Calling off the case

Prosecutors may drop Moussaoui death-penalty case due to judge ruling out security evidence

BY JOHN RILEY
STAFF CORRESPONDENT

March 16, 2006, 10:52 AM EST

ALEXANDRIA, Va. -- Prosecutors have told U.S. District Judge Leonie Brinkema that they will likely give up their death-penalty case against al-Qaida conspirator Zacarias Moussaoui if they can't overturn her dramatic Tuesday ruling banning aviation-security evidence from the case.

"We don't know whether it is worth us proceeding at all, candidly, under the ruling you made," prosecutor Rob Spencer told Brinkema during a teleconference late Tuesday, according to a transcript released yesterday. "Without some relief, frankly, I think that there's no point for us to go forward."