A judge ordered an unexpected recess in the trial of confessed al Qaeda conspirator Zacarias Moussaoui on Monday amid allegations government lawyers violated rules against coaching witnesses. Alex Chadwick speaks with Laura Sullivan about developments in the case, including the possibility that Moussaoui may no longer face the death penalty.
MADELEINE BRAND, host: A surprise in the trial of alleged 9/11 conspirator Zacarias Moussaoui today. This morning, Judge Leonie Brinkema angrily declared a recess, because prosecutors have violated rules about coaching witnesses. She's going to consider if she wants to remove the death penalty as an option.</s>MADELEINE BRAND, host: Joining us is NPR's Laura Sullivan, who was in the courtroom today. And Laura, what happened?</s>LAURA SULLIVAN reporting: Well, the prosecution came forward first thing in the morning, and told the judge there had been an egregious violation of the rules. Apparently, one of the government attorneys for TSA had been coaching witnesses, employees of both TSA and the FAA. She had emailed seven employees a transcript of proceedings from the earlier week, including one of the witnesses that testified, and the opening statements of the defense and the prosecution.</s>MADELEINE BRAND, host: So, tell us about this witness coaching. She had expressly, the judge expressly forbade that?</s>SULLIVAN: She said absolutely, the witnesses should have no knowledge of the witnesses that came before them, or the arguments that the defense and the prosecution were going to be making in the case.</s>SULLIVAN: It's, you know, one of the decisions that she will have to make is how to sanction the prosecution because of this issue. And she's considering throwing out all of their testimony.</s>SULLIVAN: And at this idea, the prosecution jumped up and said that that was half their case. The defense want the death penalty thrown out, and because this is only a question of whether or not he gets death or life in prison without parole, that would essentially throw the case out.</s>MADELEINE BRAND, host: And then what would happen? Would they re-try the case?</s>SULLIVAN: Well, attorneys were saying in the hallway that they would appeal whatever decision Brinkema is going to make. Tomorrow, they're going to bring witnesses--they're going to bring all seven of the employees forward to ask what they knew, how much did they read, how much has their testimony been tainted. And they're going to hold hearings all day tomorrow.</s>SULLIVAN: She dismissed the jury until Wednesday morning, when she might have a ruling. And she asked both the defense and the prosecutors to submit briefs today over the whole argument.</s>SULLIVAN: And, you know, she called it one of the most egregious violations she's seen on the bench. And the prosecution acknowledged that it was a serious misstep. And it's especially--it's also especially interesting for the prosecution, because it's the second misstep that the prosecution has had. She chastised them on Thursday for asking a highly improper question that she ordered stricken from the jury.</s>MADELEINE BRAND, host: So, if she decides to take out this testimony, strike this testimony, does that mean the government has no case?</s>SULLIVAN: The government has half a case. They, you know, they can bring forward all kinds of evidence that shows that Moussaoui lied to the FBI, and because of those lies, that he allowed the 9/11 attacks to occur.</s>SULLIVAN: What the prosecution was hoping to include with the FAA is they wanted to show that because of the--if the FAA had known more, that they could have stopped the knives from going onto the planes. Without that testimony, they're in some trouble.</s>MADELEINE BRAND, host: Thanks a lot. NPR's Laura Sullivan in Alexandria, Virginia.</s>SULLIVAN: Thank you very much.