Judge Will Consult With Victims' Families On Public Release

Jurors in the death penalty case of Zacarias Moussaoui, already tasked with a perhaps uneviable duty, may soon listen to what federal prosecutors say was the end result of Moussaoui's failure to cooperate with federal agents in August 2001: the cockpit tape that recorded the final moments of United Airlines Flight 93 on 9/11.

US District Judge Leonie Brinkema ruled Wednesday that jurors could listen to the tape -- which previously has been played only privately for the families of victims onboard the doomed flight -- part of the prosecution's attempt to link Moussaoui directly to the events of September 11.

Brinkema deferred ruling on the matter of the public release of the transcript from the tape -- which, as part of testimony in the Moussaoui trial, would be considered in the public domain per the 4th US Circuit Court of Appeals -- until the victim's families have time to weigh in on the matter.

"The court is also mindful that family members of the flight crew or passengers on Flight 93 may object to the voices of their loved ones being publicly revealed in this manner," wrote Brinkema, as reported by the Associated Press.

The families have until Tuesday to let their comments be heard. If the families do not object, Brinkema said she will release the material to the general public the day after it is submitted into evidence.

As was reported by Aero-News, jurors ruled earlier this week that Moussaoui is eligible for the death penalty for his role in the 9/11 attacks -- which, until Moussaoui himself admitted he was to have piloted a fifth airliner into the White House that day, federal investigators had judged to be a spotty connection at best.

Prosecutors are now focused on proving Moussaoui's failure to disclose all he knew about the attacks, when agents arrested him in August 2001, led to at least some of the 2,972 deaths that occurred the next month.

The AP reports Moussaoui's defense team, in an attempt to stave off the death penalty for life imprisonment instead, will likely argue that 'mitigating factors'-- including schizophrenia, and racism Moussaoui encountered as a Morrocan man growing up in France and England, may have led to the confessed al-Qaeda conspirator's actions.

The sentencing portion of the trial is set to resume Thursday morning.

FMI: www.usdoj.gov