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Fourth Circuit hears arguments in Moussaoui appeal

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The US Court of Appeals for the Fourth Circuit on Monday heard oral arguments by lawyers for Zacarias Moussaoui, requesting Moussaoui's guilty plea and life sentence be withdrawn and a new trial be granted. The lawyers argued that Moussaoui's Fifth and Sixth Amendment rights were violated, making his guilty plea involuntary. Moussaoui's lawyers also argued that the plea itself was obtained in violation of Rule 11 of the Federal Rules of Criminal Procedure because Moussaoui was unaware of the charges being brought against him. In addition, Moussaoui's previous counsel did not have access to statements made by al Qaeda members denying Moussaoui's involvement in the 9/11 conspiracy. Finally, Moussaoui's lawyers argued that he was denied the right of counsel by being forced to use the court-appointed attorney. The government lawyer argued that Moussaoui's rights were not violated and that the guilty plea and life sentence should be upheld. Moussaoui's lawyers initiated this appeal in January 2008. Moussaoui pleaded guilty in April 2005 to six conspiracy charges in connection with the 9/11 attacks, including conspiracy to commit acts of terrorism transcending national boundaries, conspiracy to destroy aircraft and conspiracy to use weapons of mass destruction. He received a life sentence in 2006 after one juror refused to agree to the death penalty. He is currently serving his life sentence in the federal Supermax prison in Colorado.

Full post as published by JURIST - The Paper Chase on January 27, 2009 (boomark / email).