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CNN LIVE AT DAYBREAK

Court Decision in Case of Moroccan Charged With Helping 09/11 Terrorists

Aired February 5, 2004 - 06:22   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

CAROL COSTELLO, CNN ANCHOR: Just moments ago in Hamburg, Germany, I was telling you, that court decision has come down in the case of a Moroccan charged with helping the September 11 terrorists. We've got the bugs worked out.
Walter Rodgers is live from Hamburg.

What's the verdict -- Walter?

WALTER RODGERS, CNN CORRESPONDENT: Not guilty. A German court here in Hamburg has acquitted Abdelghani Mzoudi, a Moroccan, of being a helper in the 9/11 conspiracy. The Germans had brought Mr. Mzoudi to court, accusing him of being an accessory to murder of 3,000 people killed in the 9/11 attacks. They also accused him of being a member of a terrorist organization.

They had strong suspicions as recently as yesterday, German law enforcement officials told CNN they had very strong suspicions that Mzoudi was still deeply involved in Islamist activities in Germany, but, they say, the evidence simply wasn't there to convict.

Now, Mzoudi was a friend of Mohamed Atta, who piloted one of the planes into the World Trade Center. He admits that. He even is a cosigner of Atta's last will and testament.

Having said that, friendship is not grounds for conviction. The courts have not been able to establish that Mzoudi had prior knowledge of the conspiracy and so they had no choice but to let him go.

What that means is that only one person has ever been convicted in a court in the West of being an accessory in the 9/11 attacks, and that is Mounir El Motassadeq, another Moroccan. But he is now likely to appeal. And the ultimate result of this acquittal today may mean if, certainly if Motassadeq is released and acquitted, it may mean that no one has ever been tried and convicted of complicity. And the implication is the 19 hijackers, all dead, did this all by themselves -- Carol.

COSTELLO: Walter Rodgers reporting live from Hamburg, Germany.

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