Jury begins pondering death for Moussaoui

The only criminal case in U.S. courts to grow directly out of the terrorist attacks on Sept. 11, 2001, the death penalty proceeding against Zacarias Moussaoui, is now in final jury deliberations on his fate.

At 2:26 p.m. Monday, according to news accounts, the jury began considering whether to impose the death sentence — Phase II of its work in the proceeding (U.S. v. Moussaoui, 01-455). Moussoaoui has pleaded guilty to terrorism conspiracy charges, so the only issue is the sentence. On Monday, April 3, the jury unaniiously reached a Phase I verdict, finding Moussaoui eligible for a death sentence.

The jury did not finish its work on Monday, and will resume at 8:30 a.m. Tuesday. The day’s schedule calls for deliberations to continue to 4 p.m., if necessary, with only a single 45-minute lunch break. If the jury finds for a death sentence, that will be imposed; if not, Moussaoui will be sentenced to life in prison without possibility of parole.

When the jury finishes its work, it must fill out a 42-page verdict form; that form can be found here.

Under an order issued by U.S. District Judge Leonie M. Brinkema last Saturday, the announcement of the jury’s verdict in open court will be delayed one hour after the judge knows there is a verdict. That is designed to accommodate the victims who have been watching the proceedings at places other than the courtroom in Alexandria, Va. If the verdict’s announcement comes before 12:30 p.m., Brinkema will impose a sentence at 3 p.m. that day. If the announcement comes after 12:30, the sentencing will come on the next day — unless it is a Friday, in which case the sentence will be imposed the following Monday.

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