Section III. Mitigating Factors

Instructions: 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. Ifno Juror finds that
the defense proved a particular Mitigating Factor, the word “NONE” should be written in the blank.
You may also write in paragraph X any additional Mitigating Factors found by at least one Juror,

by a preponderance of the evidence, even if not raised by the defense.

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 [s

B. That ZACARIAS MOUSSAOUI has maintained a non-violent record for the
past four years while incarcerated in the Alexandria Detention Center with
minimal rules violations.

Number of Jurors who so find _/ _

Cc. That the Federal Bureau of Prisons has the authority and ability to maintain
ZACARIAS MOUSSAOUI under highly secure conditions.
Number of Jurors who so find _/

D. That given his conduct, and the likely conditions of his maximum security
confinement, ZACARIAS MOUSSAOUT 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 who so find 3 _

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 ZACARIAS MOUSSAOUI than a sentence of death.

Number of Jurors who so find _“o“@

RF That ZACARIAS MOUSSAOUTL 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 who so find Aone

-20-


Section ITV. FINAL DECISION AS TO COUNT IV (Cont.)

2. SENTENCE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF
RELEASE
Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, do not unanimously

find that a sentence of death shall be imposed on the defendant.

0533
Juror Number)

FOREPERSON (Signature

na
Date: hey 3 — > 2006

-4]-


That other factors in the background or character of ZACARIAS
MOUSSAOUI suggest that life without the possibility of release is the most
appropriate punishment.

Number of Jurors who so find NE

List on the lines below any additional Mitigating Factors found by at least
one Juror and the number of Jurors who so found. If you need additional
space, ask for more paper:

1. That Lacarius Cloussaout fad bac feof

Lnewfeolye ot Le Uy affack plans.

Number of Jurors who so find ~3

2.

Number of Jurors who so find
3.

Number of Jurors who so find
4.

Number of Jurors who so find

37-


Section V. CERTIFICATION

By signing below, each juror certifies that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant or the victim was not involved
in reaching his or her individual decision, and that the individual juror would have
made the same sentence recommendation for ZACARIAS MOUSSAOUI no matter
what the race, color, religious beliefs, national origin, or sex of the defendant, or the

victim, would have been.

All Jurors and Foreperson must sign below:

O/F2

(Signature & Juror Number)

(Signature & Juror Number)

(Signature & Juror Number)

ee |.

(Signature & Juror Number)

(Signature & Juror Number)

0059

(Signature & Juror Number}

(Signature & Juror Number)

(Sim )

SAG

(Signaturé & Juror Nurhber) Juror Number)

FOREPERSON (Signature & Juror Number)

A
Date: tag Be , 2006

-14-


Number of Jurors who so find

Number of Jurors who so find

Instructions: Go to Section IV(B) to record your decision as to the appropriate sentence

recommendation.

-24-


Section V. CERTIFICATION

By signing below, each juror certifies that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant or the victim was not involved
in reaching his or her individual decision, and that the individual juror would have
made the same sentence recommendation for ZACARIAS MOUSSAOUI no matter
what the race, color, religious beliefs, national origin, or sex of the defendant, or the

victim, would have been.

All Jurors and Foreperson must sign below:

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number)

(Signature & Juror Number)

- e ...

(Signature & Juror Number)

.

(Signature & Juror Number)

ature & Juror Number)

ature & Juror Number)

FOREPERSON (Signature & Juror Number)
Be

Date: Feag ___, 2006

-42-


18.

19,

20.

The temporary closure of the New York Stock
Exchange (NYSE) and the New York Mercantile

Exchange (NYMEX);

The temporary closure of state and federal courthouses
in Manhattan; and,

The delay of the meeting of the United Nations General
Assembly and a special meeting of the United Nations
called to address UNICEF issues.

YES
NO

BE That the actions of defendant, ZACARIAS MOUSSAOUL, were intended to
cause, and in fact did cause, tremendous disruption to the function of the
Pentagon as evidenced by the following:

1,

The destruction of the Naval Operations Center and the
loss of the majority of its staff;

The destruction of the Naval Intelligence Plot and the
loss of the majority of its staff;

The destruction of the Army Resource Management
Center and the loss of its staff;

The destruction of 400,000 square feet and the damage
of over 1 million square feet of office space;

The destruction of a portion of the Pentagon which had
just been renovated at the cost of $250 million; and,

The destruction of computers, other technological

equipment, furniture, 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.
YES

NO

G. That the defendant, ZACARIAS MOUSSAOUL, has demonstrated a lack of
remorse for his criminal conduct?

ves

NO

Instructions: No matter how you answered with respect to the above Non-Statutory

Aggravating Factors, proceed to Section III.

-5-


That the execution of ZACARIAS MOUSSAOUI will create a martyr for
radical Muslim fundamentalists, and to al Qaeda in particular.
Number of Jurors who so find hone

That ZACARIAS 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 who so find _~_

That ZACARIAS MOUSSAOUI’s father had a violent temper and physically
and emotionally abused his family.
Number of Jurors who so find

That ZACARIAS MOUSSAOUD’s father abandoned Zacarias and his
siblings, leaving Zacarias’s mother to support and raise their children on her
own.

Number of Jurors who so find _2

That ZACARIAS MOUSSAOUI was subject to racism as a youngster
because of his Moroccan background which affected him deeply.
Number of Jurors who so find 3

That ZACARIAS MOUSSAOUI’s mother had a violent uncle or men
unrelated to the family living in the home with the family.
Number of Jurors who so find AONE

That ZACARIAS MOUSSAOUI’s two sisters and his father all suffered
from psychotic illnesses.
Number of Jurors who so find 4

That even though ZACARIAS MOUSSAOUI 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 who so find MONe

-35-


L.

That the execution of ZACARIAS MOUSSAOUI will create a martyr for
radical Muslim fundamentalists, and to al Qaeda in particular.
Number of Jurors who so find fone

That ZACARIAS 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 who so find _@_

That ZACARIAS MOUSSAOUI’s father had a violent temper and physically
and emotionally abused his family.
Number of Jurors who so find _7

That ZACARIAS MOUSSAOUD’s father abandoned Zacarias and his
siblings, leaving Zacarias’s mother to support and raise their children on her
own.

Number of Jurors who so find

That ZACARIAS MOUSSAOUI was subject to racism as a youngster
because of his Moroccan background which affected him deeply.
Number of Jurors who so find 3

That ZACARIAS MOUSSAOUP’s mother had a violent uncle or men
unrelated to the family living in the home with the family.
Number of Jurors who so find None

That ZACARIAS MOUSSAOUI’s two sisters and his father all suffered
from psychotic illnesses.
Number of Jurors who so find _/

That even though ZACARIAS MOUSSAOUI 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 who so find None

-21-


Section ITV. FINAL DECISION AS TO COUNT IIE (Cont.)

2. SENTENCE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF
RELEASE

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, do not unanimously

find that a sentence of death shall be imposed on the defendant.

052
FOREPERSON (Signature & Juror Number)

Date: thaw grt , 2006

-27-


That other factors in the background or character of ZACARIAS
MOUSSAOUI suggest that life without the possibility of release is the most
appropriate punishment.

Number of Jurors who so find None

List on the lines below any additional Mitigating Factors found by at least
one Juror and the number of Jurors who so found. If you need additional
space, ask for more paper:

1. That Zacarias Moussaoui fad [imi fed

Knowleolge of the Wy attack plans:

Number of Jurors who so find 2

2.

Number of Jurors who so find
3.

Number of Jurors who so find
4.

Number of Jurors who so find

-23-


That his mother’s failure to provide her children with any meaningful
religious training or practice left ZACARIAS 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 who so find _/207¢

That ZACARIAS MOUSSAOUI suffers from a psychotic disorder, most
likely schizophrenia, paranoid subtype.
Number of Jurors who so find _404€-

That ZACARIAS MOUSSAOULD’s role in al Qaeda while in Afghanistan was
as a security clerk at a guesthouse and as a driver for persons staying at the

guesthouse.
Number of Jurors who so find loge

That ZACARIAS MOUSSAOUD’ 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 who so find 212

That ZACARIAS MOUSSAOUI’s role in the 9/11 operation, if any, was
minor.
Number of Jurors who so find -?

That ZACARIAS MOUSSAOUI was incarcerated on the day of the 9/11
attacks.
Number of Jurors who so find _/

That ZACARIAS MOUSSAOUI was an ineffectual al Qaeda operative.
Number of Jurors who so find 72072

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 who so find _/040¢

-36-


10.

11.

2.

13.

14.

15.
16.

17.
18.

19.

20.

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;

The destruction of the offices of the New York field
division of the Office of Inspector General (Office of
Investigation) for the Department of Housing and
Urban Development D), 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 of HUD,
which was to be used in criminal prosecutions;

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;

The disruption of service on train and subway lines,
including the E line, subway lines 1 and 9, and the Port
Authority Trans-Hudson (PATH) lines;

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

The displacement of businesses located in the World
Trade Center and the economic harm to each of the
businesses;

The disruption of telephone service in Manhattan;

The destruction of approximately 12 million square feet
of office space;

Property loss costing several billion dollars;

The temporary closure of the New York Stock
Exchange (NYSE) and the New York Mercantile
Exchange (NYMEX);

The temporary closure of state and federal courthouses
in Manhattan; and,

The delay of the meeting of the United Nations General

Assembly and a special meeting of the United Nations
called to address UNICEF issues.

YES Lo

NO

-18-


Number of Jurors who so find

Number of Jurors who so find

Instructions: Go to Section IV(B) to record your decision as to the appropriate sentence

recommendation.

-10-


F. That the actions of defendant, ZACARIAS MOUSSAOUL, were intended to
cause, and in fact did cause, tremendous disruption to the function of the
Pentagon as evidenced by the following:

1. The destruction of the Naval Operations Center and the
loss of the majority of its staff;

2. The destruction of the Naval Intelligence Plot and the
loss of the majority of its staff;

3. The destruction of the Army Resource Management
Center and the loss of its staff;

4. The destruction of 400,000 square feet and the damage
of over 1 million square feet of office space;

5. The destruction of a portion of the Pentagon which had
just been renovated at the cost of $250 million; and,

6. The destruction of computers, other technological
equipment, furniture, 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.
YES LO

NO

G. That the defendant, ZACARIAS MOUSSAOUI, has demonstrated a lack of
remorse for his criminal conduct?

YES LO

NO

Instructions: No matter how you answered with respect to the above Non-Statutory

Aggravating Factors, proceed to Section IIL.

-33-


Section II. — Non-Statutory Aggravating Factors

Ins'

tructions: Answer "YES" or "NO" as to whether the Jury unanimously finds that the

Government has proven any of the Non-Statutory Aggravating Factors beyond a reasonable doubt:

A.

That on or about February 23, 2001, defendant, ZACARIAS MOUSSAOUI,
entered the United States, for the purpose of gaining specialized knowledge in
flying an aircraft in order to kill as many American citizens as possible?

YES VA

NO

That the actions of defendant, ZACARIAS MOUSSAOUI, resulted in the
deaths of approximately 3,000 people?

YES
NO v

That the actions of defendant, ZACARIAS MOUSSAOUL, resulted in serious

physical and emotional injuries, including maiming, disfigurement, and

permanent disability, to numerous individuals who survived the offense?
YES

NO

That 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, harm,

and loss to the victims, their families, oe Tends, and their co-workers?
YES

NO

That the Government has proven beyond a reasonable doubt that the actions of
defendant, ZACARIAS MOUSSAOUL, 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:

1. 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;

-30-


That the execution of ZACARIAS MOUSSAOUI will create a martyr for
radical Muslim fundamentalists, and to al Qaeda in particular.
Number of Jurors who so find ie

That ZACARIAS MOUSSAOUP’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 who so find 4

That ZACARIAS MOUSSAOUI’s father had a violent temper and physically
and emotionally abused his family.
Number of Jurors who so find ¢

That ZACARIAS MOUSSAOUI’s father abandoned Zacarias and his
siblings, leaving Zacarias’s mother to support and raise their children on her

own.
Number of Jurors who so find _*

That ZACARIAS MOUSSAOUI was subject to racism as a youngster
because of his Moroccan background which affected him deeply.
Number of Jurors who so find 3

That ZACARIAS MOUSSAOUID’s mother had a violent uncle or men
unrelated to the family living in the home with the family.
Number of Jurors who so find None

That ZACARIAS MOUSSAOUD’s two sisters and his father all suffered
from psychotic illnesses.
Number of Jurors who so find yA

That even though ZACARIAS MOUSSAOUI 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 who so find one

-7-


Section III. Mitigating Factors

Instructions: 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. If no Juror finds that

the defense proved a particular Mitigating Factor, the word “NONE” should be written in the blank.

You may also write in paragraph X any additional Mitigating Factors found by at least one Juror,

by a preponderance of the evidence, even if not raised by the defense.

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 5

That ZACARIAS MOUSSAOUI has maintained a non-violent record for the
past four years while incarcerated in the Alexandria Detention Center with
minimal rules violations.

Number of Jurors who so find _/__

That the Federal Bureau of Prisons has the authority and ability to maintain
ZACARIAS MOUSSAOUI under highly secure conditions.
Number of Jurors who so find __/

That given his conduct, and the likely conditions of his maximum security
confinement, ZACARIAS 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 who so find 3

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 ZACARIAS MOUSSAOUI than a sentence of death.
Number of Jurors who so find None

That ZACARIAS MOUSSAOUTL 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 who so find none

-6-


F. That the actions of defendant, ZACARIAS MOUSSAOUL, were intended to
cause, and in fact did cause, tremendous disruption to the function of the
Pentagon as evidenced by the following:

1.

2.

The destruction of the Naval Operations Center and the
loss of the majority of its staff;

The destruction of the Naval Intelligence Plot and the
loss of the majority of its staff;

The destruction of the Army Resource Management
Center and the loss of its staff;

The destruction of 400,000 square feet and the damage
of over 1 million square feet of office space;

The destruction of a portion of the Pentagon which had
just been renovated at the cost of $250 million; and,

The destruction of computers, other technological
equipment, furniture, and safes specifically designed for
use by the Pentagon because of its unique role as the
center of military operations for Vaan States of

America.
YES

NO

G. That the defendant, ZACARIAS MOUSSAOUI, has demonstrated a lack of
remorse for his criminal conduct?

es

NO

Instructions: No matter how you answered with respect to the above Non-Statutory

Aggravating Factors, proceed to Section III.

-19-


That other factors in the background or character of ZACARIAS
MOUSSAOUI suggest that life without the possibility of release is the most
appropriate punishment.

Number of Jurors who so find Jon @

List on the lines below any additional Mitigating Factors found by at least
one Juror and the number of Jurors who so found. If you need additional
space, ask for more paper:

1 That Zacarius Moussaoui had Lim ted
knowledge of the My atheck plans.

Number of Jurors who so find 3

2.

Number of Jurors who so find
3.

Number of Jurors who so find
4.

Number of Jurors who so find

-9-


SectionIV. FINAL DECISION AS TO COUNT III
Instructions: Answer Section IV(A) only if the Jury found none of the Statutory
Aggravating Factors in Section I. Answer either Section [V(B)(1) or Section IV(B)(2) if the Jury

found at least one Statutory Aggravating Factor in Section I.

A. NO STATUTORY AGGRAVATING FACTORS FOUND.

We, the Jury, find as to Count III, that the Government has not proven, beyond
areasonable doubt, the existence of any Statutory Aggravating Factors required by law
as a prerequisite for the imposition of capital punishment, and therefore do not
recommend the death penalty for ZACARIAS MOUSSAOUI as to Count II.

FOREPERSON (Signature & Juror Number)

Date: » 2006

Instructions: Go directly to Section V to certify this decision.

-25-


Redacted - ong
in Vault

FILED.
IN OPEN COURT

re

THE UNITED STATES DISTRICT COURT | #

FOR THE EASTERN DISTRICT OF VIRGINIA *. MAY ~ 3
Alexandria Division

CLERK U.S_DISTRICT
ALEXANDRIA, VIRGWIA

UNITED STATES OF AMERICA

Criminal No. 01-455-A
Hon. Leonie M. Brinkema

Vv.

a/k/a “Shagqil,”

)

)

)

)

ZACARIAS MOUSSAOUI, )
)

a/k/a “Abu Khalid al Sahrawi,” )

)

)

Defendant.

SPECIAL VERDICT FORM FOR PHASE II

COUNT I: Conspiracy to Commit Acts of Terrorism Transcending National Boundaries

Section I. Statutory Aggravating Factors
Instructions: Answer "YES" or "NO" as to whether the Jury unanimously finds that the

Government has proven any Statutory Aggravating Factor beyond a reasonable doubt:

A. That the defendant, ZACARIAS MOUSSAOUI, in the commission of the
offense, knowingly created a grave risk of death to one or more persons in
addition to the victims of the offense?

NO

B. That the defendant, ZACARIAS MOUSSAOUI, committed the offense in an
especially heinous, cruel, or depraved manner in that it involved torture or

serious physical abuse to the victim or victims?

YES

NO wa


Section IV. FINAL DECISION AS TO COUNT I (Cont.)
B. THE JURY’S SENTENCING RECOMMENDATION

Instructions: Answer either B(1) or B(2) but not both. Then go directly to Section V

to certify your decision.

1. DEATH SENTENCE

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, by unanimous vote,

determine that a sentence of death shall be imposed.

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) FOREPERSON (Signature & Juror Number)
Date: , 2006

-12-


Section IV. FINAL DECISION AS TO COUNT I
Instructions: Answer Section IV(A) only if the Jury found none of the Statutory
Aggravating Factors in Section I. Answer either Section IV(B)(1) or Section [V(B)(2) if the Jury

found at least one Statutory Aggravating Factor in Section I.

A. NO STATUTORY AGGRAVATING FACTORS FOUND.

We, the Jury, find as to Count I, that the Government has not proven, beyond
a reasonable doubt, the existence of any Statutory Aggravating Factors required by law
as a prerequisite for the imposition of capital punishment, and therefore do not

recommend the death penalty for ZACARIAS MOUSSAOUL as to Count I.

FOREPERSON (Signature & Juror Number)

Date: » 2006

Instructions: Go directly to Section V to certify this decision.

-ll-


10.

il.

12.

13.

14,

15.
16.

17.
18.

19.

20.

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;

The destruction of the offices of the New York field
division of the Office of 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 of HUD,
which was to be used in criminal prosecutions;

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;
The disruption of service on train and subway lines,
including the E line, subway lines 1 and 9, and the Port
Authority Trans-Hudson (PATH) lines;

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

The displacement of businesses located in the World
Trade Center and the economic harm to each of the
businesses;

The disruption of telephone service in Manhattan;

The destruction of approximately 12 million square feet
of office space;

Property loss costing several billion dollars;

The temporary closure of the New York Stock
Exchange (NYSE) and the New York Mercantile
Exchange (NYMEX);

The temporary closure of state and federal courthouses
in Manhattan; and,

The delay of the meeting of the United Nations General
Assembly and a special meeting of the United Nations
called to address UNICEF issues.

YES

NO

-32-


The deaths of 37 Port Authority officers, the deaths of
38 Port Authority civilian employees, the destruction of
the headquarters of the Port Authority, and the loss of
approximately 114 Port Authority vehicles;

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;

The deaths of 3 New York state court officers;

The death of 1 Special Agent of the Federal Bureau of
Investigation (FBI);

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 Secret Service, which was to
be used in criminal prosecutions;

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;

The destruction of the offices of the New York field

sion of the Bureau of Alcohol, Tobacco and
Firearms (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 ATF Special Agents to fight crime;

The destruction of the offices of the New York field
division of the Internal Revenue Service, the loss of 7

~31-


That his mother’s failure to provide her children with any meaningful
religious training or practice left ZACARIAS 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 who so find Qone-

That ZACARIAS MOUSSAOUI suffers from a psychotic disorder, most
likely schizophrenia, paranoid subtype.
Number of Jurors who so find None

That ZACARIAS MOUSSAOUI’s role in al Qaeda while in Afghanistan was
as a security clerk at a guesthouse and as a driver for persons staying at the

guesthouse.
Number of Jurors who so find None

That ZACARIAS MOUSSAOUD’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 who so find AON

That ZACARIAS MOUSSAOUP’s role in the 9/11 operation, if any, was
minor.
Number of Jurors who so find _3

That ZACARIAS MOUSSAOUI was incarcerated on the day of the 9/11

attacks.
Number of Jurors who so find _/

That ZACARIAS MOUSSAOUI was an ineffectual al Qaeda operative.
Number of Jurors who so find None

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 who so find 40€

-8-


That his mother’s failure to provide her children with any meaningful
religious training or practice left ZACARIAS 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 who so find None

That ZACARIAS MOUSSAOUL suffers from a psychotic disorder, most
likely schizophrenia, paranoid subtype.
Number of Jurors who so find NON@

That ZACARIAS MOUSSAOUD’s role in al Qaeda while in Afghanistan was
as a security clerk at a guesthouse and as a driver for persons staying at the
guesthouse.

Number of Jurors who so find 10AC-

That ZACARIAS MOUSSAOUD’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 who so find none

That ZACARIAS MOUSSAOUP’s role in the 9/11 operation, if any, was
minor.
Number of Jurors who so find 3

That ZACARIAS MOUSSAOUI was incarcerated on the day of the 9/11
attacks.
Number of Jurors who so find _/

That ZACARIAS MOUSSAOUI was an ineffectual al Qaeda operative.
Number of Jurors who so find pone

That other persous 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 who so find _“one-

-22-


Section IV. FINAL DECISION AS TO COUNT IV
Instructions: Answer Section IV(A) only if the Jury found none of the Statutory
Aggravating Factors in Section I. Answer either Section TV(B)(1) or Section IV(B)(2) if the Jury

found at least one Statutory Aggravating Factor in Section I.

A. NO STATUTORY AGGRAVATING FACTORS FOUND.

We, the Jury, find as to Count IV, that the Government has not proven, beyond
a reasonable doubt, the existence of any Statutory Agegravating Factors required by law
as a prerequisite for the imposition of capital punishment, and therefore do not

recommend the death penalty for ZACARIAS MOUSSAOUL as to Count IV.

FOREPERSON (Signature & Juror Number)

Date: > 2006

Instructions: Go directly to Section V to certify this decision.

~39-


Section IV. FINAL DECISION AS TO COUNT IV (Cont.)
B. THE JURY’S SENTENCING RECOMMENDATION

Instructions: Answer either B(1) or B(2) but not both. Then go directly to Section V

to certify your decision.

1. DEATH SENTENCE

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, by unanimous vote,

determine that a sentence of death shall be imposed.

(Signature & Juror Number) (Signature & Juror Number)
(Signature & Juror Number) (Signature & Juror Number)
(Signature & Juror Number) (Signature & Juror Number)
(Signature & Juror Number) (Signature & Juror Number)
(Signature & Juror Number) (Signature & Juror Number)
(Signature & Juror Number) FOREPERSON (Signature & Juror Number)

Date: » 2006

-40-


Section V. CERTIFICATION

By signing below, each juror certifies that consideration of the race, color,
religious beliefs, national origin, or sex of the defendant or the victim was not involved
in reaching his or her individual decision, and that the individual juror would have
made the same sentence recommendation for ZACARIAS MOUSSAOUI no matter

what the race, color, religious beliefs, national origin, or sex of the defendant, or the

victim, would have been.

All Jurors and Foreperson must sign below:

OVE:
FL | 4394
(Signature & Juror Number) (Signature & Juror Number)

4S |

0533
FOREPERSON (Signature & Juror Number)

rol
Date: Inay 3 — , 2006

-28-


10.

11.

13.

14.

15.

16.

17.

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;

The destruction of the offices of the New York field
division of the Bureau of Alcohol, Tobacco and
Firearms (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 ATF Special Agents to fight crime;

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;

The destruction of the offices of the New York field
division of the Office of 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 of HUD,
which was to be used in criminal prosecutions;

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;

The disruption of service on train and subway lines,
including the E line, subway lines 1 and 9, and the Port
Authority Trans-Hudson (PATH) lines;

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

The displacement of businesses located in the World
Trade Center and the economic harm to each of the
businesses;

The disruption of telephone service in Manhattan;

The destruction of approximately 12 million square feet
of office space;

Property loss costing several billion dollars;

-4-


COUNT Ill: Conspiracy to Destroy Aircraft

Section I. Statutory Aggravating Factors
Instructions: Answer "YES" or "NO" as to whether the Jury unanimously finds that the

Government has proven any Statutory Aggravating Factor beyond a reasonable doubt:

That the defendant, ZACARIAS MOUSSAOUI, in the commission of the
offense, knowingly created a grave risk of death to one or more persons in
addition to the victims of the offense?

YES

NO

That the defendant, ZACARIAS MOUSSAOUL, committed the offense in an
especially heinous, cruel, or depraved manner in that it involved torture or
serious physical abuse to the victim or victims?

YES

NO v

That the defendant, ZACARIAS MOUSSAOUI, committed the offense after
substantial planning and premeditation to cause the death of a person or to
commit an act of terrorism?

YES A

NO

Instructions: If you answered "NO" with respect to all three of the above Statutory

Aggravating Factors, that ends your consideration of the death penalty as to ZACARIAS

MOUSSAOUI for Count III. Go directly to Section ['V(A) to record your decision and then proceed

to Section V to certify your decision. If you answered "YES" with respect to any one of the above

Statutory Aggravating Factors, go to Section II.

-15-


The deaths of 37 Port Authority officers, the deaths of
38 Port Authority civilian employees, the destruction of
the headquarters of the Port Authority, and the loss of
approximately 114 Port Authority vehicles;

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;

The deaths of 3 New York state court officers;

The death of 1 Special Agent of the Federal Bureau of
Investigation (FBI);

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 Secret Service, which was to
be used in criminal prosecutions;

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;

The destruction of the offices of the New York field
division of the Bureau of Alcohol, Tobacco and
Firearms (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 ATF Special Agents to fight crime;

The destruction of the offices of the New York field
division of the Internal Revenue Service, the loss of 7

-17-


That 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, harm,

and loss to the victims, their families, thej« friends, and their co-workers?
YES

NO

That the Government has proven beyond a reasonable doubt that the actions of
defendant, ZACARIAS MOUSSAOUL, 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:

1. 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;

2. The deaths of 37 Port Authority officers, the deaths of
38 Port Authority civilian employees, the destruction of
the headquarters of the Port Authority, and the loss of
approximately 114 Port Authority vehicles;

3. 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;

4. The deaths of 3 New York state court officers;

5. The death of 1 Special Agent of the Federal Bureau of
Investigation (FBI);

6. 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 Secret Service, which was to
be used in criminal prosecutions;

7. 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

3-


Number of Jurors who so find

Number of Jurors who so find

Instructions: Go to Section IV(B) to record your decision as to the appropriate sentence

recommendation.

-38-


Section IV. FINAL DECISION AS TO COUNT II (Cont.)
B. THE JURY’S SENTENCING RECOMMENDATION

Instructions: Answer either B(1) or B(2) but not both. Then go directly to Section V

to certify your decision.

1. DEATH SENTENCE

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, by unanimous vote,

determine that a sentence of death shall be imposed.

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) (Signature & Juror Number)

(Signature & Juror Number) FOREPERSON (Signature & Juror Number)
Date: , 2006

-26-


Cc.

That the defendant, ZACARIAS MOUSSAOUI, committed the offense after
substantial planning and premeditation to cause the death of a person or to

commit an act of terrorism?
YES “A

NO

Instructions: If you answered "NO" with respect to all three of the above Statutory

Aggravating Factors, that ends your consideration of the death penalty as to ZACARIAS

MOUSSAOUI for Count IL. Go directly to Section IV(A) to record your decision and then proceed

to Section V to certify your decision. If you answered "YES" with respect to any one of the above

Statutory Aggravating Factors, go to Section II.

Section II. | Non-Statutory Aggravating Factors

Instructions: Answer "YES" or "NO" as to whether the Jury unanimously finds that the

Government has proven any of the Non-Statutory Aggravating Factors beyond a reasonable doubt:

A.

That on or about February 23, 2001, defendant, ZACARIAS MOUSSAOUI,
entered the United States, for the purpose of gaining specialized knowledge in
flying an aircraft in order to kill as many American citizens as possible?

YES VA

NO

That the actions of defendant, ZACARIAS MOUSSAOUI, resulted in the
deaths of approximately 3,000 people?

YES
NO y
That the actions of defendant, ZACARIAS MOUSSAOUL, resulted in serious

physical and emotional injuries, including maiming, disfigurement, and

permanent disability, to numerous inaiygals who survived the offense?
YES

NO


Section III. Mitigating Factors

Instructions: 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. Ifno Juror finds that
the defense proved a particular Mitigating Factor, the word “NONE” should be written in the blank.
You may also write in paragraph X any additional Mitigating Factors found by at least one Juror,
by a preponderance of the evidence, even if not raised by the defense.

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 5 _

B. That ZACARIAS MOUSSAOUL has maintained a non-violent record for the
past four years while incarcerated in the Alexandria Detention Center with
minimal rules violations.

Number of Jurors who so find / _

Cc That the Federal Bureau of Prisons has the authority and ability to maintain
ZACARIAS MOUSSAOUI under highly secure conditions.
Number of Jurors who so find _/

D. That given his conduct, and the likely conditions of his maximum security
confinement, ZACARIAS 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 who so find 3

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 ZACARIAS MOUSSAOUI than a sentence of death.

Number of Jurors who so find one

EF That ZACARIAS 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 who so find /oge_

-34-


COUNT IV: Conspiracy to Use Weapons of Mass Destruction

Section I. Statutory Aggravating Factors

Instructions: Answer "YES" or "NO" as to whether the J ury unanimously finds that the

Government has proven any Statutory Aggravating Factor beyond a reasonable doubt:

A. That the defendant, ZACARIAS MOUSSAOUI, in the commission of the
offense, knowingly created a grave risk of death to one or more Persons in
addition to the victims of the offense?

YES “a

NO

B. That the defendant, ZACARIAS MOUSSAOUI, committed the offense in an
especially heinous, cruel, or depraved manner in that it involved torture or
serious physical abuse to the victim or victims?

YES
NO ,

Cc That the defendant, ZACARIAS MOUSSAOUI, committed the offense after
substantial planning and premeditation to cause the death of a person or to
commit an act of terrorism?

YES Va

NO

Instructions: If you answered "NO" with respect to all three of the above Statutory

Aggravating Factors, that ends your consideration of the death penalty as to ZACARIAS
MOUSSAOUI for Count IV. Go directly to Section IV(A) to record your decision and then proceed
to Section V to certify your decision. If you answered "YES" with respect to any one of the above

Statutory Aggravating Factors, go to Section II.

-29-


Section IV. FINAL DECISION AS TO COUNT I (Cont.)

2. SENTENCE OF LIFE IMPRISONMENT WITHOUT POSSIBILITY OF
RELEASE

Based upon consideration of whether the aggravating factor or factors found to
exist sufficiently outweigh any mitigating factor or factors found to exist, or in the
absence of any mitigating factors, whether the aggravating factor or factors are
themselves sufficient to justify a sentence of death, we the jury, do not unanimously

find that a sentence of death shall be imposed on the defendant.

OF 32
FOREPERSON (Signature & Juror Number)

Date: Tey 3 , 2006

-13-


Section II. | Non-Statutory Aggravating Factors

Instructions: Answer "YES" or "NO" as to whether the Jury unanimously finds that the

Government has proven any of the Non-Statutory Aggravating Factors beyond a reasonable doubt:

A.

That on or about February 23, 2001, defendant, ZACARIAS MOUSSAOUI,
entered the United States, for the purpose of gaining specialized knowledge in
flying an aircraft in order to kill as many American citizens as possible?

YES
NO

That the actions of defendant, ZACARIAS MOUSSAOUI, resulted in the
deaths of approximately 3,000 people?

YES

NO
That the actions of defendant, ZACARIAS MOUSSAOUL, resulted in serious
physical and emotional injuries, including maiming, disfigurement, and

permanent disability, to numerous indivjduals who survived the offense?
YES

NO

That 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, harm,

and loss to the victims, their families, their friends, and their co-workers?
YES ZL

NO

That the Government has proven beyond a reasonable doubt that the actions of
defendant, ZACARIAS MOUSSAOUL, 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:

1. 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;

-16-