Curious headline:

[Pure]

Moussaoui Trial Delayed Again

Government Lawyer Requests Her Own Attorney as She's Called to Testify

By Timothy Dwyer, Jerry Markon and William Branigin

Washington Post Staff Writers

Tuesday, March 14, 2006; 12:57 PM

Testimony by a government lawyer accused of misconduct in the death penalty trial of Zacarias Moussaoui was delayed this morning after she took the witness stand and was advised of her rights and told she had the right to be represented by counsel.

Carla J. Martin, a Transportation Security Administration lawyer who has been accused of coaching witnesses in the case, asked permission to address the court and was immediately cut off by an irritated U.S. District Judge Leonie M. Brinkema, who told her, "No, you're a witness."


When prosecutor David J. Novak suggested that Martin be advised of her rights, Brinkema told her that she has the right not to testify, that her testimony could be used against her because she is in jeopardy for the alleged violation of a court order and that she has the right to be represented by counsel.

Martin said she was in "an adversarial proceeding" and wanted a lawyer. She said she spoke to an attorney last night, but that he was unable to come to the court this morning. At that point, Brinkema directed her to contact the lawyer and see if he could come in later today or, if not, at 8:30 a.m. Wednesday.

 

[3113]

Here's more on this bizarre situation:

Death Penalty Allowed

Essentially, the judge decided "the proper remedy was not to eliminate the government's bid for the death penalty — as the defense asked — but to acknowledge that parts of the case dealing with aviation security matters were now 'irremediably contaminated.'"

In brief:
ALEXANDRIA, Va. - The judge in the Zacarias Moussaoui sentencing case decided Tuesday to allow the government to continue to seek the death penalty against the confessed al-Qaida conspirator.

But, exasperated by mounting government missteps, Judge Leonie Brinkema ruled that no testimony about aviation security measures would be allowed during the trial into whether Moussaoui is executed or spends life in prison.

Prosecutors had said previously that testimony from aviation officials would comprise half their case.

The government's case originally had two parts. Prosecutors intended to show active steps the FBI could have taken and defensive measures aviation officials could have taken to thwart the Sept. 11, 2001, attacks if Moussaoui had not lied about his terrorist connections when he was arrested a month earlier.

"I don't think in the annals of criminal law there has ever been a case with this many significant problems," Brinkema said.

After the daylong hearing into whether upcoming witnesses had been tainted by improper coaching by a federal lawyer, Brinkema announced her remedy for the misconduct and ordered the trial to resume with the jury back in court on Wednesday.

 

[dr_mabeuse]

Heard about this on the radio yesterday. Apparently, some of the government prosecutors either mailed or discussed tips on testifying with the witnesses they were going to call in direct violation of the judge's orders that these witnesses not know anything about what had already occurred in the case. The judge was reportedly furious.