Two life sentences for Moussaoui
U.S. District Judge Leonie M. Brinkema of Alexandria, Va., on Thursday sentenced Zacarias Moussaoui to two consecutive life prison terms, each without the possibility of release at any time, based on his April 2005 guilty pleas to six counts of terrorism conspiracy. The case is U.S. v. Moussaoui, docket 01-455. The judge formally declared that “the sentence adequately reflects the seriousness of the offense, adequate punishment and deterrence as well as protection of the community.”
The seven-page judgment form can be found here. (On the public docket, page 7 is not included because it includes “sealed information,” the judge noted.)
Judge Brinkema acted after the jury in U.S. District Court on Wednesday declined to impose a death sentence on any three of the six counts at issue in that verdict.
She ordered Moussaoui to serve together (”concurrently”) five life prison terms without the possibility of release on counts 2 through 6, and a separate life term without release on count 1, consecutive to the concurrent sentences on the other counts.
The judge noted that Moussaoui could have been fined between $25,000 and $250,000, but said any fines were waived “because of inability to pay.” Nevertheless, she ordered him to pay $600 ($100 per count) for a special assessment, “due in full immediately.” If that amount is not paid, it will be deducted from any account Moussaoui has while in prison, the judge ordered.
The judge said that Moussaoui has ten days to file an appeal of the sentence.
This case highlights an atavistic streak in American jurisprudence: the dichotomy between public perception and jury verdict. How many people really thought Moussaoui would get life in prison? Not many. Put this one up there with the OJ trial and the Rodney King verdict (the state court one). People will criticize the verdict becasue of what the allegation was and not consider the actual evidence presented. I do not agree with the life sentence but every serious thinking person ought to pause and appreciate the beauty of the American jury system to dole out justice free from irrational passion and prejudice. While radical Islamists are slicing off the heads of innocent Westerners, we are providing the perpetrators fair trials in a calm environment. The average anti American foreigner must be scratching his head on this one.
Comment by Dennis Bedard — May 5, 2006 @ 7:26 am
Lyle: The 7th, sealed page of the Judgment would be the “Statement of Reasons” for the sentence. For the last several years, this page of all federal criminal judgments has been excluded from the public docket (and on appeal may not be included in a publicly filed appendix). The reason for this policy is that many federal sentences reflect a reduction in what otherwise would be imposed, as a reward for the defendant’s cooperation (”substantial assistance”) in the investigation or prosecution of another person. As part of the effort to protect these defendants from the risk of retaliation in prison (or to their families), the nature and extent of their cooperation with the authorities is not publicized. In order that “cooperators” not be identifiable by negative implication, *all* “Statements of Reasons” are filed under seal. (Copies of the Reasons page of a judgment are also contraband in the U.S. Bureau of Prisons system. A copy is kept under lock and key at the prison, and a sentenced defendant who wants to review his own may do so only in his counselor’s office.) The judge’s reasons for imposing the particular sentence are, however, in most cases — including Moussaoui’s — stated in open court, as required by 18 U.S.C. sec. 3553(c).
Comment by Peter G — May 5, 2006 @ 11:40 am