Jailhouse statements by accused Sept. 11 conspirator Zacarias Moussaoui will not be part of the prosecution’s case but could be used to cross-examine him if he testifies, according to a court order Wednesday. Moussaoui’s comments to deputy U.S. marshals on last Aug. 27 and Sept. 9 have not been made public. At the time, the marshals were searching for and retrieving classified material that inadvertently was delivered to Moussaoui’s cell in the Alexandria Detention Center. U.S. District Judge Leonia Brinkema’s order denied a request by Moussaoui’s court-appointed lawyers to suppress the statements on grounds that they resulted from an unlawful interrogation. Prosecutors agreed to refrain from using the statements when presenting the government’s case, Brinkema said. But prosecutors reserved the right to use them to cross-examine Moussaoui if he testifies as a rebuttal witness, and also during a penalty phase. Full Story
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