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Letter From the U.S. Department of Justice: Letter From the U.S. Department of Justice:
U.S. Department of Justice
Re: United States v. Zacarias Moussaoui Dear Family : We are the United States Attorneys for the Eastern District of Virginia and the Southern District of New York. On behalf of the Attorney General of the United States and all of us at the United States Attorneys' Offices, we wish to express our deepest sympathy and concern for you and your family in the wake of the September 11 terrorist attacks on the United States.
We are writing to advise you that on December 11, 2001, a grand jury sitting in the Alexandria Division of the United States District Court for the Eastern District of Virginia returned an indictment charging six counts against Zacarias Moussaoui. The indictment charges Moussaoui with the following crimes: The indictment charges that Moussaoui was a member of the conspiracy that planned and executed the September 11 terrorist attacks on American Airlines Flight 11, United Airlines Flight 175, American Airlines Flight 77, United Airlines Flight 93, the World Trade Center, and the Pentagon. Under federal conspiracy law, a conspirator may be charged in any jurisdiction where an overt act in furtherance of the conspiracy took place. Accordingly, the indictment returned in the Eastern District of Virginia charges Moussaoui for his involvement in the terrorist acts that were committed not only in Virginia, but also in New York and Pennsylvania. The prosecution of the Moussaoui case is being handled by attorneys from our two offices and the Criminal Division of the United States Department of Justice. On January 2, 2002, Defendant Moussaoui appeared before the Honorable Leonie M. Brinkema, United States District Judge, for his arraignment. Judge Brinkema will be the trial judge and will also preside over other proceedings held in the Moussaoui case. During the arraignment, Defendant Moussaoui entered a plea of not guilty and requested a trial by jury. As in every criminal case, the defendant is presumed innocent until proven guilty at trial. Defendant Moussaoui is represented by the Federal Public Defender for this District, an Assistant Public Defender, and an attorney in private practice. Defendant Moussaoui will remain in the custody of the United States Marshals Service pending trial. On four of the six counts of the indictment, the maximum sentence is death. Under federal law, the Attorney General of the United States must personally determine whether to seek the death penalty. Judge Brinkema has ordered that Defendant Moussaoui submit to the Attorney General his objections to the application of the death penalty by March 1, 2002. Judge Brinkema has further ordered that the Attorney General must decide no later than March 29, 2002, whether the United States will seek the death penalty. If so, the United States must file by March 29, 2002, a pleading entitled the "Government's Notice of Intent to Seek a Sentence of Death." In such a pleading, the United States must list the reasons the defendant should be sentenced to death. If the United States files such a Notice, Defendant Moussaoui must file with the Court any objection to the applicability of the death penalty to his case no later than April 18, 2002. Oral argument on the adequacy of the government's notice of intent to seek the death penalty is scheduled for 9:00 a.m. on May 16, 2002. In addition to issuing a scheduling order regarding death penalty notification and litigation, Judge Brinkema has set specific deadlines for the filing of pleadings and has scheduled hearings to resolve legal issues prior to trial. Judge Brinkema has ordered that Defendant Moussaoui and the United States file preliminary criminal motions no later than March 13, 2002. It is unknown at this time what, if any, motions Defendant Moussaoui intends to file. However, preliminary criminal motions often include constitutional challenges seeking suppression of the government's evidence and requests for review of the government's evidence. Judge Brinkema has also ordered that all oppositions to preliminary criminal motions be filed by March 27, 2002, and has scheduled the motions for oral argument at 9:00 a.m. on April 4, 2002. Judge Brinkema has further ordered that any additional standard criminal motions be filed by May 31, 2002, with oppositions due no later than June 14, 2002. Oral argument on the additional standard criminal motions is presently set for June 20, 2002. Moreover, pursuant to Judge Brinkema's scheduling order, the United States must produce classified discovery to the defense by June 1, 2002. "Discovery" means information and material that a defendant has a legal right to review or inspect. "Classified" discovery information and materials are protected from public disclosure due to national security considerations. After receiving classified discovery, Defendant Moussaoui must file his notice of intent to disclose classified information. That notice is due no later than July 26, 2002. Any objections to the defendant's notice must be filed by August 9, 2002, and the Court will hear oral argument on August 15, 2002, to resolve any issues concerning the use, relevance or admissibility of the defendant's proposed classified disclosures. The United States may also seek to introduce classified information at trial. Judge Brinkema has ordered that the United States provide Defendant Moussaoui with notice of the classified information it intends to introduce as evidence at trial by August 23, 2002. Any defense objections must be filed by August 30, 2002. Judge Brinkema will hold a hearing on September 5, 2002, to resolve issues concerning the use, relevance or admissibility of the government's proposed classified disclosures. The motions hearings are presently scheduled to be held in Courtroom 700 of the Albert V. Bryan United States Courthouse, which is located at 401 Courthouse Square in Alexandria, Virginia. The hearings will be open to the public unless the Attorney General certifies that a public proceeding may result in the disclosure of classified information. The trial is scheduled to begin on September 30, 2002, with jury selection starting on that date. At this time, it is anticipated that opening statements and the taking of evidence will commence approximately two weeks later, on or about October 15, 2002. Additional information about the trial will be provided in future communications. The Clerk of Court for the United States District Court for the Eastern District of Virginia has advised that the court plans to make all documents filed in the Moussaoui case available in full text on the Web site www.vaed.uscourts.gov. That Web site is new and is expected to be up and running in the very near future. In addition, you will be able to access information concerning the Moussaoui case using the Victim Notification System Call Center. Materials relating to the Victim Notification System are enclosed. Within the next few weeks, you will receive further correspondence from our offices. Teams of attorneys and staff from the United States Attorneys' Offices and the United States Department of Justice will be visiting areas of the United States to personally meet with victims and survivors who desire to speak with us. Details concerning these visits (such as location and dates) will be provided in the near future by separate letter. We will do our best to keep you informed of the progress of the prosecution of the Moussaoui case. We can assure you that the United States Department of Justice is using all available resources to ensure that justice is served in this prosecution. Moreover, law enforcement agents across the world continue to work tirelessly to ensure that those responsible for the September 11 atrocities are apprehended and held fully accountable for their criminal acts. Sincerely,
Paul J. McNulty
James B. Comey, Jr. Enclosures
Information on the Case of United States v. Zacarias Moussaoui: The United States Attorneys from the Eastern District of Virginia and the Southern District of New York are charged with prosecuting Zacarias Moussaoui for his involvement in the murders of our loved ones on September 11th. On 12/11/01, a grand jury returned an indictment charging six counts against Moussaoui, four of which carry a maximun penalty of death. The trial is scheduled to begin on 9/30/02, with jury selection starting on that date. The U.S. Attorneys’ office began a mailing campaign on 1/31/02 to keep victims of this crime (relatives of decedents and injured survivors) informed of the progress of the prosecution of this case. In a preliminary meeting held in NYC on 2/19/02, David J. Novak, Assistant U.S. Attorney and Senior trial counsel, stated that although 3,700 letters were mailed to victims, he does not believe everyone was reached in this mailing. Therefore, families of those murdered or injured survivors who did not receive this letter should call (866) 828-1834. Families and injured survivors have the right to be informed of the progress of the trial and to participate in the penalty phase of the trial. Some victims (perhaps, 30 total) will be selected to make “impact statements” detailing the devastating physical, emotional and economic toll this crime has taken on their lives. While not everyone can be selected to make a statement, Mr. Novak indicated everyone will be represented during the trial. Additionally, plans are in the works to have closed circuit TV viewing centers for families and victims to view the trial. The U.S. Attorneys office plans to interview every victim and family who wishes to be interviewed. The details of these personal, scheduled interviews will be forthcoming in a second letter from the U.S. Attorneys’ office within the next couple of weeks. Although each family will be given a specific, scheduled date and time by the U.S. Attorneys’ office, the following is general information related to victim interviews:
New York area interviews will be conducted during the week of March 25 at the Southgate Hotel as follows:
Monday, March 25 at 9am:
Tuesday, March 26 at 9am:
Wednesday, March 27 at 9am:
Thursday, March 28 at 9am:
Friday, March 29 at 9am:
Boston area interviews on Monday, April 8 beginning at 9am at:
Northern Virginia\ Washington DC area interviews on Tuesday, April 16 beginning at 9am at:
Victims can make an appointment for an interview by calling: For each location, general comments by the United States Attorneys will be made from 9-9:30am and again from 1-1:30pm. Private inteviews at half hour intervals will run from 10am to 12:30pm and then again from 2pm to 8pm. Interviews will occur in private rooms with an AUSA\Paralegal and an FBI Special Agent. Letters will be mailed with a questionnaire, which the U.S. Attorneys are asking the victims to complete and bring with them. They are also asking all victims to bring one photograph of the deceased, which will be copied at the site and immediately returned. Victim Notification System (VNS):
Victims who received the letter of January 31 also received a VNS ID and PIN number (it was part of an enclosure with the letter). Numbers allow the person to telephone the VNS Call Center at (866) 828-1834 during the following times (except Federal holidays):
Once you have entered your VNS ID and PIN, you can talk to a VNS Call Center operator to update your personal contact information. The Call Center will also provide an automated system to let the victims access information such as:
If someone did not receive the letter, they can call the following number to receive a VNS PIN No,: The U.S. Attorneys’ office has assured us they will do their best to keep us informed of the progress of the prosecution of this case and will use all available resources to ensure that justice is served.
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