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Last Updated: Friday, 17 March 2006, 20:02 GMT
New Moussaoui testimony allowed
Judge Leonie Brinkema (background) speaking to prosecutor David Novak (r), defence attorney Edward MacMahon (2r) with  Zacarias Moussaoui (l)
Moussaoui's sentencing trial is due to resume on Monday
The US federal judge in the sentencing trial of Zacarias Moussaoui has said new witnesses may testify in place of several thrown out as "tainted".

The move is a lifeline for prosecutors in the trial of the only person charged in the US over the 9/11 attacks.

The judge had thrown out about half the government's case on the grounds witnesses had been coached by a lawyer.

The government is seeking the death penalty for Moussaoui, who has pleaded guilty to conspiring with al-Qaeda.

The sentencing trial is due to resume on Monday.

Misconduct claim

In a written order to prosecutors, Judge Leonie Brinkema said new witnesses on aviation security could be presented so long as they had not had contact with government lawyer Carla Martin.

"The government's proposed alternative remedy of allowing it to call untainted aviation witnesses or otherwise produce evidence not tainted by Ms Martin has merit," she wrote.

Carla Martin, US government lawyer
Carla Martin has been "viciously vilified", her lawyer says
Prosecutors had said there was no point continuing the case if they were not allowed to present some evidence about aviation security.

The case was thrown into disarray earlier this week when Judge Brinkema called a halt and threw out seven witnesses because of what she said was government misconduct.

Ms Martin is accused of e-mailing transcripts of the trial's opening statements to aviation witnesses who were due to testify for both sides.

She is also alleged to have told witnesses how to respond to possible cross-examination tactics.

Ms Martin has now been placed on paid administrative leave. It is not clear if any disciplinary measures will be taken.

Ms Martin's lawyer issued a statement saying his client had been "viciously vilified".

Moussaoui was arrested in Minnesota a month before the 11 September 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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