Moussaoui Asks to Withdraw Guilty Plea

[R. Richard]

OK, Moussaoui had his trial and they sentenced him to "life in prison." Now, Moussaoui wants to withdraw his guilty plea and get a new trial. The judge pointed out that, although he could appeal the sentence, he had lost his right to appeal his conviction when he pled guilty in April 2005. However, Moussaoui can still appeal his sentence. [The legal term "life in prison" does not really mean life in prison, it means that the prisoner gets free room and board and the ability to manipulate the legal system.] I suspect that Moussaoui is willing to serve some time here [perhaps 30 days?], while he tries to convince a court that he is crazy as a loon and should thus be set free. Moussaoui has already admitted that he perjured himself and I have to wonder what the basis of his appeal will be. Comment?

Moussaoui Asks to Withdraw Guilty Plea

ALEXANDRIA, Va. - Convicted Sept. 11 conspirator Zacarias Moussaoui says he lied on the witness stand about being involved in the terrorist plot and wants to withdraw his guilty plea and go to trial. The judge turned him down.

Moussaoui said he was "extremely surprised" that he was sentenced to life in prison instead of execution and now believes he can get a fair trial from an American jury.

In a motion filed Monday, Moussaoui said he testified on March 27 that he was supposed to hijack a fifth plane on Sept. 11, 2001, and fly it into the White House "even though I knew that was a complete fabrication."

A federal court jury spared the 37-year-old Frenchman the death penalty last Wednesday. On Thursday, U.S. District Judge Leonie Brinkema gave him six life sentences, to run as two consecutive life terms, in the federal supermax prison at Florence, Colo.

As she handed down the sentence, Brinkema told Moussaoui that he could appeal the life term but that she doubted he would win. "I believe it would be an act of futility," she said.

The judge also pointed out that, although he could appeal the sentence, he had lost his right to appeal his conviction when he pled guilty in April 2005. "You waived that right," she said.

On Monday, Brinkema said his request to set aside his guilty plea and go back to trial on the facts of the case was "too late" under federal rules and must be rejected.

 

[Colleen Thomas]

OK, Moussaoui had his trial and they sentenced him to "life in prison." Now, Moussaoui wants to withdraw his guilty plea and get a new trial. The judge pointed out that, although he could appeal the sentence, he had lost his right to appeal his conviction when he pled guilty in April 2005. However, Moussaoui can still appeal his sentence. [The legal term "life in prison" does not really mean life in prison, it means that the prisoner gets free room and board and the ability to manipulate the legal system.] I suspect that Moussaoui is willing to serve some time here [perhaps 30 days?], while he tries to convince a court that he is crazy as a loon and should thus be set free. Moussaoui has already admitted that he perjured himself and I have to wonder what the basis of his appeal will be. Comment?

Moussaoui Asks to Withdraw Guilty Plea

ALEXANDRIA, Va. - Convicted Sept. 11 conspirator Zacarias Moussaoui says he lied on the witness stand about being involved in the terrorist plot and wants to withdraw his guilty plea and go to trial. The judge turned him down.

Moussaoui said he was "extremely surprised" that he was sentenced to life in prison instead of execution and now believes he can get a fair trial from an American jury.

In a motion filed Monday, Moussaoui said he testified on March 27 that he was supposed to hijack a fifth plane on Sept. 11, 2001, and fly it into the White House "even though I knew that was a complete fabrication."

A federal court jury spared the 37-year-old Frenchman the death penalty last Wednesday. On Thursday, U.S. District Judge Leonie Brinkema gave him six life sentences, to run as two consecutive life terms, in the federal supermax prison at Florence, Colo.

As she handed down the sentence, Brinkema told Moussaoui that he could appeal the life term but that she doubted he would win. "I believe it would be an act of futility," she said.

The judge also pointed out that, although he could appeal the sentence, he had lost his right to appeal his conviction when he pled guilty in April 2005. "You waived that right," she said.

On Monday, Brinkema said his request to set aside his guilty plea and go back to trial on the facts of the case was "too late" under federal rules and must be rejected.

Apparently, he didn't like the accomdations. Poor him.

 

[Ulaven_Demorte]

Too bad, he didn't get the martyr verdict he wanted so now he's changed his tune? I guess you don't get 40 virgins if you spend your entire life in prison. Poor fella.

 

[Couture]

Too bad, he didn't get the martyr verdict he wanted so now he's changed his tune? I guess you don't get 40 virgins if you spend your entire life in prison. Poor fella.

Yeah, and you gotta be *real* careful that no one is behind you when you bow down to pray to Allah.

 

[Selena_Kitt]

Can they re-try him and sentence him to death?

 

[Colleen Thomas]

Can they re-try him and sentence him to death?

Theoretically, there can't be any retrail. One of the rules in entering a guilty plea is that you can't retract it once you are senteced. This follows pretty well established practice. In basic you can't go in, plead guilty, see what your sentence is and then decide I could have don ebetter if I made them prove it. Generally, the law is written to keep someone who is,lets say, accused of a capital crime. Facing the death sentence if convicted and a better than average chance of being convicted, he decides to plead guilty, help investigators, and throws himself on the mercy of the court. Lets say he gets the death penalty anyway. The law was put in place to keep him from then saying, oops, my bad, I didn't really do it. You'll have to try me.

Once you plead guilty, and the sentnencing phase is over, you may only appeal the sentence not the conviction. He could, theoretically, have the sentence nulled by an appellate court, if he has substanial grounds for it. This might include such things as jury tampering or inappropriate action by the judge resulting in instructions to the jury that predisposed them to a certain decision. however, n this case, as the judge pointed out, he's unlikely to win one of those, because the sentence he recieved, two life terms, is about as lenient as he was going to get after being convicted of consipracy to kill over three thousand people.

If he can win an appeal and get a resentnencing, it woul dbe up to prosecutors then, to seek the death penalty a second time or to simply ask the jury to uphold the original, if I undrestand correctly.

 

[Selena_Kitt]

he's unlikely to win one of those, because the sentence he recieved, two life terms, is about as lenient as he was going to get after being convicted of consipracy to kill over three thousand people.

If he can win an appeal and get a resentnencing, it woul dbe up to prosecutors then, to seek the death penalty a second time or to simply ask the jury to uphold the original, if I undrestand correctly.

Darn.... I was hoping we'd get another shot at the death sentence...


Not many people I would sentence to death, if I were on a jury. But he's one.

 

[Colleen Thomas]

Darn.... I was hoping we'd get another shot at the death sentence...


Not many people I would sentence to death, if I were on a jury. But he's one.

It's just a guess, but i don't think the federal prosecutors will shoot for the death penalty, even if they got a second chance.

1. If they couldn't prove it the first time around, it's unlikely they will in a second sentencing.

2. This is a French citizen. Sentencing him to death would cause a lot of tension thatcan be avoided. Since there was no rioting in the streets over life, I seriously doubt it's worth the possibility of more friction with a nominal ally.

3. Perhaps more importantly. this guy would rather die than spend the next forty or fifty years in a 12 by 7 concrete cell. HIs mother is inconculate that he got life, when was the last time you saw a mother lamenting a life sentence in a captial crime? And he has changed his tune big time from the smart ass, insesntive prick who was mocking victim's statements.

I think he deserved death, but in leiu of that, he got life in death. He's cut off from the world, he can't spit vitriol or vent his rage, he's gone from being a martyr to being a non entity. Someone at justice has to be putting two and two together and realizing, it may be actually more of a deterrent to them to just lock them up and throw away the key, than it is to fry em.

A life sentence in Italy or France or Britian is one thing. Consecutive life terms at a federal super max, in a country that has no problem with keeping you in solitary and isn't predisposed to get politically remorseful and forgive and forget...that might prove to be something else again.

 

[TheEarl]

Darn.... I was hoping we'd get another shot at the death sentence...


Not many people I would sentence to death, if I were on a jury. But he's one.

I'm thrilled he's not getting killed. "No, Mr Moussaoui, you don't get your wish to be a martyr. You get to live out your life in the greyest room we can find, either in complete solitary confinement or getting the shit kicked out of you by very hard men. Enjoy!"

The Earl

 

[Ulaven_Demorte]

Darn.... I was hoping we'd get another shot at the death sentence...


Not many people I would sentence to death, if I were on a jury. But he's one.

I have no problem with capital punishment myself. But this guy WANTED the death penalty, to be killed as a martyr. I think it's fitting that he was denied that even though we as a country are now going to financially support this asshole for the rest of his natural life..

 

[Boota]

Supporting him in the supermax for life won't cost nearly as much as fighting the appeals to revoke a death sentence. And it is a far better punishment. I thought it would take six months before he changed his tune, once he got a taste of life in a supermax facility. This pussy barely made it a week. Fuck him, let him rot in the cell, sentenced to silence. While torture isn't legal, this is, and it's a lasting form of torture. He's getting the worst punishment we can give him. Death is too easy.

 

[Liar]

Hmm. Sounds to me the guy is just a major attention whore. I can't see a retrial happening here.

 

[R. Richard]

Hmm. Sounds to me the guy is just a major attention whore. I can't see a retrial happening here.

There will not be a retrial. The best that the guy can hope for is a review of the sentencing. In order to even get a review of the sentencing, he would have to prove that there were specific errors in procedure during the sentencing.

If he did manage to get a review of the sentencing, he could then possibly be sentenced to death.