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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
ALEXANDRIA DIVISION

UNITED STATES OF AMERICA

v. Criminal No. 01-455-A
ZACARIAS MOUSSAOUI
a/k/a “Shagil,”
a/k/a “Abu Khalid
al Sahrawi,”

Defendant .

ORDER

Before the Court is the parties’ Joint Motion to Certify
Case as “Complex” and to Set Forth Schedule Regarding Death
Penalty Notice.

In the first half of their motion, the parties argue that
the Speedy Trial Act’s time limits for setting criminal trials
should not apply to this prosecution, which involves four counts
exposing the defendant to the possibility of the death penalty
for activities alleged to have been part of the September 11,
2001 terrorist attacks in New York and at the Pentagon. We find
that the allegations in the indictment fully support the
conclusion that this case is both unusual and highly complex due
to the international scope of the evidence, the potential for the
death penalty, and the probability that information subject to
the Classified Information Procedures Act (“CIPA”), 18 U.S.C.
App. 3 §§ 1-16 (2001), is involved. Given the complex nature of

this case, the seventy day time limit between arraignment and


trial, which is normally required by the Speedy Trial Act, will
not permit either the government or the defense sufficient time
to prepare adequately for either pretrial motions or trial. See
18 U.S.C. § 3161(h) (8) (B) (ii). Therefore, the parties Joint
Motion to Certify Case as “Complex” is GRANTED, and it is hereby

ORDERED that the trial date will be more than seventy days
after arraignment. However, the parties’ request that a trial
date not be set at the arraignment is DENIED, and it is hereby

ORDERED that the parties be prepared to discuss at the
arraignment proposed dates for motions hearings, any CIPA
hearings and the trial.

In the second half of their motion, the parties seek time to
pursue Department of Justice procedures for addressing whether
the prosecution will actually seek the death penalty. They also
request that no mental health testing of defendant occur until
after the government files its Notice of Intent to seek the death
penalty.

Regardless of whether the death penalty is a possible
penalty, the defendant faces a possible life sentence if
convicted of any of the counts in the indictment. Therefore,
there is no good reason to delay the development of any mental
health issues until the government decides whether it will seek
the death penalty in this case.

For these reasons, the parties Joint Motion to Set Forth


C, Cc

Schedule Regarding Death Penalty Notice is DENIED as to the delay
in mental health testing but GRANTED as to the proposed schedule
for the government’s decision whether to seek the death penalty,
and it is hereby

ORDERED that any written submissions by defendant to the
Department of Justice concerning the applicability of the death
penalty be made no later than March 1, 2002, with any oral
presentation made no later than March 15, 2002. If appropriate,
the government must file its position as to whether it intends to
seek the death penalty by March 29, 2002, and any oral argument
of this issue will be held on Thursday, April 4, 2002 at 9:00am
in Courtroom 700.*

The Clerk is directed to forward copies of this Order to

counsel of record and the United States Marshal Service.

%
Entered this ,2'7. day of December, 2001.

/S/

Leonie M. Brinkema
United States District Judge

Alexandria, Virginia

' To minimize the impact of this case on the regular business

of the court, unless otherwise ordered, all proceedings involving
this case will take place in Courtroom 700.

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