IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division
UNITED STATES OF AMERICA
v.
ZACARIAS MOUSSAOUI,
Defendant
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NOTICE OF INTENT TO SEEK A SENTENCE
OF DEATH
The United States of America hereby
notifies the Court and the defendant, ZACARIAS MOUSSAOUI, and his
counsel, that in the event of the defendant's conviction on any of
Counts One, Two, Three, or Four of the Indictment, wherein the
defendant is charged respectively with Conspiracy to Commit Acts of
Terrorism Transcending National Boundaries in violation of Title 18,
United States Code, Sections 2332b(a)(2) & (c), Conspiracy to
Commit Aircraft Piracy in violation of Title 49, United States Code,
Sections 46502(a)(1)(A) and (a)(2)(B), Conspiracy to Destroy Aircraft
in violation of Title 18, United States Code, Sections 32(a)(7) and 34,
and Conspiracy to Use Weapons of Mass Destruction in violation of Title
18, United States Code, Section 2332a(a), the Government will seek the
sentence of death, in that the circumstances of the offenses are such
that a sentence of death is justified.
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I. Statutory Threshold Findings Enumerated
in 18 U.S.C. § 3591(a)(2)(C) & (D):
The Government will seek
to prove the following threshold findings as the basis for imposition
of the death penalty in relation to Counts One, Two, Three, and Four of
the Indictment:
1. The defendant,
ZACARIAS MOUSSAOUI, intentionally participated in an act, contemplating
that the life of a person would be taken or intending that lethal force
would be used in connection with a person, other than one of the
participants in the offense, and the victims died as a direct result of
the act. Section 3591(a)(2)(C).
2. The defendant,
ZACARIAS MOUSSAOUI, intentionally and specifically engaged in an act of
violence, knowing that the act created a grave risk of death to a
person, other than one of the participants in the offense, such that
participation in the act constituted a reckless disregard for human
life and the victims died as a direct result of the act. Section
3591(a)(2)(D).
II) Statutory Aggravating Factors Enumerated under 18
U.S.C. § 3592(c)(1) through (16):
The Government will seek
to prove the following statutory aggravating factors as the basis for
imposition of the death penalty in relation to Counts One, Two, Three,
and Four of the Indictment:
1. In committing the
offenses described in Counts One, Two, Three, and Four, defendant
ZACARIAS MOUSSAOUI knowingly created a grave risk of death to one or
more persons in addition to the victims of the offense. Section
3592(c)(5).
2. The defendant,
ZACARIAS MOUSSAOUI, committed the offenses described in Counts One,
Two, Three, and Four in an especially heinous, cruel, and depraved
manner in that they involved torture and serious physical abuse to the
victims. Section 3592(c)(6).
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3. The
defendant, ZACARIAS MOUSSAOUI, committed the offenses described in
Counts One, Two, Three, and Four after substantial planning and
premeditation to cause the death of a person and commit an act of
terrorism. Section 3592(c)(9).
II) Other Non-Statutory Aggravating Factors
Identified under 18 U.S.C. § 3593(a) and (c):
The Government will seek
to prove the following non-statutory aggravating factors as the basis
for imposition of the death penalty in relation to Counts One, Two,
Three, and Four of the Indictment:
1. On or about February
23, 2001, defendant, ZACARIAS MOUSSAOUI, a French citizen, entered the
United States, where he then enjoyed the educational opportunities
available in a free society, for the purpose of gaining specialized
knowledge in flying an aircraft in order to kill as many American
citizens as possible.
2. The actions of
defendant, ZACARIAS MOUSSAOUI, resulted in the deaths of approximately
3,000 people from more than 15 countries (the largest loss of life
resulting from a criminal act in the history of the United States of
America).
3. The actions of
defendant, ZACARIAS MOUSSAOUI, resulted in serious physical and
emotional injuries, including maiming, disfigurement, and permanent
disability, to numerous victims who survived the offense.
4. As demonstrated by the
victims' personal characteristics as individual human beings and the
impact of their deaths upon their families, friends, and co-workers,
the defendant, ZACARIAS MOUSSAOUI, caused injury, harm, and loss to the
victims, their families, their friends, and their co-workers.
5. The actions of
defendant, ZACARIAS MOUSSAOUI, were intended to cause, and in fact did
cause, tremendous disruption to the function of the City of New York
and its economy as evinced by the following:
a. The deaths of 343 members of the New York City Fire Department,
including the majority of its upper management, and the loss of
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approximately 92 pieces of fire-fighting apparatus including fire
engines, ladder companies, ambulances and other rescue vehicles; b. The
deaths of 37 Port Authority officers, the deaths of 38 Port Authority
civilian employees, the destruction of the headquarters of the Port
Authority, and the loss of approximately 114 Port Authority vehicles;
c. The deaths of 23 New York City police officers and
the loss of numerous vehicles used by the New York Police Department to
fight crime;
d. The deaths of 3 New York state court officers;
e. The death of 1 Special Agent of the Federal Bureau
of Investigation (FBI);
f. The death of 1 Master Special Officer of the United
States Secret Service, the destruction of the New York field office for
the United States Secret Service, the loss of 184 vehicles used by the
United States Secret Service, including 7 armored limousines, the loss
of all of the weapons stored in the New York field office for the
United States Secret Service, the destruction of communication
equipment used by the New York field office for the United States
Secret Service, and the destruction of evidence stored in the New York
field office for the United States Secret Service, which was to be used
in criminal prosecutions;
g. The destruction of the United States Customs
building, which housed all components of the United States Customs
Service in New York City, the destruction of the laboratory utilized by
the United States Customs Service in its northeast region, the loss of
50 vehicles used by the United States Customs Service to fight crime,
the loss of the majority of the weapons stored in the New York field
office for the United States Customs Service, the destruction of
communication equipment used by the
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New York field office for the United States Customs Service, and the
destruction of evidence stored in the New York field office for the
United States Customs Service, which was to be used in criminal
prosecutions;
h. The destruction of the offices of the New York
field division of the Bureau of Alcohol, Tobacco and Firearms (ATF),
the loss of 15 vehicles used by the ATF to fight crime, the destruction
of the regional firearms center used to examine all firearms collected
as evidence by the ATF as well as approximately 400 firearms which had
been seized as evidence in criminal prosecutions, and the destruction
of approximately 100 weapons used by ATF Special Agents to fight crime;
i. The destruction of the offices of the New York
field division of the Internal Revenue Service, the loss of 7 vehicles
used by the Internal Revenue Service to fight crime, and the
destruction of evidence stored in the New York field office of the
Internal Revenue Service;
j. The destruction of the offices of the New York
field division of the Office of Inspector General (Office of
Investigation) for the Department of Housing and Urban Development
(HUD), the loss of 5 vehicles used by HUD, the destruction of
approximately 46 weapons used by HUD to fight crime, and the
destruction of evidence stored in the New York field office of HUD,
which was to be used in criminal prosecutions;
k. The destruction of the Office of Emergency
Operations Center, which was designed to coordinate the response to
large-scale emergencies in the City of New York;
l. The disruption of service on train and subway
lines, including the E line, subway lines 1 and 9, and the Port
Authority Trans-Hudson (PATH) lines;
m. The closure of parks, playgrounds, and schools in
lower Manhattan;
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n. The displacement of businesses located in the World Trade Center and
the economic harm to each of the businesses;
o. The disruption of telephone service in Manhattan;
p. The destruction of approximately 12 million square
feet of office space;
q. Property loss costing several billion dollars;
r. The temporary closure of the New York Stock
Exchange (NYSE) and the New York Mercantile Exchange (NYMEX);
s. The temporary closure of state and federal
courthouses in Manhattan; and,
t. The delay of the meeting of the United Nations
General Assembly and a special meeting of the United Nations called to
address UNICEF issues.
6. The actions of defendant, ZACARIAS MOUSSAOUI, were
intended to cause, and in fact did cause, tremendous disruption to the
function of the Pentagon as evinced by the following:
a. The destruction of the Naval Command Center and the loss of the
majority of its staff;
b. The destruction of the Naval Intelligence Plot and
the loss of the majority of its staff;
c. The destruction of the Army Resource Management
Center and the loss of the majority of its staff;
d. The destruction of approximately 400,000 square
feet and the damage of over 1 million square feet of office space;
e. The destruction of a portion of the Pentagon, which
had just been renovated at the cost of more than $250 million; and,
f. The destruction of computers, other technological
equipment, furniture, and safes specifically designed for use by the
Pentagon because of its
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unique role as the center of military operations for the United States
of America.
7. The defendant, ZACARIAS MOUSSAOUI,
has demonstrated a lack of remorse for his criminal conduct.
The Government further
gives notice that in support of imposition of the death penalty it
intends to rely upon all the evidence admitted by the Court at the
guilt phase of the trial and the offenses of conviction as described in
the Indictment as they relate to the background and character of the
defendant, ZACARIAS MOUSSAOUI, his moral culpability, and the nature
and circumstances of the offenses charged in the Indictment.
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Respectfully
submitted,
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Paul J. McNulty
United States Attorney
Eastern District of Virginia
_______________________________
James B. Comey
United States Attorney
Southern District of New York
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