special verdict form - USDC Eastern District Of Virginia

THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF VIRGINIAAlexandria DivisionUNITED STATES OF AMERICA ))v. ) Criminal No. 01-455-A) Hon. Leonie M. BrinkemaZACARIAS MOUSSAOUI, )a/k/a “Shaqil,” )a/k/a “Abu Khalid al Sahrawi,” ))Defendant )SPECIAL VERDICT FORMI. AGE OF DEFENDANTThe defendant stipulates that he was eighteen years of age or older at thetime of the offense.Instructions:Answer YES or NODo you, the Jury, unanimously find that the Government has establishedbeyond a reasonable doubt that the defendant was eighteen years of age or older attime of the offense?YES ____NO ____Instructions:If you answered YES to this question, then proceed to SectionII for this count. If you answered NO to this question, thencross out Section II of this form and move on to the next count.

II. THRESHOLD FINDINGSInstructions:Answer the following questions as to Count One:(1) Do you, the jury, unanimously find that the Government hasestablished beyond a reasonable doubt that the defendant intentionallyparticipated in an act, i.e. lying to federal agents on August 16-17,2001.PROVEN________NOT PROVEN_____________(2) Do you, the jury, unanimously find that the Government hasestablished beyond a reasonable doubt that the defendant participatedin the act, i.e. lying to federal agents on August 16-17, 2001,contemplating that the life of a person would be taken or intendingthat lethal force would be used in connection with a person, other thanone of the participants in the offense.PROVEN________NOT PROVEN_____________(3) Do you, the jury, unanimously find that the Government hasestablished beyond a reasonable doubt that victims died on September11, 2001, as a direct result of the defendant’s act, i.e. Mr. Moussaoui’slies to federal agents on August 16-17, 2001.PROVEN________NOT PROVEN_____________The Foreperson must sign the form, provide his juror number, and write in thedate. You should then advise the Court that you have reached a decision.________________________Foreperson____________________________Juror Number of ForepersonDATE: ___________________________, 20062

Respectfully Submitted,Zacarias MoussaouiBy CounselGerald T. ZerkinSr. Assistant Federal Public DefenderKenneth P. TroccoliAnne M. ChapmanAssistant Federal Public DefendersEastern District of Virginia1650 King Street, Suite 500Alexandria, VA 22314(703) 600-0800Edward B. MacMahon, Jr.107 East Washington StreetP.O. Box 903Middleburg, VA 20117(540) 687-3902Alan H. Yamamoto643 South Washington StreetAlexandria, VA 22314(703) 684-4700CERTIFICATE OF SERVICEI hereby certify that by hand-delivery on this 24th day of March 2006, a truecopy of the foregoing pleading was served upon AUSA Robert A. Spencer, AUSADavid J. Novak and AUSA David Raskin, U.S. Attorney’s Office, 2100 JamiesonAvenue, Alexandria, VA 22314.Anne M. Chapman3