April 22, 2004: Death Penalty for Moussaoui Allowed by Appeals Court

In spite of multiple rulings beginning in 2002 that Zacarias Moussaoui must be allowed to question witnesses, including Ramzi bin al-Shibh, the government has continued to refuse any access to high-level al-Qaeda prisoners. Because of this, Judge Brinkema sanctions the government by ruling in October 2003 that the prosecution could not seek the death penalty. [Time, 10/19/2003] Prosecutors have appealed the decision and, on this day, a federal appeals panel restores the government’s right to seek the death penalty. However, the same ruling hands a partial victory to Moussaoui, ordering prosecutors to work out a method that would permit Moussaoui to question three high-level prisoners. CBS News reports that the judge ruled, “Moussaoui could have access to information from three al-Qaeda prisoners [Khalid Shaikh Mohammed, Ramzi bin al-Shibh, and Mustafa Ahmed al-Hawsawi] who may be able to exonerate him.” [CBS News, 4/23/2004] As a result of the appeals decision, the government will file a motion in July 2004, seeking to conduct a psychiatric evaluation of Moussaoui. The motion explains that the evaluation would only be used to counter any defense strategy to spare Moussaoui the death penalty by citing his mental condition. The motion states, “Like most capital cases, the mental condition of the defendant is likely to play a significant rule during the penalty phase.” [CBS News, 4/23/2004; Associated Press, 7/7/2004]