IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

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UNITED STATES OF AMERICA

v Criminal No. Ol-455-A

ZACARIAS MOUSSAOUI,

Defendant

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NOTICE OF INTENT TO SEEK A SENTENCE OF DEATH

The Uirited 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.
I. Statutory Threshold Findings Enumerated in 18 V.S.C. § 3591(a)(2)(C) & (D):

The Government will seek to prove the following threshold fmdings 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 MOUSSAOill, 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 MOUSSAOill, 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 V.S.C. § 3592(c)(I)

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 MOUSSAOm 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 MOUSSAOill, committed the offenses described in

Counts One, Two, Three, and Four in an especially heinous, cruel, and depraved manner in that

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they involved torture and serious physical abuse to the victims. Section 3592(c)(6).

3. The defendant, ZACARIAS MOUSSAOill, committed the offenses described in

Counts One, Two, Three, and Four after substantial planning and premeditation to cause the

death ofaperson and commit an act of terrorism. Section 3592(c)(9).

III. Other Non-Statutory Aggravating Factors Identified under 18 V.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 MOUSSAOill, 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 MOUSSAOill, 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, hann, and loss to the victims, their families, their

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friends, and their co-workers.

5. The actions of defendant, ZACARIAS MOUSSAOill, 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 approximately 92 pieces of

fire- fighting apparatus including fire engines, ladder companies, ambulances and

other rescue vehicles;

b. The deaths of37 Port Authority officers, the deaths of38 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

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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 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 Fireamls (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 A TF 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

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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 ofHUD, 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;

t. 

The disruption of service on train and subway lines, including the Eline,

subway lines 1 and 9, and the Port Authority Trans~Hudson (PATH) lines;

m. The closure of parks, playgrounds, and schools in lower Manhattan;

n. The displacement of businesses located in the World Trade Center and the

economic hann 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

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following:

its staff;

staff;

majority of its staff;

1 million square feet of office space;

the cost of more than $250 million; and,

safes specifically designed for use by the Pentagon because of its unique role as

the center of military operations for the United States of America.

his criminal conduct.

character of the defendant, ZACARIAS MOUSSAOill, 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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McNulty ~=-

-JJnited States Attorney

Eastern District of Virginia

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Certificate of Service

:f'i}

The undersigned hereby certifies that on the ~ ~y of March, 2002, a copy of the

Government's Notice was faxed and mailed to the following attorneys for the defendant:

Edward B. MacMahon, Jr., Esquire

107 East Washington Street

P.O. Box 903

Middleburg, Virginia 20118

(540) 687-3902

fax: (540) 687-6366

metro tel. no.: (703) 589-1124

Frank W. Dunham, Jr., Esquire

Public Defender

Eastern District of Virginia

1650 King Street

Alexandria, Virginia 22314

(703) 600-0808

Fax: (703) 600-0880

Gerald Zerkin, Esquire

Assistant Public Defender

One Capital Square

Eleventh Floor

830 East Main Street

Richmond, Virginia 23219

(804) 565-0880

fax: (804) 648-5033

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