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Transcript on Moussaoui mitigating factors

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Zacarias Moussaoui

ALEXANDRIA, Virginia (CNN) -- The following is a partial statement read Wednesday by court spokesman Edward Adams regarding 23 mitigating factors considered by jurors in the sentencing trial of admitted al Qaeda conspirator Zacarias Moussaoui:

Defense counsel put before the jury 23 mitigating factors. For the jury to consider a mitigating factor, it had to be proven by a preponderance of the evidence, which is the lower standard than "beyond a reasonable doubt," which was used on the aggravating factors.

Also, the jury need not unanimously find that the mitigating factor had been proven. If only one or more jurors found the factor had been proven, they could consider it when determining the sentence. (Watch the rest of statement explaining the verdict -- 9:45)

These are the findings on the 23 mitigating factors. For each, the jury reports the number of jurors who so found it proven.

  • Five jurors found that if he is not sentenced to death, the defendant will be incarcerated in prison for the rest of his life without the possibility of release.
  • One juror found that the defendant has maintained a nonviolent record for the past four years while incarcerated in the Alexandria detention center with minimal rules violations.
  • One juror found that the Federal Bureau of Prisons has the authority and ability to maintain the defendant under highly secure conditions.
  • Three jurors found that, given his conduct and the likely conditions of his maximum security confinement, the defendant will not present a substantial risk to prison officials or other inmates if he is sentenced to life in prison without the possibility of release.
  • No jurors found that a sentence of life in prison without the possibility of release under strict conditions the Bureau of Prisons is likely to impose will be a more severe punishment for the defendant than a sentence of death.
  • No jurors found that the defendant believes that his execution will be part of his jihad and will provide him with the rewards attendant to a martyr's death.
  • No jurors found that the execution of the defendant will create a martyr for radical Muslim fundamentalists and to al Qaeda in particular.
  • Nine jurors found that the defendant'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.
  • Nine jurors found the defendant's father had a violent temper and physically and emotionally abused his family.
  • Two jurors found the defendant's father abandoned him and his siblings, leaving his mother to support and raise their children on her own.
  • Three jurors found that the defendant was subject to racism as a youngster because of his Moroccan background, which affected him deeply.
  • No jurors found the defendant's mother had a violent uncle or men unrelated to the family living in the home with the family.
  • Four jurors found the defendant's two sisters and his father all suffered from psychotic illnesses.
  • No jurors found that, even though the defendant arrived in England with no money and lived in a homeless shelter, he endured the hardship and through perseverance graduated with a master's degree from South Bank University.
  • No jurors found that the defendant's mother's failure to provide her children with any meaningful religious training or practice left the defendant without 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.
  • No jurors found the defendant suffers from a psychotic disorder, most likely schizophrenia, paranoid subtype.
  • No jurors found the defendant's role in al Qaeda while in Afghanistan was as a security clerk at a guest house and as a driver for persons staying at the guest house.
  • No jurors found the defendant'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.
  • Three jurors found that the defendant's role in the 9/11 operation, if any, was minor.
  • One juror found that the defendant was incarcerated on the day of the 9/11 attacks.
  • No jurors found the defendant was an ineffectual al Qaeda operative.
  • No jurors found 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 subject of capital prosecution.
  • No jurors found that other factors in the background or character of the defendant suggests that life without the possibility of release is the most appropriate punishment.
  • Under the law, the jurors may also write in mitigating factors they believe have been proven by the evidence but were not suggested to them by defense counsel.

    On count one, the jurors wrote in one such factor. They wrote that the defendant had limited knowledge of the 9/11 attack plans. Three jurors found that mitigating factor to have been proven.

    The jury's recommendation of a sentence of life in prison without the possibility of release is binding on the judge, who will sentence the defendant at 10 a.m. tomorrow. [Thursday]

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