special verdict form - USDC Eastern District Of Virginia

THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA ))v. ) Criminal No. 01-455-A) Hon. Leonie M. BrinkemaZACARIAS MOUSSAOUI, )a/k/a “Shaqil,” )a/k/a “Abu Khalid al Sahrawi,” ))Defendant )SPECIAL VERDICT FORMI. AGE OF DEFENDANTThe defendant stipulates that he was eighteen years of age or older at thetime of the offense.Instructions:Answer YES or NODo you, the Jury, unanimously find that the Government has establishedbeyond a reasonable doubt that the defendant was eighteen years of age or older attime of the offense?YES ____NO ____Instructions:If you answered YES to this question, then proceed to SectionII for this count. If you answered NO to this question, thencross out Section II of this <strong>form</strong> and move on to the next count.

II. THRESHOLD FINDINGSInstructions:Answer the following questions as to Count One:(1) Do you, the jury, unanimously find that the Government hasestablished beyond a reasonable doubt that the defendant intentionallyparticipated in an act, i.e. lying to federal agents on August 16-17,2001.PROVEN________NOT PROVEN_____________(2) Do you, the jury, unanimously find that the Government hasestablished beyond a reasonable doubt that the defendant participatedin the act, i.e. lying to federal agents on August 16-17, 2001,contemplating that the life of a person would be taken or intendingthat lethal force would be used in connection with a person, other thanone of the participants in the offense.PROVEN________NOT PROVEN_____________(3) Do you, the jury, unanimously find that the Government hasestablished beyond a reasonable doubt that victims died on September11, 2001, as a direct result of the defendant’s act, i.e. Mr. Moussaoui’slies to federal agents on August 16-17, 2001.PROVEN________NOT PROVEN_____________The Foreperson must sign the <strong>form</strong>, provide his juror number, and write in thedate. You should then advise the Court that you have reached a decision.________________________Foreperson____________________________Juror Number of ForepersonDATE: ___________________________, 20062

Respectfully Submitted,Zacarias MoussaouiBy CounselGerald T. ZerkinSr. Assistant Federal Public DefenderKenneth P. TroccoliAnne M. ChapmanAssistant Federal Public Defenders<strong>Eastern</strong> <strong>District</strong> of <strong>Virginia</strong>1650 King Street, Suite 500Alexandria, VA 22314(703) 600-0800Edward B. MacMahon, Jr.107 East Washington StreetP.O. Box 903Middleburg, VA 20117(540) 687-3902Alan H. Yamamoto643 South Washington StreetAlexandria, VA 22314(703) 684-4700CERTIFICATE OF SERVICEI hereby certify that by hand-delivery on this 24th day of March 2006, a truecopy of the foregoing pleading was served upon AUSA Robert A. Spencer, AUSADavid J. Novak and AUSA David Raskin, U.S. Attorney’s <strong>Of</strong>fice, 2100 JamiesonAvenue, Alexandria, VA 22314.Anne M. Chapman3