9/11 Conspirator Zacarias Moussaoui Sentenced to Life

The jury's decision to allow Zacarias Moussaoui to live, in jail, without possibility of parol is a truly remarkable decision given the testimony that Zacarias Moussaoui provided following the testimony of the victims' family members.

On April 13, 2006, September 11 conspirator Zacarias Moussaoui said that he had no regrets for those who died in the hijacked plane attacks and told jurors in his death penalty trial he wished "there would be more pain."

In comments that brought at least one relative of a victim to tears, Moussaoui mocked survivors of the attacks who had told the court of their pain and said he would like to see similar attacks against Americans every day.

"I find it disgusting that some people would come here to share their grief in order to get the death of someone else," he said.

"We wanted you to have pain in your country," said Moussaoui, an admitted al Qaeda member. "I just wish it would have happened September 12, September 13, September 14 ... there's no remorse for justice."

He was speaking after a week of graphic testimony by guilt-stricken survivors of the deadly attacks and sobbing family members of some of the nearly 3,000 people who died.

Asked during his 2-1/2 hours of testimony whether he had any regret for the suffering caused by the attacks, Moussaoui responded: "None whatsoever."

Moussaoui said he had enjoyed recent images in court showing the Pentagon after it was attacked on September 11 and said reports of all the deaths "make my day."

His comments prompted tears from a distraught family member of one victim who eventually got up and left the courtroom.

Moussaoui, 37, who has pleaded guilty to six counts of conspiracy in connection with the attacks, pulled back from statements made after his indictment that indicated he would welcome a death sentence.

His lawyer Gerald Zerkin showed him a filing he made to the court in August 2002 in which he said the "greatest jihad in Islam is to speak the truth in front of the tyrant and be executed for it."

Moussaoui said he no longer wanted to include the "and be executed" part, because he had consulted Islamic books and decided that violated Muslim religious beliefs.

"TRUST IN GOD"

Moussaoui, who was taking the stand for the second time at his sentencing trial against the advice of his lawyers, also criticized his court-appointed defense team. He said their strategy should have included the argument that life in prison was the best punishment since execution would reward him with martyrdom.

Defense lawyers are trying to persuade the jury that Moussaoui is mentally unstable with delusions of importance in al Qaeda and should not be sentenced to death.

Moussaoui said in court last month that he was supposed to fly a fifth plane into the White House as part of the al Qaeda hijacking plot. That contradicted his previous claims that he was not meant to be part of the September 11 hijacking, but was supposed to be in a second wave of attacks.

Moussaoui, dressed in a green prisoner jumpsuit and a white cap, said on Thursday his testimony made little difference.

"I thought about ... the consequences for me saying I was a part of 9/11. I decided to just put my trust in God and tell the truth and time will tell," he said.

"Even without my testimony, taking into account the emotion of the case, there was definitely a chance I would be found eligible for death," he said.

The 12-person jury had already found that Moussaoui is eligible for execution. Jurors are now deciding whether to sentence him to death or life in prison.

What does this mean? I interpret it as a failure on the part of the United States Government, who has a particularly bloodthirsty bent towards killing and destruction. I view the verdict as a victory of the wisdom of the jury, who decided to end the cycle of death. The symbolism of this act of mercy is hard to ignore; it will be fascinating to watch the Muslim reaction to the jury decision that allows Moussasaoui to live.

From a litigation point of view, I question the benefit of not putting a client in a criminal trial on the stand. In my criminal cases, I've always engaged the client with the intent of having them testify. Of course, I've only engaged with clients that could testify truthfully. I've yet to have a criminal defense client take a guilty plea or suffer a conviction.