Saturday, March 18, 2006
New Hypothesis About Govt. Lawyer's Possible Motivation
The judge in the Zacarias Moussaoui sentencing trial has reversed course and will allow aviation evidence, albeit untouched by the witness tampering government lawyer, to be shown to the jury.
In making this decision, the judge cited the cost to the taxpayers of the trial. Nice.
Judge Brinkema is fully aware that much of the aviation evidence will show that airline security could not have detected all the weapons before they made it on to the plane.
Especially since the weapons used in the attack were not merely "box cutters" as the American public has been told, but ceramic knives that were sharper than steel, and which would not show up on the metal detectors.
It was never believed that the ceramic knives information would be presented to the jury. The government does not want this to be widely known.
Martin's violation of federal trial protocol was so brazen that she must have known, if discovered, it would result in the aviation security evidence being thrown out.
This may have been the goal all along.
Keeping the existence of the ceramic knives quiet may be an even more important reason than protecting the airlines from liability to explain the bizarre behavior of Ms. Martin.
In making this decision, the judge cited the cost to the taxpayers of the trial. Nice.
A federal judge yesterday revived the Justice Department's death penalty case for Sept. 11 conspirator Zacarias Moussaoui, accepting a compromise offered by prosecutors to find new aviation security witnesses not tainted by the misconduct of a government lawyer...
"I'm fully aware of the huge resources that have been expended on this case, the fact that we summoned 850 jurors . . . and I agree it would be unfortunate if this case could not go forward to some final resolution," Brinkema said in a teleconference with case attorneys, according to a transcript...
Although the government will continue its case, legal experts said the week's events still leave prosecutors in a tough spot. Martin had worked on the case since at least 2002 and had contact with aviation security experts throughout the government...
In e-mails to the seven witnesses, Martin was highly critical of the prosecution's argument that aviation officials could have kept the hijackers' knives from getting onto the planes, and defense attorneys might want jurors to hear of her doubts. But experts said it would be difficult for the defense to persuade Brinkema to allow evidence of Martin's conduct or e-mails. "It shouldn't come in, and I don't see how it would," said Carl Tobias, a law professor at the University of Richmond. "It could poison the minds of the jury."...
Martin violated a standing court order by e-mailing trial transcripts to the seven witnesses and coaching them on their testimony. All those witnesses worked for the government and were experts on aviation security. They would have testified about the government's ability to have stopped the terror attacks had Moussaoui not lied to the FBI when he was arrested in August 2001.
After a hearing Tuesday, Brinkema barred the testimony of the seven witnesses and the aviation evidence. That evidence is key, because about half of the prosecution's case consists of showing that airport security would have been dramatically stepped up if Moussaoui had provided the information.
Judge Brinkema is fully aware that much of the aviation evidence will show that airline security could not have detected all the weapons before they made it on to the plane.
Especially since the weapons used in the attack were not merely "box cutters" as the American public has been told, but ceramic knives that were sharper than steel, and which would not show up on the metal detectors.
It was never believed that the ceramic knives information would be presented to the jury. The government does not want this to be widely known.
Martin's violation of federal trial protocol was so brazen that she must have known, if discovered, it would result in the aviation security evidence being thrown out.
This may have been the goal all along.
Keeping the existence of the ceramic knives quiet may be an even more important reason than protecting the airlines from liability to explain the bizarre behavior of Ms. Martin.
