Moussaoui given prosecution documents by mistake

September 7, 2002 Posted: 8:12 AM EDT (1212 GMT)

WASHINGTON (CNN) -- Two Justice Department officials said Friday that accused September 11 co-conspirator Zacarias Moussaoui was given documents he should not have been given.

The documents were briefly and accidentally given to Moussaoui, the officials said.

Moussaoui, 34, has been acting as his own lawyer since mid-June. U.S. District Court Judge Leonie Brinkema has assigned five attorneys to remain on standby to assist Moussaoui on legal questions, and if necessary, to cross-examine witnesses or take over the defense.

One official said the mistake was discovered quickly and that Moussaoui probably never knew what he had.

"There is absolutely no evidence that Moussaoui accessed the material at any time," said the official. The source went on to say Moussaoui's ability to look at or communicate material is limited tightly.

Another Justice Department official referred to the material briefly provided to Moussaoui as "a needle in a haystack and it's not even clear he knew the haystack was there."

This source added, "Just as soon as we realized the mistake it was corrected immediately."

Brinkema postponed the trial's opening statements from October 15 to January 6. Moussaoui and defense lawyers assisting him had requested the delay in order to have more time to review the large quantity of evidence in the case

As part of the discovery process in Moussaoui's trial, he has been given numerous documents and computer discs. But the judge in his case has ordered sensitive materials be withheld from the accused terrorist.

The sources would not say what the materials given to Moussaoui contained, what they concerned, how many pages of material they represented or how long he had them.

Moussaoui, a French citizen, admits belonging to al Qaeda, the terrorist group behind the September 11 attacks; swearing allegiance to its leader, Osama bin Laden; and participating in some unspecified conspiracy against Americans. But he denies playing a role in the September 11 attacks.

If convicted of the more serious of the six conspiracy charges against him, he could face the death penalty.

Moussaoui enrolled in Oklahoma and Minnesota flight schools after his arrival in the United States last year, taking pilot lessons like some of the hijackers. Prosecutors say he also underwent paramilitary training in al Qaeda camps in Afghanistan in 1998 and received money wired from the hijacking cell in Hamburg, Germany, last August.

CNN Justice Department Producer Terry Frieden contributed to this report.