Friday, March 24, 2006

Subpoena to TSA Attorney Martin Quashed

Transportation Safety Administration attorney Carla Martin will not have to appear as a witness called by the defense in the death penalty trial of Zacarias Moussaoui.  Martin had disclosed trial transcripts to various government witnesses in violation of U.S. District Judge Leonie Brinkema's sequestration order, which nearly resulted in the government being unable to complete its case due to the court's order barring those witnesses from testifying.  Judge Brinkema's order (here) notes only that the subpoena has been quashed "based in [on?] the request of Carla Martin's counsel."  That statement indicates that Martin would have assert her Fifth Amendment privilege if called to testify, as she did at an earlier hearing when her violation of the court's order first came to light.  Martin is currently on paid leave, and once the Moussaoui death penalty case is complete, look for Judge Brinkema to take up the issue of a possible criminal contempt proceeding against Martin. (ph)

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