New twist in Moussaoui trial

2006-03-29 18:58

Alexandria - In another twist to an already convoluted case, the jury deciding whether al-Qaeda conspirator Zacarias Moussaoui will be executed learned that he offered last month to testify for prosecutors against himself at his death penalty sentencing trial.

He also told agents he did not want to die in prison, the jury was told on Tuesday.

The disclosure, which came at the end of the testimony phase of Moussaoui's trial, provides the firmest evidence yet that 37-year-old Frenchman is seeking to derail his own defence in an effort to obtain martyrdom through execution.

It also could provide fodder for the closing arguments of both prosecutors and Moussaoui's court-appointed defence attorneys.

Closing arguments in the trial were set for Wednesday on whether Moussaoui's actions make him eligible for the death penalty or a life prison sentence.

If the jury finds he is eligible for the death penalty, a second phase would determine whether a death sentence is imposed.

In a hearing on Wednesday outside the jury's presence, prosecutors and defence attorneys argued over fine points of jury instructions and the implications of a hung jury in this phase.

Prosecutors want a mistrial declared if the jury does not agree unanimously; defense attorneys argued that result should end the trial with a sentence of life in prison.

To be eligible, prosecutors must prove that Moussaoui's actions resulted in at least one death on 9/11.

Moussaoui pleaded guilty last April to charges of conspiring with al-Qaeda to hijack planes.

According to Tuesday's testimony, Moussaoui offered in February during a jailhouse meeting with prosecutors to testify for the government that he planned to hijack and pilot a fifth plane on 9/11.

FBI agent James Fitzgerald testified that Moussaoui told him - in a meeting requested by the defendant - that he did not want to die behind bars and it was "different to die in a battle ... than in a jail on a toilet."

Moussaoui dropped his effort to testify for prosecutors after he learned that he had an absolute right to testify in his own defence.

- AP