility for the September 11 attacks, he changed his plea to not guilty.

Moussaoui’s standby counsel, whom he earlier dismissed, were asked by Brinkema to prepare a defense in case she revokes Moussaoui's status as his own lawyer.

Jury selection in the case is set to begin at the end of September.

 

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