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 “Shaqil,” )

a/k/a “Abu Khalid )

al Sahrawi,” )

)

Defendant. )

ORDER

On September 12, 2002, the defendant, pro se, filed a motion

(Docket #498) seeking a six-month continuance of the trial date

because of both the overwhelming quantity of discovery materials

in this case and the disruption to his trial preparation caused

by the search of his cell area for inadvertently disclosed

classified materials. Citing the same reasons, standby defense

counsel support the defendant’s request for an extensive

continuance (Docket #540). 

The United States joins in the defendant’s request for a

six-month continuance, and suggests that the process for

selecting a jury be continued to May 27, 2003, with the first day

of trial rescheduled to June 24, 2003. The United States also

requests that all other deadlines, including the time within

which it must respond to certain pending discovery motions, be

continued. 

Although this is the second continuance sought in this case, 

the Court finds that all parties have demonstrated compelling
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reasons justifying an extensive continuance of pretrial and trial

proceedings, which outweigh the interests of the public and the

defendant in a speedy trial. In particular, the pleadings

establish that a failure to grant a continuance could result in a

miscarriage of justice, and would not allow the parties a

sufficient opportunity to adequately prepare for trial. See 18

U.S.C. § 3161(h)(8)(A) and (B)(i)-(ii). For these reasons, the

defendant’s motion for a continuance (Docket #498) is GRANTED;

and it is hereby 

ORDERED that, except for the hearing scheduled for

Wednesday, October 2, 2002 to address issues involving the

Classified Information Procedures Act, 18 U.S.C. App. 3, all

scheduled motions deadlines, pretrial hearing dates and the trial

date be and are VACATED; and it is further 

ORDERED that the trial of this case be and is continued to

Monday, June 30, 2003, with the jury selection process to begin

on Tuesday, May 27, 2003; and it is further 

ORDERED that the parties advise the Court of the status of

pending discovery issues and propose a revised schedule for the

resolution of any remaining pretrial matters by Monday, December

2, 2002.

In their Response in support of the defendant’s motion for a

continuance (Docket #540), standby counsel also request that the

Court reconsider its previous denial of the defendant’s pro se
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motion to be moved to a larger cell. See motion docketed as #434

and Order of August 22, 2002 docketed as #447. In light of the

lengthy delay of the trial date, we find the defendant’s

continued pretrial confinement to a small, windowless cell to be

both inhumane and an unreasonable barrier to his ability to work

with the materials produced to him. Accordingly, the defendant’s

Motion to Get a Bigger Cave (Docket #434) is GRANTED; and it is

hereby

ORDERED that, as soon as practicable, the United States

Marshal arrange for the defendant and his discovery materials to

be moved to larger cells; and it is further 

ORDERED that consistent with our Order of September 26,

2002, which unsealed all pleadings concerning the United States’

inadvertent production of classified materials to the defendant,

standby counsel’s Response (Docket #540) be and is unsealed. 

The Clerk is directed to forward copies of this Order to the

defendant, pro se; counsel for the United States; standby defense

counsel; the Court Security Officer; and the United States

Marshal.

Entered this 30th day of September, 2002. 

/s/

_________________________________

Leonie M. Brinkema

United States District Judge

Alexandria, Virginia