Judge accepts compromise on Moussaoui evidence

The federal judge in the death penalty trial of al-Qaida conspirator Zacarias Moussaoui accepted a government compromise today 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.

Brinkema’s partial reversal was a boon to prosecutors.

They have said it would be a waste of time to continue the case if they wer not allowed to present some evidence about possible defensive aviation security measures the government might have taken to prevent the September 11, 2001, attacks on the World Trade Centre and the Pentagon.