Zacarias Moussaoui tries to plead guilty -- but wasn't allowed to

[ibrodsky]

Here is a great example of how the U.S. judicial system has apparently lost its way.

Zacarias Moussaoui tried to plead "guilty" to judge Leonie Brinkema, but she entered a "not guilty" plea instead and told him to think it over for a week. Her explanation was that the penalty was the same either way. (In other words, if you plead "not guilty" there is at least a chance you will not be convicted.)

Moussaoui openly admitted in court that he is a member of Al Qaeda and serves Osama bin Laden.

Is it possible that the judge wants him to plead "not guilty" so that the evidence against him can be systematically presented to the public in a high-visibility trial? Or was she just concerned that he was not taking full advantage of his rights?

[cerulean]

http://msnbc.com/news/775165.asp

I think she just wanted to be sure he was fully aware of his rights. Given that Moussaoui has chosen not to have an attorney, future agitators will doubtlessly complain that he was denied his rights, despite the fact that he has made his own choices absolutely voluntarily. The judge is trying her best to ensure this conviction has every appearance of procedural fairness.

[Mediocrates]

Pro Se (represent yourself) cases are train wrecks. I can smell lawyers lining up to represent him on appeal already.

But I also suspect that no one wants to hear this guy's allocution upon pleading.

[ibrodsky]

Originally posted by cerulean
http://msnbc.com/news/775165.asp

I think she just wanted to be sure he was fully aware of his rights. Given that Moussaoui has chosen not to have an attorney, future agitators will doubtlessly complain that he was denied his rights, despite the fact that he has made his own choices absolutely voluntarily. The judge is trying her best to ensure this conviction has every appearance of procedural fairness.

But if he pleads guilty and chooses to represent himself, what is there to complain about? I think if he is pressed into pleading not guilty and assigned legal representation by the government the agitators will say that was not fair -- that he was not permitted to plead as he wanted.

[Mediocrates]

This was actually misreported. What he tried to do was slash out his own plea bargain on the fly. Out of nowhere he claimed he could rat out the 911 conspiracy as well as another unnamed current conspiracy if they let him plead in exchange for no death sentence. No one was prepared to respond and no plea bargain had ever been offered or discussed with the prosecution.

[cerulean]

Originally posted by ibrodsky

But if he pleads guilty and chooses to represent himself, what is there to complain about? I think if he is pressed into pleading not guilty and assigned legal representation by the government the agitators will say that was not fair -- that he was not permitted to plead as he wanted.

Of course no matter what happens, plenty of agitators will be there to say it's not fair. But as indicated in the following article and as Mediocrates said above, he appears to have been trying to plead guilty to reduce his chance of a death sentence without having actually negotiated a plea bargain. If the judge allowed the guilty plea to stand in those circumstances, he would undoubtedly have some grounds on which to base an appeal.

Based on the articles I've read so far, I have to say I'm impressed somewhat by Moussaoui's ability to conduct himself in English in a legal setting (although I think he is probably attempting a sick comedy). He's clearly a few notches above Richard Reid and Jose Padillo in terms of intelligence. I'm curious if he has an Al-Qaeda approved propaganda plan in place for everything that he does. What sort of communication does he have with outside sources?

=====
Moussaoui Attempts Guilty Plea
Terror Suspect Says He Has Knowledge of Sept. Attacks
By Tom Jackman
Washington Post Staff Writer
Friday, July 19, 2002

http://www.washingtonpost.com/wp-dyn/articles/A25456-2002Jul18.html

=====
This editorial explains the situation well.

http://www.washingtonpost.com/wp-dyn/articles/A28816-2002Jul18.html

[cerulean]

Moussaoui proved today that the judge made the correct decision a week ago. Today he withdrew his bid to plead guilty. If the judge had let him proceed last week with his guilty plea, he would have intentionally set up a huge procedural minefield in hopes of getting himself freed.

http://www.cnn.com/2002/LAW/07/25/moussaoui.hearing/index.html