First trial of 9/11 case surprising

ALEXANDRIA, Va. – Zacarias Moussaoui was a clown who could not keep his mouth shut, his old al-Qaida boss said, Khalid Shaikh Mohammed. But Moussaoui was surprisingly tame when tried for the 9/11 attacks – never turning the courtroom into the circus of anti-U.S. tirades that some fear Mohammed will create at his trial in New York.

And that wasn’t the only surprise during Moussaoui’s six-week 2006 sentencing trial here – a proceeding that might foreshadow how the upcoming 9/11 trial in New York will go.

Skeptics who feared prosecutors would be hamstrung by how much evidence was secret were stunned at the enormous amount of classified data that was scrubbed, under pressure from the judge, into a public version acceptable to both sides.

Prosecutors were surprised when they failed to get the death penalty – by the vote of one juror.

No one was more surprised than Moussaoui himself: At the end he concluded an al-Qaida member like him could get a fair trial in a U.S. court.

“I had thought that I would be sentenced to death based on the emotions and anger toward me for the deaths on Sept. 11,” Moussaoui said in an appeal deposition taken after he was sentenced to life in prison. “[B]ut after reviewing the jury verdict and reading how the jurors set aside their emotions and disgust for me and focused on the law and the evidence ... I now see that it is possible that I can receive a fair trial.”

All that suggests the dire predictions of critics and confident assertions of proponents should be viewed skeptically as prosecutors prepare to put Mohammed, the professed mastermind of the Sept. 11, 2001, attacks, and four of his alleged henchmen on trial in a civilian federal court.

The five had been headed for a military tribunal at the U.S. naval base at Guantanamo Bay, Cuba, until Attorney General Eric Holder announced last week he would charge them in civilian court and expects to seek the death penalty.