ALEXANDRIA (USA), March 14: Prosecutors on Tuesday fought to save the death penalty trial of Al Qaeda plotter Zacarias Moussaoui as a judge weighed whether to throw out the case because of coaching of witnesses by a government lawyer.

Judge Leonie Brinkema heard testimony without the jury present to assess the potential damage done by the attorney, Carla Martin, a lawyer for the Transportation Security Administration.

The dramatic hearing unfolded with lawyers from both sides clashing over the impact of the episode on the sentencing trial while the judge made several pointed interventions.

Martin was called as the hearing’s first witness but refused to testify, saying she had so far been unable to retain a lawyer.

Brinkema ordered her to obtain a lawyer so she can appear later on Tuesday or at the latest by 8:30am on Wednesday.

Two of the seven witnesses contacted by Martin also appeared and told the court the improper coaching would not change their testimony in the trial.

Lynne Osmus, head of intelligence at the Federal Aviation Administration (FAA), said that her testimony would not be affected by e-mails sent out by Martin.

Claudio Manno, deputy assistant administrator for security and hazardous materials at the FAA, also said that Martin’s e-mails had not changed how he would testify should the trial go ahead.

Brinkema angrily suspended proceedings on Monday after discovering violations of strict rules designed to protect witness testimony in the politically sensitive trial.

Prosecutors told the judge that Martin had discussed the case in detail with federal aviation officials due to testify in a key part of trial.

Martin also arranged for witnesses to see a transcript of the trial’s opening statements last week, in direct violation of Brinkema’s instructions.

“It is very difficult for this case to go forward,” a fuming Brinkema said on Monday.

In papers filed to the court before Tuesday’s hearing, the defence argued that the witnesses, all of whom are or were employed by the FAA, had been irreversibly tainted and so the trial should be dismissed.

“There is no way to un-ring the bell. The FAA witnesses have been tainted and no matter how much they contend that they can be truthful, they have been coached concerning the defects in the government’s case and how to overcome those defects,” the defence motion said.

In the event that the judge decides the case can still go ahead, the defence urged her to dismiss three of the seven witnesses who represent a crucial part of the prosecution case.

In its pre-hearing filings, the prosecution argued that dismissing the case entirely would be too harsh a sanction for the transgressions of a lawyer who was not part of the prosecution team.

“Dismissal of the death notice is unwarranted, and less draconian remedial measures are available to cure any possible taint to the witness.”

The prosecution argued that the defence could be given the opportunity to cross examine witnesses on the breach of the rules, and to address the jury on their impact.

The judge on Monday acknowledged that the integrity of the US criminal justice system was on the line before sending jurors home until Wednesday.

If she decides to dismiss the trial, Moussaoui, a 37-year-old French Muslim who is the only man charged in the United States in connection with the September 11, 2001 attacks, will spend his life in jail without parole.—AFP