From http://www.cnn.com/2006/LAW/04/24/mo....ap/index.html
Defense: Don't make 9/11 plotter a martyr
U.S. 'No place on this good Earth for Zacarias Moussaoui'
Monday, April 24, 2006; Posted: 12:22 p.m. EDT (16:22 GMT)
ALEXANDRIA, Virginia (AP) -- Zacarias Moussaoui's lawyer pleaded with jurors Monday to send his client to prison for life -- "the long slow death of a common criminal" -- rather than give him the martyrdom he seeks through execution.
The prosecution argued for a death sentence for the September 11 conspirator because "there is no place on this good Earth" for him.
Both sides gave their final points before deliberations were to begin by a jury that has already decided that the only person charged in this country in the September 11, 2001, attacks was responsible for death that day.
The question to be decided now: whether Moussaoui dies for the crime or spends life in prison. The judge will be bound to hand down the sentence chosen by the jury.
Prosecutor David Raskin urged the jurors to reject defense arguments that Moussaoui is mentally ill and to brush off any hesitation that they would be giving him what he wants by deciding on execution.
"He wants you to think Osama bin Laden will be mad at us," Raskin said. "Do you think Osama bin Laden gives a damn about what happens here? ... That is a joke."
U.S.: End the hate
Raskin said: "It is time to put an end to all this. It is time to put an end to his hatred and venom."
The prosecutor pointed out how Moussaoui mocked the testimony of September 11 victims and their families throughout the trial. "The defendant rejoices in all that pain," he said. "He told you that himself."
Raskin went on: "He loved it because he was responsible for it. He loved it because it meant to him, mission accomplished."
Defense lawyer Gerald Zerkin said Moussaoui's contempt for the victims and the trial "is proof that he wants you to sentence him to death. He is baiting you into it. He came to America to die in jihad and you are his last chance." Moussaoui, 37, did not cooperate with his lawyers.
Zerkin said the jury can instead "confine him to a miserable existence until he dies and give him not the death of a jihadist ... but the long slow death of a common criminal."
Defense: Moussaoui was inept
Zerkin also asked jurors to keep an eye on history, noting that even in the Nuremberg trials after World War II, only 11 death sentences were handed out for "the worst atrocities in the history of man."
He said Moussaoui is "a veritable caricature of an al Qaeda terrorist" and "the only al Qaeda operative inept enough to be captured before 9/11."
"This is about history, it is about how our justice system responded to the worst terrorist attack on our soil," Zerkin said.
Moussaoui said during a brief recess, "Never get me, America." He has generally sat impassively but at times will nod in agreement when lawyers comment on his lack of remorse.
The defense had presented evidence of Moussaoui's shattering treatment as a child born in France of Moroccan descent, of his father's and uncle's violence in his home and of mental illness rampant in his family.
Raskin said none of that excused his conduct. "What could possibly mitigate all of this? Did you hear anything that even remotely counterbalances all the aggravating evidence?"
Specifically, Raskin rejected the defense argument that Moussaoui is a schizophrenic.
"Just because we can't comprehend this kind of evil, doesn't mean he suffers a mental illness. We will never understand evil like this," Raskin said.
Although Moussaoui was in jail on September 11, the jury ruled that lies he told federal agents when he was arrested in August 2001 on immigration violations allowed the plot to go forward.
Sorrow to rage
Prosecutors presented testimony from dozens of victim-impact witnesses whose accounts often left jurors in tears. Emotions switched from sorrow to rage when prosecutors cross-examined Moussaoui, who mocked the victims' testimony and took glee in the September 11 aftermath.
Moussaoui had previously taken the stand and stunned the courtroom by claiming he was to have piloted a fifth plane on September 11, after years of denying a role in the attacks.
Defense lawyers sought to blunt the victim-impact testimony by putting a dozen September 11 family members on the stand in support of their case. The witnesses were barred from explicitly saying they favored life in prison, but got their point across by saying that they do not seek vengeance.
Much of the testimony also revolved around Moussaoui's mental health. Experts hired by the defense diagnosed him as a paranoid schizophrenic who suffers delusions, including his firmly held belief that President Bush will free him from prison.
Government-appointed experts say Moussaoui is not mentally ill and attribute his beliefs about Bush to religious zealotry.
Even if the jury believes Moussaoui is schizophrenic, it can still decide he should be executed. In many trials, proof of mental illness is a determining factor in what happens to a defendant, but in this case it is just one of many factors for the jury to weigh.
Copyright 2006 The Associated Press. All rights reserved.This material may not be published, broadcast, rewritten, or redistributed.
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