Lawyer who upset Moussaoui trial put on leave

US News Article | Reuters.com


Thu Mar 16, 2006 6:20 PM ET

By Deborah Charles

WASHINGTON (Reuters) - The government lawyer accused of improperly communicating with witnesses, hurting the U.S. case against September 11 conspirator Zacarias Moussaoui, has been put on administrative leave, officials said on Thursday.

Officials from the Transportation Security Administration and the Department of Homeland Security said Carla Martin, 51, was placed on paid administrative leave on Wednesday. They did not say what disciplinary measures, if any, might be taken.

The move was taken after U.S. District Judge Leonie Brinkema said Martin, a TSA lawyer who served as the liaison with federal prosecutors and the Federal Aviation Administration for the Moussaoui trial, had violated a court order and damaged the case.

Moussaoui, an admitted al Qaeda member who has pleaded guilty to conspiracy in connection with the September 11 attacks, is on trial to see if he will be executed.

Martin e-mailed transcripts of the trial's opening arguments to aviation witnesses who were to testify for both the government and the defense. She also attempted to coach some of the witnesses about their testimony.

She also told one of the witnesses, who had been called to testify for the defense, not to talk to Moussaoui's lawyers before the trial, the witness said.

Due to Martin's actions, Brinkema on Tuesday threw out all aviation-related testimony and evidence -- about half of the government's case against Moussaoui. She also warned Martin she might be held in civil or criminal contempt.

Martin's lawyer, former U.S. Attorney Roscoe Howard, issued a statement saying his client had been "viciously vilified" and that she must have the chance to give her side of the story.

"When her opportunity comes, her response will show a very different, full picture of her intentions, her conduct and her tireless dedication to a fair trial," Howard said.

Martin, a former flight attendant, is a veteran aviation attorney who often dealt with aviation security issues.

In court papers to petition Brinkema to reconsider her decision, prosecutors said Martin's actions were criminal but the actions of one person should not jeopardize the case.

"For over four years, scores of government agents and attorneys ... have interviewed thousands of witnesses and assembled millions of documents," prosecutors wrote. "In this sea of government attorneys and agents who have assiduously played by the rules, Ms. Martin stands as the lone miscreant."

"Her aberrant and apparently criminal behavior should not be the basis for undoing the good work of so many."

Moussaoui's lawyers urged Brinkema on Thursday not to reconsider her decision about the aviation-related material.

"The court's ruling imposing sanctions was, without question, necessary to protect Mr. Moussaoui's right to a fair trial," they wrote. "Striking the aviation component of the case was an appropriate sanction given the blatant misconduct of Carla Martin which 'irremediably contaminated' that portion of the government's case."

Moussaoui's lawyers originally asked Brinkema to throw out the death penalty option because Martin had violated the court order on communicating with witnesses.

The sentencing trial is scheduled to resume on Monday.