Unable to display image

 

ParfumGigi@aol.com

14 mars, 2007 22:16

Court Denies Evidence to 9/11 Families

By LARRY O'DELL

RICHMOND, Va. Mar 14, 2007 (AP)— A federal appeals court ruled Wednesday that the government does not have to turn over evidence from the trial of Sept. 11 conspirator Zacarias Moussaoui to family members of those killed in the terrorist attacks.

The three-judge panel of the 4th U.S. Circuit Court of Appeals said a Virginia judge lacked authority to order the government to provide the evidence for use in lawsuits against the airline industry and others.

Last April, U.S. District Judge Leonie Brinkema in Alexandria said the families were entitled to non-sensitive information that prosecutors shared with Moussaoui's attorneys but never introduced at his trial.

On Wednesday, the appeals court ruled unanimously that Brinkema had exceeded her authority, saying a federal court in New York has exclusive jurisdiction over civil actions arising from the Sept. 11 attacks.

"We, like the district court, have great sympathy for the victims of September 11 and their families," Judge Karen Williams wrote. "But regardless of how much respect and compassion this court has, we must ensure that the federal courts in our jurisdiction no matter how well intentioned do not exceed their legal power."

Moussaoui, a confessed al-Qaida conspirator and the only person in the United States charged in the attacks, was sentenced to life in prison in May after a jury found him responsible for at least one death on Sept. 11.

Neither Nathan Lewin, attorney for the plaintiffs, nor the U.S. attorney's office in Alexandria immediately returned phone calls seeking comment.

In her ruling, Brinkema said the plaintiffs enjoy special privileges as a result of legislation passed by Congress.

The appeals court disagreed, citing one law that applies only to criminal cases and another that gave the federal court in New York jurisdiction over Sept. 11 civil cases.

The court also said the plaintiffs' request could burden courts with time-consuming paperwork and cause further delays by forcing the government to more carefully screen materials provided to criminal defendants.

About 6,600 plaintiffs have sued parts of the airline industry and those alleged to have financed the terror group responsible for the attacks.

 


Go BackHomeGo Forward