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Federal lawyer coached witnesses in the trial of al-Qaida conspirator
Chron.com
By MICHAEL J. SNIFFEN and LESLIE MILLER
© 2006 The Associated Press
March 14, 2006

WASHINGTON — Lawyers for two airlines being sued for damages by 9/11 victims prompted a federal lawyer to coach witnesses in the trial of al-Qaida conspirator Zacarias Moussaoui so the government's death penalty case would not undercut their defense, victims' lawyers allege.

The victims' lawyers, Robert Clifford and Gregory Joseph, claim that one of the airline lawyers forwarded a transcript from the first day of the Moussaoui trial to Transportation Security Administration lawyer Carla J. Martin.

In violation of an order by Moussaoui trial judge Leonie Brinkema, Martin forwarded that day's transcript to seven federal aviation officials scheduled to testify later in the sentencing trial of the 37-year-old Frenchman.

Martin's e-mailing of the transcript and her efforts to shape their testimony prompted Brinkema to toss out half the government's case against Moussaoui as contaminated beyond repair.

The contacts between lawyers for United and American Airlines and Martin were detailed in a legal brief filed on Moussaoui's behalf Thursday. That brief contained a March 15 letter from Clifford and Joseph complaining about Martin's actions to U.S. District Judge Alvin Hellerstein, who is presiding over the civil damage case in New York.

They wrote Hellerstein that the government's opening statement in the Moussaoui case "took the position that the hijackings were completely preventable and that gate security measures could have been implemented to prevent the 9/11 hijackers from boarding the planes had security been on the look out for short-bladed knives and boxcutters."

"This stands in stark contrast to the position that has been repeatedly articulated by counsel to the aviation defendants in the September 11 actions."

Because that government position could have "devastating" impact on the airlines' defense in the civil suit, American Airlines' lawyer forwarded the transcript to a United Airlines lawyer who forwarded it to Martin, Clifford and Joseph wrote. As proof, they cited March 7 e-mails that they provided to Hellerstein but which were not immediately available here.

"The TSA lawyer then forwarded the transcripts and sent multiple e-mails to government witnesses in a clear effort to shape their testimony in a manner that would be beneficial to the aviation defendants" in the civil suit, they wrote.

They then quoted a March 8 e-mail Martin sent to one of the government's Moussaoui witnesses that said:

"My friends Jeff Ellis and Chris Christenson, NY lawyers rep. UAL and AAL respectively in the 9/11 civil litigation, all of us aviation lawyers, were stunned by the opening. The opening has created a credibility gap that the defense can drive a truck through. There is no way anyone could say that the carriers could have prevented all short-bladed knives from going through. (Prosecutor) Dave (Novak) MUST elicit that from you and the airline witnesses on direct"

Clifford and Joseph said the developments represent "far more than appearance of impropriety" and asked Hellerstein to investigate "the mutual back-scratching relationship that appears to exist between the (airline) defendants and the TSA."

Asked about the allegations by Clifford and Joseph, United Airlines spokeswoman Robin Urbanski said, "Our actions have been entirely appropriate as have those of our outside counsel."

American Airlines did not immediately return a phone message seeking comment.

Contacted after midnight, Martin's attorney, Roscoe Howard, said he not heard of the New York lawsuit or the letter from Clifford and Joseph. "I'll have to ask her about it," he said, declining to comment further.

TSA spokeswoman Yolanda Clark said she was unfamiliar with the allegations made by Clifford and Joseph.

Earlier Thursday, Clark confirmed that TSA had put Martin on administrative leave.

In court on Tuesday, Brinkema said that Martin violated federal witness rules when she sent trial transcripts to seven aviation witnesses, coached them on how to deflect defense attacks and lied to defense lawyers to prevent them from interviewing witnesses they wanted to call.

Brinkema warned her that she could face civil or criminal charges and that she appeared to have violated rules of legal ethics.

Martin was assigned to be a government lawyer for the aviation witnesses called by both sides and to be a liaison between prosecutors and defense attorneys. Beyond that, she co-signed one government brief submitted in the case, attended closed hearings on classified documents and worked closely with prosecutors on preparing their exhibits.

Efforts to reach her for comment were unsuccessful, but her attorney, Roscoe Howard, said she was preparing a response. "Only her accusers' stories have been told, and those stories have been accepted as the whole truth," Howard said Thursday. "They are not."

On the Net:

Transportation Security Administration: http://www.tsa.gov

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