Germans and French Agree to Give Evidence in Moussaoui Case

On November 27, 2002, French and German authorities agreed to furnish evidence requested by the U.S. in the U.S. prosecution of French national Zacarias Moussaoui after the U.S. Government assured them the evidence will not be used to seek or impose the death penalty. The documents are important because they arguably establish important connections between Moussaoui and al Qaeda operatives. In particular, documents in the possession of German authorities show money transfers from a member of the Hamburg group that carried out the September 11, 2001 terrorist attacks in the U.S. The French documents include the original version of a dossier showing Moussaoui?s childhood and early adult life in southern France, including his links with Islamic radicals both there and in London. Under the agreement U.S. prosecutors will be able to use the French and German evidence in the first phase of a Moussaoui trial concerning his guilt or innocence. The agreement precludes the use of the evidence in the sentencing phase, where prosecutors plan to seek the death penalty. Public DEFENDER Frank W. Dunham, who serves as standby counsel for Moussaoui, observed that the agreement permits juries to consider a defendant?s guilt in determining a sentence. In other words, once the information sent by France and Germany is admitted, the jury members will not be able to erase it from their minds. Hence, Dunham said the statement that the evidence will not be used in the sentencing phase of the case would be a misrepresentation.