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CNN Live Today

Moussaoui Arraigned on Third Indictment

Aired July 18, 2002 - 12:02   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.
KYRA PHILLIPS, CNN ANCHOR: Up first now, the case of the people vs. Zacarias Moussaoui, the only person charged in connection with September 11. He is back in court today, facing a third indictment, and prosecutors hope this one will pave the way to a death sentence.

CNN' Deborah Feyerick joins us now from outside the federal courthouse in Alexandria, Virginia -- Deborah.

DEBORAH FEYERICK, CNN CORRESPONDENT: Well, Kyra, a new -- Kyra, a new indictment, new arraignment, this one with aggravating factors that a jury is going to have to consider if they decide that Zacarias Moussaoui should get the death penalty. All of this prompted because of the new Supreme Court ruling that basically says that it's only the juries can give thumbs-up or thumbs-down as to the ultimate punishment of death.

Now, Moussaoui has been very busy preparing his defense. He filed nearly 100 motions, page after page. In them, he accuses the FBI of withholding information. He accuses the U.S. government of conspiring against him, as well as the other 19 hijackers.

On the motions, the judge has ruled in certain cases in his favor. For example, she said, yes, I find you mentally competent. I am going to give you the right to act as your lawyer. But she has also denied a number of the other motions, saying specifically just recently that Zacarias Moussaoui -- quote -- "Does not comprehend the significant aspects of federal criminal law."

Now, Moussaoui's estranged court-appointed lawyer, he has refused to meet with him since April, basically said that in reviewing the motions, it is clear that Moussaoui has had a deterioration in thinking.

(BEGIN VIDEO CLIP)

FRANK DUNHAM, MOUSSAOUI STANDBY LAWYER: Our view is that Mr. Moussaoui has a definite problem going on inside his head. And it's based on the time that we have spent with him and the things that we have seen him do, and his conduct since he declared that he no longer wanted us to be his lawyers, things that he has filed with the court, positions that he has taken.

(END VIDEO CLIP) FEYERICK: One psychiatrist, who reviewed the writings for CNN but who has not met with Moussaoui, actually said that those writings show signs of what she called "manic behavior."

(BEGIN VIDEO CLIP)

DR. LISE VANSUSTEREN, FORENSIC PSYCHIATRIST: He seems to be, to put it in common language, losing it a little bit. He repeatedly files the same motions, motions that have already been addressed by the court. He does some of the things that I have seen associated with patients who are beginning to get manic.

(END VIDEO CLIP)

FEYERICK: The judge did find that Moussaoui was mentally competent, but in reading all of the writings, there are indications that Moussaoui continues to be under psychiatric evaluation. At one point, Moussaoui actually writes, I will probably be found sane -- I'm sorry -- "I will probably be found crazy less than a month after I have been found sane, crazy isn't it?" That's just to give you an indication of what's in some of those motions.

Now, Zacarias Moussaoui will have to enter a plea. The first time, he refused to enter any plea. The second time, he entered a nolo contendere, a no contest. In both cases, the judge said she was entering a "not guilty" plea for him -- Kyra.

PHILLIPS: All right, Deborah, well, you mentioned all that craziness. We are going to talk with our CNN legal analyst, Jeffrey Toobin, about that coming up later -- Deborah Feyerick, thank you.

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