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CNN Live At Daybreak

Government Faces Tough Fight in Moussaoui Trial

Aired March 29, 2002 - 05:32   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.


THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
CAROL COSTELLO, CNN ANCHOR: The Justice Department is now seeking the death penalty against Zacarias Moussaoui. He is the only person charged in the September 11th terrorist attacks. The government's strategy is unusual, because Moussaoui is charged with conspiracy and not murder. And he was actually in jail when the attack happened.

CNN's Susan Candiotti reports.

(BEGIN VIDEOTAPE)

SUSAN CANDIOTTI, CNN NATIONAL CORRESPONDENT (voice-over): The U.S. attorney general says the crime was so horrific, the impact on victims so great, he's giving the go ahead to seek the ultimate penalty for suspected terrorist Zacarias Moussaoui.

JOHN ASHCROFT, ATTORNEY GENERAL: We remain committed not only to carrying out justice in this case, but also to ensuring that the rights of the victims are fully protected.

CANDIOTTI: The government filed this notice of its intentions, saying, Zacarias Moussaoui "committed the offenses...in an especially heinous, cruel, and depraved manner in that they involve torture and serious physical abuse to the victims." At the time of the attacks, Moussaoui, a French citizen, was in a Minnesota jail held on immigration charges, picked up after a flight school called the FBI about its suspicions.

MARILYN LADER, PAN AM FLIGHT ACADEMY: One of the program managers did state, you know, this 747 loaded with fuel is a bomb. And so that was discussed amongst ourselves.

CANDIOTTI: Some suspect Moussaoui was meant to be the 20th hijacker, charged with six conspiracy counts, including use of a plane as a flying bomb. But Defense Attorney Michael Tigar, who successfully fought against a death sentence for Oklahoma City bombing conspirator Terry Nichols, says the government's case appears flawed.

MICHAEL TIGAR, TERRY NICHOLS' ATTORNEY: Because at least publicly revealed is evidence that even the people that did the hijackings were not aware until very, very late in the game of what the objective was.

CANDIOTTI: He cites this tape, in which Osama bin Laden brags the hijackers were out of the loop. Others argue just because Moussaoui was jailed does not lessen his alleged guilt.

SCOTT MENDELOFF, FORMER FEDERAL PROSECUTOR: To the extent he advanced the conspiracy, was part of it, he's responsible just the same as if he had been there.

CANDIOTTI: In France, Moussaoui's mother expressed anger. "My son didn't kill anyone," she says. "My son is a scapegoat. They found an Arab, a poor person."

(on camera): The French government, opposed to the death penalty, says it regrets the Justice Department's decision. And the French justice administer went further saying, quote, "Under no condition will we hand over documents if they're destined to support the death penalty."

(voice-over): Since French investigators are known to have a large file on Moussaoui, the lack of cooperation could be a significant handicap to the U.S. government's case.

Susan Candiotti, CNN, Washington.

(END VIDEOTAPE)

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