Wednesday, May 03, 2006

A Reasonable Verdict...

...in the Moussaoui case. From the Jury form, as published in Newsday:
Section III. Mitigating factors.

Indicate the number of Jurors who find that the defense has established the existence of each listed mitigating factor by a preponderance of the evidence.

A. That if he is not sentenced to death, Zacarias Moussaoui will be incarcerated in prison for the rest of his life, without the possibility of release. Number of jurors who so find -- five.

B. That Moussaoui has maintained a nonviolent record for the past four years while incarcerated in the Alexandria Detention Center with minimal rules violations. Number of jurors -- one.

C. That the Federal Bureau of Prisons has the authority and ability to maintain Moussaoui under highly secure conditions. Number of jurors -- one.

D. That given his conduct, and the likely conditions of his maximum security confinement, Moussaoui will not present a substantial risk to prison officials or other inmates if he is sentenced to life imprisonment without the possibility of release. Number of jurors -- three.

E. That a sentence of life in prison without the possibility of release, under the strict conditions the Bureau of Prisons is likely to impose, will be a more severe punishment for Moussaoui than a sentence of death. Number of jurors -- none.

F. That Moussaoui believes that his execution will be part of his Jihad and will provide him with the rewards attendant to a martyr's death. Number of jurors -- none.

G. That execution will create a martyr for radical Muslim fundamentalists, and to al-Qaida in particular. Number of jurors -- none.

H. That Moussaoui's unstable early childhood and dysfunctional family resulted in his being placed in orphanages and having a home life without structure and emotional and financial support eventually resulting in his leaving home due to his hostile relationship with his mother. Number of jurors -- nine.

(On Count III, eight jurors found this mitigating factor to be true. On Count IV, seven jurors found this mitigating factor to be true.)

I. That Moussaoui's father had a violent temper and physically and emotionally abused his family. Number of jurors -- nine.

(On County III, 7 jurors found this mitigating factor to be true. On Count IV, six jurors found this mitigating factor to be true.)

J. That Moussaoui's father abandoned him and his siblings, leaving Zacarias's mother to support and raise their children on her own. Number of jurors -- two.

K. That Moussaoui was subject to racism as a youngster because of his Moroccan background which affected him deeply. Number of jurors -- three.

L. That Moussaoui's mother had a violent uncle or men unrelated to the family living in the home with the family. Number of jurors -- none.

M. That his two sisters and his father all suffered from psychotic illnesses. Number of jurors -- four.

N. That even though he arrived in England with no money and lived in a homeless shelter, he endured the hardship and through perseverance graduated with a masters degree from South Bank University. Number of jurors -- none.

O. That his mother's failure to provide her children with any meaningful religious training or practice left Moussaoui without the theological or intellectual basis to resist the preachings and propaganda of radical Muslim fundamentalists in London who provided him with a sense of group identity he never had. Number of jurors -- none.

P. That Moussaoui suffers from a psychotic disorder, most likely schizophrenia, paranoid subtype. Number of jurors -- none.

Q. That Moussaoui's role in al-Qaida while in Afghanistan was as a security clerk at a guesthouse and as a driver for persons staying at the guesthouse. Number of jurors -- none.

R. That Moussaoui's testimony about his plan to fly a plane into the White House is unreliable and is contradicted by his statements about other plots he was involved in. Number of jurors -- none.

S. That Moussaoui's role in the Sept. 11 operation, if any, was minor. Number of jurors -- three.

T. That he was incarcerated on the day of the Sept. 11 attacks. Number of jurors -- one.

U. That he was an ineffectual al-Qaida operative. Number of jurors -- none.

V. That other persons who were equally culpable in the offense, whether indicted or not, will not be punished by death and/or have not been the subject of a capital prosecution. Number of jurors -- none.

W. That other factors in the background or character of Moussaoui suggest that life without the possibility of release is the most appropriate punishment. Number of jurors -- none.

X. List any additional mitigating factors found by at least one juror and the number of jurors who so found.

-- Defendant had limited knowledge of Sept. 11 attack plans, three jurors.