Penalty trial for Moussaoui
This post is part of continuing coverage of the Moussaoui case following the Supreme Court’s denial of review.
A federal judge in Alexandria, Va., on Monday told attorneys on both sides of the Zacarias Moussaoui terrorism case to come up with a proposed schedule for a death penalty trial. The proposed schedule, along with a joint status report, is due within 11 days, District Judge Leonie M. Brinkema said in a two-page order. Moussaoui pleaded guilty on Friday to six conspiracy counts related to the terrorist attacks of September 11, 2001, and four of those counts carry a potential death sentence.
Counsel were also ordered to confer on the status of all pending motions, and to discuss how much time each would need to prepare for the penalty trial.
There was no indication in the judge’s order whether the penalty phase would be before her alone, or before a jury.
The Supreme Court (see post below) on Monday agreed to hear a death sentencing case involving issues that may have some bearing on the Moussaoui penalty trial. That trial, however, is likely to be concluded well before the Supreme Court holds a hearing on the new case next fall. It thus would be up to counsel to try to exploit or deflect the issues that that Court case entails.
Doesn’t there have to be a jury for the sentencing? Can the District Judge, alone, sentence Moussaoui to death?
Comment by Dave G. — April 26, 2005 @ 9:33 am
Yes. Courts have decided that in order for a party to plea guilty in a capital case, he must first be given the safeguards set out in Boykin. But in doing so, he must leave the sentencing up to a jury. Judge cannot decide the death sentence.
Comment by Brett — April 26, 2005 @ 11:36 am
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