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Moussaoui's court-appointed attorneys request delay

Accused conspirator is mentally ill, lawyers say

Zacarias Moussaoui

WASHINGTON (CNN) -- One day before Zacarias Moussaoui's scheduled arraignment, his court-appointed lawyers said Wednesday that the accused September 11 conspirator is mentally ill and his hearing should be delayed.

Attorney Gerald Zerkin told CNN that a motion was filed with the U.S. District Court asking that the question of the applicability of the death penalty be resolved before proceeding with any plea by Moussaoui.

The Justice Department said it has no position on the delay request, and it is planning to be in court Thursday unless it hears otherwise.

Moussaoui appeared last week to make a plea on the indictment, the third version handed down against him in the case.

Moussaoui, who denies a role in the terror attack plot, admitted last week that he belonged to al Qaeda, the Islamic militant group behind it, and said he now wants to plead guilty to unspecified terrorism conspiracy charges.

U.S. District Court Judge Leonie Brinkema rejected the plea, told him to think about it, and scheduled a plea hearing for Thursday.

CNN NewsPass VIDEO Accused 9-11 hijacker Zacarias Moussaoui may plead guilty to terrorism charges in hopes of cutting a deal with U.S. prosecutors. CNN's Deborah Feyerick reports (July 25) Play video   RESOURCES • U.S. opposition to petition for a writ of mandamus   • Superseding indictment, July 16, 2002: U.S. v. Moussaoui  (FindLaw documents, PDF format)   EXTRA INFORMATION Timeline: The case of Zacarias Moussaoui    MORE STORIES TIME.com: At the crossroads of terror      LEGAL RESOURCES Latest Legal News Law Library FindLaw Consumer Center Select a topic Bankruptcy Discrimination Divorce Estate Planning Landlord-Tenant Personal Injury Taxes

The government sought the latest indictment to clarify the circumstances under which it would ask for the death penalty.

The court-appointed attorneys have argued the death penalty is not applicable in this case; prosecutors say it is. The Bush administration has said it plans to seek the death penalty against Moussaoui if he is convicted.

There was no immediate response available from the court regarding the delay request.

In an interview with The Associated Press, Frank Dunham Jr., leading the team of defense lawyers to whom Moussaoui will not speak, said a report from mental health experts reinforced their earlier view of Moussaoui's illness. Dunham said the experts need more time to determine whether Moussaoui, who is representing himself, is legally competent to proceed.

Moussaoui, who has filed motions accusing the judge and defense lawyers of trying to kill him, tried to admit his guilt at a proceeding last week. Brinkema insisted the 34-year-old French citizen take a week to consider whether he still wanted to plead guilty.

Moussaoui was in federal custody on immigration violations September 11, but federal government officials believe he may have planned to be the 20th hijacker.

Brinkema last month ruled that Moussaoui was competent to represent himself. He has since filed more than 90 handwritten motions. Brinkema warned Moussaoui last week that his motions might force her to revoke his right to represent himself.

The judge this month left the door open to reconsidering her decision on Moussaoui's competency. But earlier this week, Brinkema said she had not seen any evidence that persuaded her to change her opinion about Moussaoui's competence.