Lawyers for convicted Sept. 11 plotter Zacarias Moussaoui were back in a federal appeals court yesterday trying to win a new trial.
They argued that Moussaoui's 2005 guilty plea to six terrorism-conspiracy counts was invalid because his trial lawyers could not yet tell him about classified evidence in possession of the government that supported a claim of innocence.
The case, argued before the Richmond-based 4th U.S. Court of Appeals this year, was re-argued yesterday because of the retirement of Judge Karen Williams, one of three judges who first heard the case and who left before it could be decided.
"This is a very important case about the right to counsel," argued Justin S. Antonipillai, a lawyer for Moussaoui.
Antonipillai said the inability of Moussaoui's trial lawyers to discuss certain classified material with him before he pleaded guilty -- over their objections -- was an improper interference in communication between lawyers and their client.
"That is a very dangerous thing . . . that is unconstitutional," he argued.
Moussaoui's trial lawyers could not yet tell him that Khalid Sheikh Mohammed, the mastermind of the Sept. 11 attacks, told authorities that Moussaoui was not involved -- he was training for a second wave of attacks that never happened.
Had the case gone to trial, the classified material would have been available to Moussaoui.
Kevin R. Gingras of the U.S. Department of Justice told the new three-judge panel yesterday that Moussaoui knew the nature of the information that he had not been able to learn before his plea, and that he knew that he would be getting the information before a trial.
"The idea he was completely in the dark about this information is simply not the case," Gingras argued. He said that Moussaoui "proudly" pleaded guilty: "He rejoiced in the nearly 3,000 deaths that resulted from his conspiracy."
He said the only thing that needs to be known in the case are the four words Moussaoui uttered after the judge made it clear that by pleading guilty he would spend the rest of his life in prison: "That was my choice."
Moussaoui got his wish and pleaded guilty over his lawyer's objections, Gingras said.
Yesterday's open session was followed by a closed one in which classified matters were discussed. It is unclear when the court will rule.
Contact Frank Green at (804) 649-6340 or fgreen@timesdispatch.com.
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