Moussaoui May Help His Own Case

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After three rocky weeks, prosecutors wound up on a strong note as they rested their case for executing al-Qaida conspirator Zacarias Moussaoui. But the witness who could prove most valuable for them has yet to take the stand: the defendant himself. For most of the trial, lawyers for the only man charged in this country for the attacks of Sept. 11, 2001, seemed to be making more points than the government from the prosecution's witnesses. But former FBI agent Aaron Zebley and federal aviation security official Robert Cammaroto finally managed to get across the prosecutors' main points late last week - even though a legal shadow lingers over their testimony.

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On July 18, 2002, Moussaoui tried to plead guilty to some charges. Brinkema decided Moussaoui did not understand his legal situation and stopped him then, but not before he said: ``I have no participation in Sept. 11, but ... I have certain knowledge about Sept. 11, and I know exactly who done it. I know which group, who participated, when it was decided.'' Longtime federal prosecutor E. Lawrence Barcella Jr., now in private practice, said in an interview, ``If Moussaoui says that on the stand, he may well rescue victory for the prosecution from the jaws of defeat.''

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Meantime, law professor Tobias believes ``the government's case was not very strong. Occasional witnesses were strong, like the transportation security testimony, but some FBI witnesses were more helpful to the defense.'' FBI agent Harry Samit, who arrested Moussaoui, accused his superiors of ``criminal negligence'' in rejecting 70 entreaties he made during August and early September 2001 to get a search warrant for Moussaoui's computer and start of full criminal investigation. Other federal witnesses detailed mishandling by the CIA, FBI and FAA of tips and intelligence about the hijackers during 2000 and 2001.

Defense lawyers have stressed that no one puts Moussaoui with or in contact with any of the 19 hijackers, who lived and trained together in small groups. They argue the government knew more about Sept. 11 than Moussaoui beforehand and still did not move to stop it, so his lies were not the reason it succeeded. The last thing they want is for him to tell the jury he knew more about the deadliest terrorist attack in U.S. history.

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