Prosecutors contest move to close terror hearing

By The Associated Press

06.11.02

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ALEXANDRIA, Va. — Prosecutors oppose a defense request for a secret hearing on Zacarias Moussaoui's motion to represent himself against charges of conspiring with the Sept. 11 attackers.

Prosecutors said they see no reason to grant a motion by Moussaoui's court-appointed lawyers to close the proceeding scheduled for June 13. Any discussion of psychiatric reports on Moussaoui could be held in a conference at the bench, the government's written motion said.

Moussaoui's lawyers asked U.S. District Judge Leonie Brinkema on June 7 to close the hearing or allow Moussaoui to speak only in closed session.

They cited his "proclivity to make statements against his own interest," a reference to his April 22 courtroom statement that he prayed for destruction of the United States and Israel.

Yesterday, the prosecutors said: "There is no reason to believe that the defendant is incompetent and therefore if he chooses to speak, even to reveal attorney-client communications, that is his prerogative."

Prosecutors said June 7 that they agreed with a court-appointed psychiatrist that Moussaoui, the only person charged in the Sept. 11 attacks, was mentally competent to represent himself. They asked Brinkema to decide at a hearing whether the decision was made voluntarily.

Moussaoui said in April he wants to fire his lawyers, who submitted a separate mental health report questioning his competence to represent himself.

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