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Last Updated: Wednesday, 15 March 2006, 00:10 GMT
Moussaoui trial cleared to resume
Judge Leonie Brinkema (background) speaking to prosecutor David Novak (r), defence attorney Edward MacMahon (2r) with  Zacarias Moussaoui (l)
The prosecution is expected to appeal against the judge's ruling
US prosecutors can continue to seek the death penalty for the only person charged in the US in connection with the 9/11 attacks, a judge has ruled.

Judge Leonie Brinkema had suspended the sentencing trial of Zacarias Moussaoui, saying government prosecutors had been involved in "egregious" misconduct.

She has now said the trial can continue and that the government could press its death penalty case.

But she is throwing out key evidence about aviation security measures.

The BBC's James Coomarasamy in Washington has described the ruling as a serious blow to the prosecution's case.

'Contaminated' evidence

The trial had been suspended after the government revealed one of its lawyers had coached four witnesses, breaking rules set by the judge.

"I don't think in the annals of criminal law there has ever been a case with this many significant problems," Judge Brinkema said.

Judge Brinkema said witnesses who had been contacted by the lawyer would not be allowed to testify and their evidence dismissed.

She said testimony by Federal Aviation Administration and Transportation Security Administration officials had been "irredeemably contaminated".

The testimony from aviation officials was to provide key evidence for the prosecution which said such evidence would comprise half their case.

The prosecution said it would consider appealing against the judge's ruling.

Judge Brinkema postponed the trial until Monday to allow the prosecution time to decide whether to appeal.

Moussaoui was arrested in Minnesota a month before the September 11 attacks after arousing suspicion at a flying school. He initially told federal agents he was training as a pilot only for personal enjoyment.

His sentencing trial could last up to three months.



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