Compromise On Moussaoui Witnesses

The federal judge in the death penalty trial of al Qaeda conspirator Zacarias Moussaoui accepted a government compromise Friday that will allow prosecutors to present new witnesses about aviation security.

Judge Leonie Brinkema said in a written order that prosecutors could present exhibits and a witness or witnesses if they are untainted by contact with Transportation Security Administration lawyer Carla J. Martin, whose actions prompted Brinkema earlier to toss out all aviation security evidence.

"The government's proposed alternative remedy of allowing it to call untainted aviation witnesses or otherwise produce evidence not tainted by Ms. Martin has merit," Brinkema wrote.

A Justice Department spokeswoman, Tasia Scolinos, said in a statement, "We are pleased to be able to move forward with this important case on behalf of the thousands of victims and their families."

CBS News legal analyst Andrew Cohen called it "a stunning turnaround for prosecutors and no doubt a major victory for them. They can now try to convince jurors with these new witnesses that the government could have heightened airline security to the point where 9/11 wouldn't have happened if only Moussaoui had told the truth when arrested in August 2001. And that's a huge part of their case."

Defense lawyers had argued Thursday that Brinkema was fully justified in concluding that evidence about U.S. aviation security was tainted beyond repair.

Moussaoui's lawyers also had said that there was no reason for her to agree to a request by prosecutors on Wednesday that she revoke her order or at least impose less severe penalties on the government.

Brinkema has sent the jury home until Monday while she decides what to do.

The only person charged in this country in connection with Sept. 11, Moussaoui pleaded guilty in April to conspiring with al Qaeda to fly airplanes into U.S. buildings. But he denies any involvement in 9/11, saying he was training for a possible future attack.

This trial is to decide whether he is executed or spends life behind bars.

In court on Tuesday, Brinkema said Martin violated federal witness rules when she sent trial transcripts to seven aviation witnesses, coached them on how to deflect defense attacks and lied to defense lawyers to prevent them from interviewing witnesses they wanted to call.

Brinkema warned her that she could face civil or criminal charges and that she appeared to have violated rules of legal ethics.

Martin was assigned to be a government lawyer for the aviation witnesses called by both sides and to be a liaison between prosecutors and defense attorneys. Beyond that, she co-signed one government brief submitted in the case, attended closed hearings on classified documents and worked closely with prosecutors on preparing their exhibits.

Martin's lawyer, Roscoe Howard, said Thursday she had been "viciously vilified by assertions from the prosecution" and is preparing a response he said "will show a very different, full picture of her intentions, her conduct and her tireless dedication to a fair trial."

Meanwhile, in New York, lawyers representing plaintiffs in a liability lawsuit stemming from the Sept. 11, 2001 attacks have asked a judge there to conduct an inquiry into whether Martin, or any other TSA lawyers, engaged in witness tampering or other acts to favor American Airlines and United Airlines, defendants in the case.

"We are particularly concerned that TSA may not have acted with the total impartiality required of that Agency in decisions it has made that affect our cases," lawyers Marc S. Moller and Beth E. Goldman wrote in a letter to U.S. District Judge Alvin K. Hellerstein, who is overseeing the civil lawsuit over property damages that resulted from the terrorist attacks.