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American Morning

Prosecutor, Widow Discuss Legal Aftermath of 9/11

Aired March 21, 2002 - 08:12   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.
FREDRICKA WHITFIELD, CNN ANCHOR: The big question this hour, should 9/11 conspirators such as the alleged 20th hijacker, Zacarias Moussaoui, get the death penalty? Moussaoui, described as the 20th hijacker, is the only man charged in the 9/11 attacks and federal prosecutors are now trying to build a case for his execution.

The Justice Department has sent letters to victims' families asking for their help in prosecuting Moussaoui. His trial is scheduled to begin September 30 and it could be a precedent setting death penalty case.

Joining is now from Washington, former federal prosecutor Cynthia Alksne and with me in New York here, Nilsa Rivera. Her husband, Isaias, died in the World Trade Center and she's one of the survivors of the victims who has received a letter from the Justice Department.

Thanks for both of you, Cynthia, and Nilsa, for joining us this morning. I know you've been here several times talking with Paula and thanks so much for coming again to talk about this.

NILSA RIVERA, WIDOW OF WTC VICTIM: You're welcome.

WHITFIELD: You received a letter or a series of letters from the Justice Department. What was in the letters and how did it strike you that you had received this kind of correspondence?

RIVERA: When I first received the letter, you know, I was overwhelmed and also happy that at least we put a face to this hideous crime that was created on 9/11. The letter stated that this person was charged with six counts and therefore four out of the six would determine the maximum penalty, which is the death sentence.

I have part of the letters here and...

WHITFIELD: It also asks for your participation in part, doesn't it? Prosecutors are asking that, you know, if you would expound on your losses and how 9/11 has affected your life. They're asking some of the survivors of the victims to participate possibly when the trial were to begin in September. Have you given this serious consideration? Do you think that, you know, you would feel that it would be necessary to participate in that manner?

RIVERA: Oh, I would very much want to participate in this trial, for a lot of reasons. Definitely to voice how this has affected my life because this is the second time that I've had to endure this nightmare. My husband was involved in the 1993 bombing back then and at that time we suffered a lot of emotional trauma then. This time it became -- my husband's nightmare, it became a reality. And this is something that he always feared for nine years. And it came to pass.

And now it's taken a different toll on my life with my children and I'm suffering a lot of not only emotional trauma but, you know, financial distress because I'll never be able to make the salary my husband made and, you know, my other securities as far as medical and dental coverages and things of that nature.

My children are, you know, every day is a struggle for them, you know, to go on. My oldest son has fallen into a severe deep depression. He has no will or desire to continue living. My youngest son, the 4-1/2-year-old, he's displaying a lot of anger within himself, don't know how to voice in his little mind, you know, the sadness that his daddy is no longer home. How do you explain to a 4- year-old your father went off to work and fell off the face of the earth?

So I want to be very much a part of this trial. As far as the death penalty, I don't agree with the death penalty and the reason why is we're not dealing with average people that would be afraid to die. These people live, you know, on dying. They feel that if they are killed, their reward to go to heaven by their god, Allah, you know...

WHITFIELD: Let me bring in Cynthia, who's in Washington. Cynthia, the prosecutors in Arlington, Virginia, have made this request. They want this to be a death penalty case, four of those charges being death penalty qualified charges. But the U.S. government, Attorney General John Ashcroft still has to respond to this request. What is the government considering as it reaches its deadline of next Friday in which to respond to this recommendation to make this a death penalty case?

CYNTHIA ALKSNE, FORMER FEDERAL PROSECUTOR: Well, here's the way the process works. The United States attorney who wants to have a death penalty prosecution writes a memo and goes to the death penalty review committee in the Department of Justice. Defense attorneys can also go to that committee, the capital case review committee, and present their position and they make a decision and will make a recommendation to the attorney general.

Ultimately, the attorney general will decide whether or not this is a death penalty prosecution.

In the meantime, because the time is running short, prosecutors are preparing that section of the case. Should they get a conviction in the guilt phase, how will they present this to the jury? Well, they can't have every family there, you know, because there were so many people affected. So they're looking for a representation of people to actually make that presentation to the jury and they're looking for about 30 families.

WHITFIELD: And quickly, Cynthia, I've got six of the charges, four of which, as I said, are death penalty qualified charges. Let's take a look at them. Maybe you can quickly -- conspiracy to commit acts of terrorism transcending national boundaries...

ALKSNE: Right.

WHITFIELD: Conspiracy to commit aircraft piracy. What...

ALKSNE: Conspiracy to use a weapon of mass destruction.

WHITFIELD: Conspiracy to destroy aircraft.

ALKSNE: Right.

WHITFIELD: And to use weapons of mass destruction.

ALKSNE: Right.

WHITFIELD: What particularly do you think are going to be the charges that may, if there's a way in which to reach out to say this may clinch the case?

ALKSNE: Well, I don't think it's so much of the charge. In the guilt phase, the problem with the Zacarias Moussaoui case is he was in jail when September 11 happened.

WHITFIELD: Yes.

ALKSNE: He had been arrested in August. That's the biggest problem with the case. So the government is going to have to show by the fact that he went to al Qaeda training camps, he received money from al Qaeda operatives, he went to the same flight schools and he has lied to prosecutors, these types of things, that he was involved in the conspiracy. And, but just the simple fact the defense says hey, our guy was in jail. The simple fact that he wasn't present is obviously the weakness of the case that the government is going to have to overcome.

WHITFIELD: All right, thanks very much, Cynthia Alksne, from Washington, and Nilsa Rivera here in the studio with me. Thanks so much for joining us, both of you, again, this morning.

RIVERA: You're welcome.

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