Mistrial for Moussaoui?
 

The error of an outside attorney of feeding transcripts to witnesses may result in a mistrial or a suspension of the death penalty.

Things like this just mystify me. This lawyer didn't know it was a violation of court rules to do this? Didn't know it is construed as witness coaching? Shouldn't this lawyer be dropped from the BAR, maybe even prosecuted?

I am confused by the death penalty issue on this trial. The gist I get is that if Moussaoui had admitted to his activities in preparation for a terrorist attack later than 9-11, then the government would have stopped 9-11. Because he didn't they want the death penalty because of 9-11?

Someone please explain this?

FROM CNN.com


Prosecutors have told the jury that Moussaoui's lies to federal agents after his arrest in August 2001 contributed directly to nearly 3,000 deaths on September 11.

Had Moussaoui revealed his al Qaeda ties and the terror group's hijacking plans rather than covering that up, prosecutors say, the FBI and aviation security officials would have taken steps to thwart the plot.

The defense disputes that, saying investigators would not have unraveled the plot in the 25 days between Moussaoui's arrest on an immigration violation and the terrorist attacks in New York and Washington.

Thanks. He says he was training for an attack later than 9-11 and was happy to plead guilty to that.
I just don't get this rational for death penalty.

Re: Mistrial for Moussaoui?
 

It wasn't an outside attorney, it was part of the prosecuting attorney's team. Since this would be against the law in any court, the answer is yes, the thug knew what he was doing.

This happens a lot in federal court, in fact I'd suspect that the guilty party was so used to doing it that he simply thought the judge would be blind to his activities.

The trial of the Branch Davidians was rife with it.