Judge refuses to set trial date for Moussaoui

A federal judge said on Thursday that she will not set a trial date for alleged Al-Qaida conspirator Zacarias Moussaoui until the Supreme Court considers a defense appeal seeking to strike the death penalty. Prosecutors had asked District Judge Leonie Brinkema to set a May 31 trial date now that a federal appeals court has denied Moussaoui's demands to question three Al-Qaida captives. The appeals court agreed that the Al-Qaida figures' statements to U.S. intelligence agents would likely buttress Moussaoui's assertion that he knew nothing about the Sept. 11 attacks. But the court ordered Brinkema to draft substitutes from classified summaries of their statements for use at trial. Moussaoui's lawyers are preparing a petition asking the Supreme Court to bar prosecutors from seeking the death penalty if Moussaoui is denied access to favorable witnesses. [more]