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Judge allows more equipment for terror defendant Moussaoui

Zacarias Moussaoui
Zacarias Moussaoui  


From Phil Hirschkorn
CNN

ALEXANDRIA, Virginia (CNN) -- Zacarias Moussaoui will get more electronic equipment to help him prepare his defense in the first U.S. criminal trial stemming from the September 11 terrorist attacks.

U.S. District Judge Leonie Brinkema ordered Tuesday that a videotape player, an audiotape player, and a computer printer, all purchased with government funds, be sent to the Alexandria Detention Center for Moussaoui's use.

The government had not objected to the request. Moussaoui already had been furnished with a computer.

Brinkema decided last month to allow Moussaoui to represent himself. Moussaoui did not trust his team of court-appointed attorneys, saying he believed they were aligned with the government in seeking his execution.

Moussaoui, 34, a French national of Moroccan descent, faces a possible death sentence for allegedly conspiring to participate with 19 other men to hijack the planes that crashed into the World Trade Center, the Pentagon, and a field in Pennsylvania, killing more than 3,000 people.

The amount of evidence, or discovery, produced by the government includes more than a thousand CD-ROMs, a thousand audio cassettes, and close to 300 videotapes.

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In a separate order, Brinkema signaled that the issue of Moussaoui's competence to represent himself may not be closed. She granted a request by Moussaoui's "stand-by" counsel to show a defense-hired psychologist edited copies of classified documents to enable him to continue an evaluation of Moussaoui's mental state.

"The competence of a defendant must be considered by a court whenever the issue is properly raised," Brinkema wrote. "Given the gravity of charges in this prosecution, we will err on the side of caution."

Frank Dunham, a federal defender still acting as one of Moussaoui's stand-by counsels, has pointed to Moussaoui's inconsistent statements as reason to stop him from representing himself.

Dunham and death penalty expert Gerald Zerkin, rejected by Moussaoui, remain attached to the case until replacements are secured.

Moussaoui has refused to meet with Virginia attorney Alan Yamamoto, appointed four weeks ago to become Moussaoui's replacement standby counsel -- to assist him with court protocol, to interview potential witnesses, and if needed, to take over the defense.

Moussaoui would prefer the assistance of Houston-based attorney Charles Freeman, a Muslim, who met with him five times in jail but failed to file proper papers registering himself with the court. Brinkema has denied him further access to the defendant.

"This is not even a parody of justice, it is a summary execution," Moussaoui complained in a July 5 motion unsealed Tuesday.

"Lee Harvey Oswald end is a distinct possibility," Moussaoui continued, referring to President John. F. Kennedy's accused assassin, who was shot inside the Dallas jail in 1963. "The Alexandria jail is constantly hiring new deputy, it will be easy to claim a distraught September 11 family member gain employment and shoot me," he wrote.

The court has unsealed dozens of motions filed by Moussaoui. A number remained sealed. He filed a new one on Tuesday, although the court's deadline for motions was Monday.

Brinkema has yet to rule on Moussaoui's request for more time to prepare for trial, which is scheduled to begin with jury selection September 30.



 
 
 
 



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